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iNetGlobal
iNetGlobal
STATEMENT OF
POLICIES
and
PROCEDURES
Effective
June 1 2010
TABLE OF CONTENTS
Corporate
Mission Statement
“Helping
Business Through The Power Of The Internet”
iNetGlobal
provides quality Internet Services for Small Business. iNetGlobal
mission is to become the largest independent supplier of Internet
Services to Small Business.
Introduction
Policies and
Compensation Plan Incorporated into Consultant Agreement
These
Policies and Procedures, in their present form and as amended at the
sole discretion of iNetGlobal, Inc. (hereafter “iNetGlobal”
or the “Company”),
are incorporated into, and form an integral part of, the iNetGlobal
Internet Marketing Consultant Agreement. Throughout these Policies,
when the term “Agreement”
is used, it collectively refers to the iNetGlobal Internet Marketing
Consultant Application and Agreement, these Policies and Procedures,
the iNetGlobal Compensation Plan. These documents are incorporated by
reference into the iNetGlobal Internet Marketing Consultant Agreement
(all in their current form and as amended by iNetGlobal). It is the
responsibility of each Consultant to read, understand, adhere to, and
ensure that he or she is aware of and operating under the most
current version of these Policies and Procedures. When sponsoring or
enrolling a new Internet Marketing Consultant (hereinafter “IMC”
or “Consultant”), it is the responsibility of the
sponsoring Consultant to ensure that the applicant is provided with,
or has online access to, the most current version of these Policies
and Procedures and the iNetGlobal Marketing and Compensation Plan
prior to his or her execution of the Consultant Agreement.
Purpose of
Policies
iNetGlobal is a
direct sales company that markets its products and services through
Independent Consultants. It is important to understand that your
success and the success of your fellow Consultants depends on the
integrity of the men and women who market our products and services.
To clearly define the relationship that exists between Consultants
and iNetGlobal, and to explicitly set a standard for acceptable
business conduct, iNetGlobal has established the Agreement.
iNetGlobal
Consultants are required to comply with all of the Terms and
Conditions set forth in the Agreement, as well as all federal, state,
and local laws governing their iNetGlobal business and their conduct.
Because you may be unfamiliar with many of these standards of
practice, it is very important that you read and abide by the
Agreement. Please review the information in this manual carefully. It
explains and governs the relationship between you, as an independent
contractor and the Company. If you have any questions regarding any
policy or rule, do not hesitate to seek an answer from iNetGlobal.
Changes to the
Agreement
Because
federal, state, and local laws, as well as the business environment,
periodically change, iNetGlobal reserves the right to amend the
Policies and Procedures, the Compensation Plan, and its prices in its
sole and absolute discretion. By signing the Consultant Agreement, a
Consultant agrees to abide by all amendments or modifications that
iNetGlobal elects to make. Amendments shall be effective 30 days
after publication of notice that the Agreement has been modified.
Notification of amendments shall be published by the following
method: Posting on the Company’s official web site at the
Consultant’s
Back Office. The continuation of a Consultant’s
iNetGlobal business or a Consultant’s
acceptance of bonuses or commissions constitutes acceptance of any
and all amendments.
Delays
iNetGlobal
shall not be responsible for delays or failures in performance of its
obligations when performance is made commercially impracticable due
to circumstances beyond its reasonable control. This includes,
without limitation, strikes, labor difficulties, riot, war, fire,
death, curtailment of a party’s
source of supply, or government decrees or orders.
Policies and
Provisions Severable
If any provision of
the Agreement, in its current form or as may be amended, is found to
be invalid, or unenforceable for any reason, only the invalid
portion(s) of the provision shall be severed and the remaining terms
and provisions shall remain in full force and effect. The severed
provision, or portion thereof, shall be reformed to reflect the
purpose of the provision as closely as possible.
Becoming a
Consultant
Requirements to
Become a Consultant
To become an
iNetGlobal Consultant, each applicant must:
a)
Be at
least 18 years of age;
b)
Reside
in the United States, a U.S. Territory, or country that iNetGlobal
has officially announced is open for business;
c)
Have a
valid Social Security or Federal Tax ID number;
d)
Subscribe
to the iNetGlobal Virtual Sales Kit (optional in North Dakota);
e)
Submit
a properly completed Consultant Application and Agreement to
iNetGlobal.
Consultant
Benefits
Once a Consultant
Application and Agreement has been accepted by iNetGlobal, the
benefits of the Marketing and Compensation Plan and the Consultant
Agreement are available to the new Consultant. These benefits include
the right to:
a)
Sell
iNetGlobal products and services;
b)
Participate
in the iNetGlobal Marketing and Compensation Plan (receive bonuses
and commissions, if eligible);
c)
Sponsor
other individuals as Consultants into the iNetGlobal business and
thereby, build a marketing organization and progress through the
iNetGlobal Marketing and Compensation Plan;
d)
Receive
periodic iNetGlobal literature and other iNetGlobal communications;
e)
Participate
in iNetGlobal-sponsored support, service, training, motivational and
recognition functions, upon payment of appropriate charges, if
applicable; and
f)
Participate
in promotional and incentive contests and programs sponsored by
iNetGlobal for its Consultants.
Term and
Renewal of Your iNetGlobal Business
The
term of the Consultant Agreement is one year from the date of its
acceptance by iNetGlobal (subject to reclassification for inactivity
or cancellation pursuant to Section 10 below). Consultants must renew
their Consultant Agreement each year by paying an annual renewal fee
of $59.95 on or before the anniversary date of their Consultant
Agreement. If the renewal fee is not paid within 30 days after the
expiration of the current term of the Consultant Agreement, the
Consultant Agreement will be canceled. Consultants may elect to
utilize the Automatic Renewal Program (ARP). Under the ARP, the
renewal fee will be charged to the Consultant’s
credit card on file with the Company. Optionally the Consultant may
elect to pay the renewal fee from available Commissions.
Operating an
iNetGlobal Business
Adherence to
the iNetGlobal Marketing and Compensation Plan
Consultants must
adhere to the terms of the iNetGlobal Marketing and Compensation Plan
as set forth in official iNetGlobal literature. Consultants shall not
offer the iNetGlobal opportunity through, or in combination with, any
other system, program, or method of marketing other than that
specifically set forth in official iNetGlobal literature. Consultants
shall not require or encourage other current or prospective customers
or Consultants to participate in iNetGlobal in any manner that varies
from the program as set forth in official iNetGlobal literature.
Consultants shall not require or encourage other current or
prospective customers or Consultants to execute any agreement or
contract other than official iNetGlobal agreements and contracts in
order to become an iNetGlobal Consultant. Similarly, Consultants
shall not require or encourage other current or prospective customers
or Consultants to make any purchase from, or payment to, any
individual or other entity to participate in the iNetGlobal Marketing
and Compensation Plan other than those purchases or payments
identified as recommended or required in official iNetGlobal
literature.
Advertising
General
All Consultants
shall safeguard and promote the good reputation of iNetGlobal and its
products and services. The marketing and promotion of iNetGlobal, the
iNetGlobal opportunity, the Marketing and Compensation Plan, and
iNetGlobal products and services shall be consistent with the public
interest, and must avoid all discourteous, deceptive, misleading,
unethical or immoral conduct or practices.
To
promote both the products and services, and the tremendous
opportunity iNetGlobal offers, Consultants should use the sales tools
and support materials produced by iNetGlobal.
The
rationale behind this requirement is simple. iNetGlobal has carefully
designed its products, services, Marketing and Compensation Plan, and
promotional materials to ensure that each aspect of iNetGlobal is
fair, truthful, substantiated, and complies with the vast and complex
legal requirements of federal and state laws. If iNetGlobal
Consultants were allowed to develop their own sales tools and
promotional materials notwithstanding their integrity and good
intentions, the likelihood that they would unintentionally violate
any number of statutes or regulations affecting an iNetGlobal
business is almost certain. These violations, although they may be
relatively few in number, would jeopardize the iNetGlobal opportunity
for all Consultants. Accordingly, Consultants must submit all sales
tools, promotional materials, advertisements, videos, and other
literature which they produce to the Company for approval. Unless the
Consultant receives specific written approval to use such tools, the
request shall be deemed denied.
iNetGlobal
will not permit Consultants sell sales aids to other iNetGlobal
Consultants.
Therefore,
Consultants who receive authorization from iNetGlobal to produce
their own sales aids may not sell such material to any other
iNetGlobal Consultant. Consultants may make approved material
available to other Consultants free of charge if they wish, but may
not charge other iNetGlobal Consultants for the material.
iNetGlobal further
reserves the right to rescind approval for any sales tools,
promotional materials, advertisements, or other literature, and
Consultants waive all claims for damages or remuneration arising from
or relating to such rescission.
Consultant Web
Sites
If
a Consultant desires to utilize an Internet web page to promote his
or her business, he or she may do so through the Company’s
official web site, using official iNetGlobal templates.
Alternatively, Consultants may develop their own web pages, however,
any Consultant who does so: (a) must use the text of the Company’s
official web site; and (b) may not supplement the content of his or
her web site with text from any source other than the Company.
Consultants who develop or publish their own web sites must register
their site(s) with the Company and receive written approval from the
Company prior to the site(s) public availability.
Blogs, Chat
Rooms, Social Networks, Online Auctions, Videos, and other Online
Forums
Consultants
may use online blogs, chat rooms, social networks, online auctions
sites, videos, or any other online forum to ethically market, sell,
advertise, promote, or discuss iNetGlobal’s
products or services or the iNetGlobal opportunity as long as it does
not violate the terms of these Policies and Procedures.
Domain Names
Consultants
may not use or attempt to register any of iNetGlobal’s
trade names, trademarks, service names, service marks, product names,
the Company’s
name, or any derivative thereof, for any Internet domain name without
the express permission of the company.
Trademarks and
Copyrights
iNetGlobal
will not allow the use of its trade names, trademarks, designs, or
symbols by any person, including iNetGlobal Consultants, without its
prior, written permission. Consultants may not produce for sale or
distribution any recorded Company events and speeches without written
permission from iNetGlobal nor may Consultants reproduce for sale or
for personal use any recording of Company-produced audio or video
tape presentations.
Media and
Media Inquiries
Consultants
must not attempt to respond to media inquiries regarding iNetGlobal,
its products or services, or their independent iNetGlobal business.
All inquiries by any type of media must be immediately referred to
iNetGlobal’s
Media Department. This policy is designed to assure that accurate and
consistent information is provided to the public as well as a proper
public image.
Unsolicited
Email
iNetGlobal does not
permit Consultants to send unsolicited commercial emails unless such
emails strictly comply with applicable laws and regulations
including, without limitation, the federal CAN SPAM Act. Any email
sent by a Consultant that promotes iNetGlobal, the iNetGlobal
opportunity, or iNetGlobal products and services must comply with the
following:
a)
There
must be a functioning return email address to the sender.
b)
There
must be a notice in the email that advises the recipient that he or
she may reply to the email, via the functioning return email address,
to request that future email solicitations or correspondence not be
sent to him or her (a functioning “opt-out”
notice).
c)
The
email must include the Consultant’s
physical mailing address.
d)
The
email must clearly and conspicuously disclose that the message is an
advertisement or solicitation.
e)
The
use of deceptive subject lines and/or false header information is
prohibited.
f)
All
opt-out requests, whether received by email or regular mail, must be
honored. If a Consultant receives an opt-out request from a recipient
of an email, the Consultant must forward the opt-out request to the
Company.
iNetGlobal
may periodically send commercial emails on behalf of Consultants.
By entering into the Consultant Agreement, Consultant agrees that the
Company may send such emails and that the Consultant’s
physical and email addresses will be included in such emails as
outlined above. Consultants shall honor opt-out requests
generated as a result of such emails sent by the Company.
Unsolicited
Faxes
Except
as provided in this section, Consultants may not use or transmit
unsolicited faxes or use an automatic telephone dialing system
relative to the operation of their iNetGlobal businesses. The
term automatic telephone dialing system means equipment and/or
software which has the capacity to: (a) store or produce
telephone numbers to be called; and (b) to dial such numbers.
The terms “unsolicited
faxes” means the transmission via telephone facsimile or
computer system of any material or information advertising or
promoting iNetGlobal, its products, services, its compensation plan
or any other aspect of the company which is transmitted to any
person’s fax machine or e-fax, except that these terms do not
include a fax or e-mail: (a) to any person with that person's prior
express invitation or permission; or (b) to any person with whom the
Consultant has an established business or personal relationship.
The term "established business or personal relationship"
means a prior or existing relationship formed by a voluntary two way
communication between a Consultant and a person, on the basis of: (a)
an inquiry, application, purchase or transaction by the person
regarding products or services offered by such Consultant; or (b) a
personal or familial relationship, which relationship has not been
previously terminated by either party.
Bonus Buying
Prohibited
Bonus
buying is strictly and absolutely prohibited. “Bonus
buying”
includes: (a) the enrollment of individuals or entities without the
knowledge of and/or execution of an Independent Consultant
Application and Agreement by such individuals or entities; (b) the
fraudulent enrollment of an individual or entity as a Consultant or
customer; (c) the enrollment or attempted enrollment of non-existent
individuals or entities as Consultants or customers (“phantoms”);
(d) Purchasing iNetGlobal products or services on behalf of another
Consultant or customer, or under another Consultant’s
or customer’s
I.D. number, to qualify for commissions or bonuses; (e) purchasing
excessive amounts of goods or services that cannot reasonably be used
or resold in a month; and/or (f) any other mechanism or artifice to
qualify for rank advancement, incentives, prizes, commissions or
bonuses that is not driven by bona fide product or service purchases
by end user consumers.
Business
Entities
To
prevent the circumvention of Section 4.24 (regarding transfers and
assignments of iNetGlobal business), if an additional partner,
shareholder, member, or other business entity affiliate is added to a
business entity, the original applicant must remain as a party to the
original Consultant Application and Agreement.
If the
original Consultant wants to terminate his or her relationship with
the Company, he or she must transfer or assign his or her business in
accordance with Section 4.24. If this process is not followed, the
business shall be canceled upon the withdrawal of the original
Consultant. All bonus and commission checks will be sent to the
address of record of the original Consultant. Please note that the
modifications permitted within the scope of this paragraph do
not
include a change of sponsorship. Changes of sponsorship are addressed
in Section 4.5, below. There is a $25.00 fee for each change
requested, which must be included with the written request and the
completed Consultant Application and Agreement. iNetGlobal may, at
its discretion, require notarized documents before implementing any
changes to an iNetGlobal business. Please allow thirty (30) days
after the receipt of the request by iNetGlobal for processing.
Each
Consultant must immediately notify iNetGlobal of all changes to type
of business entity they utilize in operating their businesses and the
addition or removal of business partners, shareholders, members,
and/or associates. Changes shall be processed only once per year. All
changes must be submitted by November 30 to become effective on
January 1 of the following year.
Change of
Sponsor
To
protect the integrity of all marketing organizations and safeguard
the hard work of all Consultants, iNetGlobal strongly discourages
changes in sponsorship.
Maintaining the integrity of sponsorship is critical for the success
of every Consultant and marketing organization.
Accordingly,
the transfer of an iNetGlobal business from one sponsor to another is
rarely permitted.
Requests
for change of sponsorship must be submitted in writing to the Support
Services Department, and must include the reason for the transfer.
Transfers
will only be considered in cases in which
the
new Consultant is sponsored by someone other than the individual he
or she was led to believe would be his or her Sponsor. In such
cases,, a Consultant may request that he or she be transferred to
another organization with his or her entire marketing organization
intact. Requests for transfer under this policy will be evaluated on
a case-by-case basis and must be made within 30 days from the date of
enrollment. The Consultant requesting the change has the burden of
proving that he or she was placed beneath the wrong sponsor. It is up
to iNetGlobal’s
discretion whether the requested change will be implemented.
Cancellation
and Re-application
A
Consultant may legitimately change organizations by voluntarily
canceling his or her iNetGlobal business and remaining inactive
(i.e.,
no sales of iNetGlobal products or services, no sponsoring, no
attendance at any iNetGlobal functions, participation in any other
form of Consultant activity, or operation of any other iNetGlobal
business) for six (6) full calendar months. Following the six
calendar month period of inactivity, the former Consultant may
reapply under a new Sponsor, however, the former Consultant’s
downline will remain in their original line of sponsorship.
iNetGlobal will consider waiving the six calendar month waiting
period under exceptional circumstances. Such requests for waiver must
be submitted to iNetGlobal in writing.
Waiver of
Claims
CONSULTANTS
WAIVE ANY AND ALL CLAIMS AGAINST iNETGLOBAL THAT RELATE TO OR ARISE
FROM iNETGLOBAL’S
DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT
DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF
SPONSORSHIP.
Unauthorized
Claims and Actions
Indemnification
A
Consultant is fully responsible for all of his or her verbal and
written statements made regarding iNetGlobal products, services, and
the Marketing and Compensation Plan which are not expressly contained
in official iNetGlobal materials. Consultants agree to indemnify
iNetGlobal and iNetGlobal’s
directors, officers, employees, and agents, and hold them harmless
from any and all liability including judgments, civil penalties,
refunds, attorney fees, court costs, or lost business incurred by
iNetGlobal as a result of the Consultant’s
unauthorized representations or actions. This provision shall survive
the termination of the Consultant Agreement.
Income Claims
When
presenting or discussing the iNetGlobal opportunity or Marketing and
Compensation Plan to a prospective Consultant, a Consultant may not
make income projections, income claims, or disclose his or her
iNetGlobal income (including the showing of checks, copies of checks,
bank statements, or tax records).
iNetSurf
(iPayment) Claims
iNetGlobal’s
iNetSurf Program is designed to enable advertisers to save money on
their advertising expenses. It is not intended or designed to be an
income source. In fact, it is mathematically impossible to earn a
profit by viewing and rating advertisements on the AdView Rotator.
Therefore, Consultants must not make any express or implied
representation that it is possible to earn a profit by viewing and
rating websites on the AdView Rotator.
Commercial
Outlets
Consultants may not
sell iNetGlobal products or services from a commercial outlet, nor
may Consultants display or sell iNetGlobal products or literature in
any retail or service establishment.
Conflicts of
Interest
Nonsolicitation
iNetGlobal
Consultants are free to participate in other multilevel or network
marketing business ventures or marketing opportunities (collectively
“network
marketing”).
However, during the term of this Agreement, Consultants may not
directly or indirectly Recruit other iNetGlobal Consultants or
customers for any other network marketing business.
Following
the cancellation of a Consultant’s
independent Consultant Agreement, and for a period of six calendar
months thereafter, with the exception of a Consultant who is
personally sponsored by the former Consultant, a former Consultant
may not Recruit any iNetGlobal Consultant or customer for another
network marketing business. Consultants and the Company recognize
that because network marketing is conducted through networks of
independent contractors dispersed across the entire United States and
internationally, and business is commonly conducted via the internet
and telephone, an effort to narrowly limit the geographic scope of
this non-solicitation provision would render it wholly ineffective.
Therefore, Consultants and iNetGlobal agree that this
non-solicitation provision shall apply to all markets in which
iNetGlobal conducts business.
The
term “Recruit”
means the actual or attempted sponsorship, solicitation, enrollment,
encouragement, or effort to influence in any other way, either
directly, indirectly, or through a third party, another iNetGlobal
Consultant or customer to enroll or participate in another multilevel
marketing, network marketing or direct sales opportunity. The conduct
described in the preceding sentence constitutes recruiting even if
the Consultant’s
actions are in response to an inquiry made by another Consultant or
by a customer.
Consultant
Participation in Other Direct Selling Programs
If
a Consultant is engaged in other non-iNetGlobal direct selling
programs, it is the responsibility of the Consultant to ensure that
his or her iNetGlobal business is operated entirely separate and
apart from any other program. To this end, the following must be
adhered to:
a)
Consultants
shall not display iNetGlobal promotional material, sales aids,
products or services with or in the same location as, any
non-iNetGlobal promotional material or sales aids, products or
services.
b)
Consultants
shall not offer the iNetGlobal opportunity, products or services to
prospective or existing customers or Consultants in conjunction with
any non-iNetGlobal program, opportunity, product or service.
c)
Consultants
may not offer any non-iNetGlobal opportunity, products, services or
opportunity at any iNetGlobal-related meeting, seminar or convention,
or within two hours and a five mile radius of the iNetGlobal event.
If the iNetGlobal meeting is held telephonically or on the internet,
any non-iNetGlobal meeting must be at least two hours before or after
the iNetGlobal meeting, and on a different conference telephone
number or internet web address from the iNetGlobal meeting.
-
IMC Reports (MyReferrals Reports)
IMC
Reports (or “MyReferrals”) are available for Consultant
access and viewing from Consultant’s back offices. Consultant
access to their IMC Reports are password protected. All
IMC Reports and the information contained therein are confidential
and constitute proprietary information and business trade secrets
belonging to iNetGlobal.
IMC Reports are provided to Consultants in strictest confidence and
are made available to Consultants for the sole purpose of assisting
Consultants in working with their respective Downline Organizations
in the development of their iNetGlobal business. Consultants should
use their IMC Reports to assist, motivate, and train their downline
Consultants. The Consultant and iNetGlobal agree that, but for this
agreement of confidentiality and nondisclosure, iNetGlobal would not
provide IMC Reports to the Consultant. A Consultant shall not, on his
or her own behalf, or on behalf of any other person, partnership,
association, corporation or other entity:
a)
Directly
or indirectly disclose any information contained in any IMC Report to
any third party;
b)
Directly
or indirectly disclose the password or other access code to his or
her IMC Report;
c)
Use
the information to compete with iNetGlobal or for any purpose other
than promoting his or her iNetGlobal business; or
d)
Recruit
or solicit any Consultant or customer of iNetGlobal listed on any
report, or in any manner attempt to influence or induce any
Consultant or customer of iNetGlobal, to alter their business
relationship with iNetGlobal.
Upon
demand by the Company, any current or former Consultant will return
the original and all copies of IMC Reports to the Company.
iNetGlobal further reserves the right to restrict a Consultant’s
access to his/her IMC Report during any compliance investigation or
suspension period.
Targeting Other
Direct Sellers
iNetGlobal
does not condone Consultants specifically or consciously targeting
the sales force of another direct sales company to sell iNetGlobal
products and services or to become Consultants for iNetGlobal. Nor
does iNetGlobal condone Consultants solicitation or enticement of
members of the sales force of another direct sales company to violate
the terms of their contract with such other company. Should
Consultants engage in such activity, they bear the risk of being sued
by the other direct sales company. If any lawsuit, arbitration or
mediation is brought against a Consultant alleging that he or she
engaged in inappropriate recruiting activity of its sales force or
customers, iNetGlobal will not pay any of Consultant’s
defense costs or legal fees, nor will iNetGlobal indemnify the
Consultant for any judgment, award, or settlement.
Cross-Sponsoring
Actual
or attempted cross sponsoring is strictly prohibited.
Cross
sponsoring
is
defined as the enrollment of an individual who or entity that already
has a current customer or Consultant Agreement on file with
iNetGlobal, or who has had such an agreement within the preceding six
calendar months, within a different line of sponsorship.
The
use of a spouse’s
or relative’s
name, trade names, DBAs, assumed names, corporations, partnerships,
trusts, federal ID numbers, fictitious ID numbers, any straw-man or
other artifice to circumvent this policy is prohibited. Consultants
shall not demean, discredit or defame other iNetGlobal Consultants in
an attempt to entice another Consultant to become part of the first
Consultant’s
marketing organization. This policy shall not prohibit the transfer
of an iNetGlobal business in accordance with Section 4.24.
If
Cross Sponsoring is discovered, it must be brought to the Company’s
attention immediately.
iNetGlobal
may take disciplinary action against the Consultant that changed
organizations and/or those Consultants who encouraged or participated
in the Cross Sponsoring.
iNetGlobal may also move all or part of the offending Consultant’s
downline to his or her original downline organization if the Company
deems it equitable and feasible to do so. However, iNetGlobal is
under no obligation to move the Cross Sponsored Consultant’s
downline organization, and the ultimate disposition of the
organization remains within the sole discretion of iNetGlobal.
Consultants
waive all claims and causes of action against iNetGlobal arising from
or relating to the disposition of the Cross Sponsored Consultant’s
downline organization.
Errors or
Questions
If
a Consultant has questions about or believes any errors have been
made regarding commissions, bonuses, IMC Reports, or charges, the
Consultant must notify iNetGlobal in writing within 60 days of the
date of the purported error or incident in question.
iNetGlobal
will not be responsible for any errors, omissions or problems not
reported to the Company within 60 days.
Governmental
Approval or Endorsement
Neither
federal nor state regulatory agencies or officials approve or endorse
any direct selling or network marketing companies or programs.
Therefore,
Consultants shall not represent or imply that iNetGlobal or its
Marketing and Compensation Plan have been "approved,"
"endorsed" or otherwise sanctioned by any government
agency.
Holding
Applications
Consultants
must not manipulate enrollments of new applicants.
All
Consultant Applications and Agreements must be sent to iNetGlobal
within 72 hours from the time they are signed by a Consultant or
placed by a customer, respectively.
Restrictions on
Third Party Use of Credit Cards and Checking Account Access
Consultants
shall not permit other Consultants or customers to use his or her
credit card, or permit debits to their checking accounts, to enroll
or to make purchases from the Company.
Identification
All
U.S. Consultant applicants are required to provide a properly
completed IRS form W-9, and non-U.S. Consultant applicants are
required to submit a properly completed IRS Form W-8BEN. Upon
enrollment, the Company will provide a unique Consultant
Identification Number to the Consultant by which he or she will be
identified. This number will be used to place orders, and track
commissions and bonuses.
Income Taxes
Each Consultant is
responsible for paying local, state and federal taxes on any income
generated as an Independent Consultant. If an iNetGlobal business is
tax exempt, the Federal tax identification number must be provided to
iNetGlobal. Every year, iNetGlobal will provide an IRS Form 1099 MISC
(Non-employee Compensation) earnings statement to each U.S. resident
who: 1) Had earnings of over $600 in the previous calendar year; or
2) Made purchases during the previous calendar year in excess of
$5,000.
Independent
Contractor Status
Consultants are
independent contractors, and are not purchasers of a franchise or a
business opportunity. The agreement between iNetGlobal and its
Consultants does not create an employer/employee relationship,
agency, partnership, or joint venture between the Company and the
Consultant. Consultants shall not be treated as an employee for his
or her services or for Federal or State tax purposes. All Consultants
are responsible for paying local, state, and federal taxes due from
all compensation earned as a Consultant of the Company. The
Consultant has no authority (expressed or implied), to bind the
Company to any obligation. Each Consultant shall establish his or her
own goals, hours, and methods of sale, so long as he or she complies
with the terms of the Consultant Agreement, these Policies and
Procedures, and applicable laws.
The name of
iNetGlobal and other names as may be adopted by iNetGlobal are
proprietary trade names, trademarks and service marks of iNetGlobal.
As such, these marks are of great value to iNetGlobal and are
supplied to Consultants for their use only in an expressly authorized
manner. Use of iNetGlobal name on any item not produced by the
Company is prohibited except as follows:
Consultant's Name
Independent
iNetGlobal Consultant
All
Consultants may list themselves as an iNetGlobal
“Independent
Marketing Consultant”
or as an Independent iNetGlobal
“Internet
Marketing Consultant”
in any telephone directory under their own name. No Consultant may
place telephone directory display ads using iNetGlobal's name or
logo. Consultants may not answer the telephone by saying
“iNetGlobal”,
“iNetGlobal
Incorporated”,
or in any other manner that would lead the caller to believe that he
or she has reached corporate offices of iNetGlobal.
Insurance
You
may wish to arrange insurance coverage for your business.
Your
homeowner’s
insurance policy does not cover business-related injuries, or the
theft of or damage to inventory or business equipment. Contact your
insurance agent to make certain that your business property is
protected. This can often be accomplished with a simple “Business
Pursuit”
endorsement attached to your present home owner’s
policy.
Adherence to
Laws and Ordinances
Consultants shall
comply with all federal, state, and local laws and regulations in the
conduct of their businesses. Many cities and counties have laws
regulating certain home-based businesses. In most cases these
ordinances are not applicable to Consultants because of the nature of
their business. However, Consultants must obey those laws that do
apply to them. If a city or county official tells a Consultant that
an ordinance applies to him or her, the Consultant shall be polite
and cooperative, and immediately send a copy of the ordinance to the
Compliance Department of iNetGlobal. In most cases there are
exceptions to the ordinance that may apply to iNetGlobal Consultants.
One iNetGlobal
Business Per Consultant and Per Household
A
Consultant may operate or have an ownership interest, legal or
equitable, as a sole proprietorship, partner, shareholder, trustee,
or beneficiary, in only one iNetGlobal business. No individual may
have, operate or receive compensation from more than one iNetGlobal
business. Individuals of the same family unit may not enter into or
have an interest in more than one iNetGlobal Business. A “family
unit”
is defined as spouses and dependent children living at or doing
business at the same address.
In
order to maintain the integrity of the iNetGlobal Marketing and
Compensation Plan, husbands and wives or common-law couples
(collectively “spouses”)
who wish to become iNetGlobal Consultants must be jointly sponsored
as one iNetGlobal business. Spouses, regardless of whether one or
both are signatories to the Consultant Application and Agreement, may
not own or operate any other iNetGlobal business, either individually
or jointly, nor may they participate directly or indirectly (as a
shareholder, partner, trustee, trust beneficiary, or any other legal
or equitable ownership) in the ownership or management of another
iNetGlobal business in any form.
An
exception to the one business per Consultant rule will be considered
on a case by case basis if two Consultants marry or in cases of a
Consultant receiving an interest in another business through
inheritance.
Requests
for exceptions to policy must be submitted in writing to the Support
Department.
Actions of
Household Members or Affiliated Individuals
If
any member of a Consultant’s
immediate household engages in any activity which, if performed by
the Consultant, would violate any provision of the Agreement, such
activity will be deemed a violation by the Consultant and iNetGlobal
may take disciplinary action pursuant to the Statement of Policies
against the Consultant. Similarly, if any individual associated in
any way with a corporation, partnership, trust or other entity
(collectively “affiliated
individual”)
violates the Agreement, such action(s) will be deemed a violation by
the entity, and iNetGlobal may take disciplinary action against the
entity.
Requests for
Records
Any
request from a Consultant for copies of invoices, applications,
downline activity reports, or other records will require a fee of
$2.50 per page per copy.
This
fee covers the expense of mailing and time required to research files
and make copies of the records.
Roll-up of
Marketing Organization
When
a vacancy occurs in a Marketing Organization due to the termination
of an iNetGlobal business, each Consultant in the first level
immediately below the terminated Consultant on the date of the
cancellation will be moved to the first level (“front
line”)
of the terminated Consultant’s
sponsor. For example, if A sponsors B, and B sponsors C1, C2, and C3,
if B terminates her business, C1, C2, and C3 will “roll-up”
to A and become part of A’s
first level.
Sale, Transfer
or Assignment of iNetGlobal Business
Although
an iNetGlobal business is a privately owned, independently operated
business, the sale, transfer or assignment of an iNetGlobal business
is subject to certain limitations.
If a
Consultant wishes to sell his or her iNetGlobal business, the
following criteria must be met:
a)
Protection
of the existing line of sponsorship must always be maintained so that
the iNetGlobal business continues to be operated in that line of
sponsorship.
b)
The
buyer or transferee must become a qualified iNetGlobal Consultant. If
the buyer is an active iNetGlobal Consultant, he or she must first
terminate his or her iNetGlobal business and wait six calendar months
before acquiring any interest in a different iNetGlobal business.
c)
Before
the sale, transfer or assignment can be finalized and approved by
iNetGlobal, any debt obligations the selling Consultant has with
iNetGlobal must be satisfied.
d)
The
selling Consultant must be in good standing and not in violation of
any of the terms of the Agreement in order to be eligible to sell,
transfer or assign an iNetGlobal business.
Prior
to selling an iNetGlobal business, the selling Consultant must notify
iNetGlobal’s
Support Department of his or her intent to sell the iNetGlobal
business. No changes in line of sponsorship can result from the sale
or transfer of an iNetGlobal business.
Separation of
an iNetGlobal Business
iNetGlobal
Consultants sometimes operate their iNetGlobal businesses as
husband-wife partnerships, regular partnerships, corporations, or
trusts. At such time as a marriage may end in divorce or a
corporation, partnership or trust (the latter three entities are
collectively referred to herein as “entities”)
may dissolve, arrangements must be made to assure that any separation
or division of the business is accomplished so as not to adversely
affect the interests and income of other businesses up or down the
line of sponsorship. If the separating parties fail to provide for
the best interests of other Consultants and the Company in a timely
fashion, iNetGlobal will involuntarily terminate the Consultant
Agreement.
During the divorce
or entity dissolution process, the parties must adopt one of the
following methods of operation:
a)
One of
the parties may, with consent of the other(s), operate the iNetGlobal
business pursuant to an assignment in writing whereby the
relinquishing spouse, shareholders, partners or trustees authorize
iNetGlobal to deal directly and solely with the other spouse or
non-relinquishing shareholder, partner or trustee.
b)
The
parties may continue to operate the iNetGlobal business jointly on a
“business-as-usual”
basis, whereupon all compensation paid by iNetGlobal will be paid
according to the status quo as it existed prior to the divorce filing
or dissolution proceedings. This is the default procedure if the
parties do not agree on the format set forth above.
Under
no circumstances will the Downline Organization of divorcing spouses
or a dissolving business entity be divided.
Similarly,
under no circumstances will iNetGlobal split commission and bonus
checks between divorcing spouses or members of dissolving entities.
iNetGlobal will recognize only one Downline Organization and will
issue only one commission check per iNetGlobal business per
commission cycle. Commission checks shall always be issued to the
same individual or entity. In the event that parties to a divorce or
dissolution proceeding are unable to resolve a dispute over the
disposition of commissions and ownership of the business in a timely
fashion as determined by the Company, the Consultant Agreement shall
be involuntarily canceled.
If a former spouse
has completely relinquished all rights in the original iNetGlobal
business pursuant to a divorce, he or she is thereafter free to
enroll under any sponsor of his or her choosing without waiting six
calendar months. In the case of business entity dissolutions, the
former partner, shareholder, member, or other entity affiliate who
retains no interest in the business must wait six calendar months
from the date of the final dissolution before re-enrolling as a
Consultant. In either case however, the former spouse or business
affiliate shall have no rights to any Consultants in their former
organization or to any former retail customer. They must develop the
new business in the same manner as would any other new Consultant.
Sponsoring
All active
Consultants in good standing have the right to sponsor and enroll
others into iNetGlobal. Each prospective Consultant has the ultimate
right to choose his or her own Sponsor. If two Consultants claim to
be the Sponsor of the same new Consultant, the Company shall regard
the first application received by the Company as controlling.
Succession
Upon
the death or incapacitation of a Consultant, his or her business may
be passed to his or her heirs. Appropriate legal documentation must
be submitted to the Company to ensure the transfer is proper.
Accordingly, a Consultant should consult an attorney to assist him or
her in the preparation of a will or other testamentary instrument.
Whenever an iNetGlobal business is transferred by a will or other
testamentary process, the beneficiary acquires the right to collect
all bonuses and commissions of the deceased Consultant’s
marketing organization provided the following qualifications are met.
The successor(s) must:
a)
Execute
a Consultant Agreement;
b)
Comply
with terms and provisions of the Agreement; and
c)
Meet
all of the qualifications for the deceased Consultant’s
status.
Bonus
and commission checks of an iNetGlobal business transferred pursuant
to this section will be paid in a single check jointly to the
devisees. The devisees must provide iNetGlobal with an “address
of record”
to which all bonus and commission checks will be sent. If the
business is bequeathed to joint devisees, they must form a business
entity and acquire a federal taxpayer Identification number.
iNetGlobal will issue all bonus and commission checks and one 1099 to
the business entity.
Transfer Upon
Death of a Consultant
To
effect a testamentary transfer of an iNetGlobal business, the
successor must provide the following to iNetGlobal: (1) an original
death certificate; (2) a notarized copy of the will or other
instrument establishing the successor’s
right to the iNetGlobal business; and (3) a completed and executed
Consultant Agreement.
Transfer Upon
Incapacitation of a Consultant
To
effectuate a transfer of an iNetGlobal business because of
incapacity, the successor must provide the following to iNetGlobal:
(1) a notarized copy of an appointment as trustee; (2) a notarized
copy of the trust document or other documentation establishing the
trustee’s
right to administer the iNetGlobal business; and (3) a completed
Consultant Agreement executed by the trustee.
Telemarketing
Techniques
The
Federal Trade Commission and the Federal Communications Commission
each have laws that restrict telemarketing practices. Both federal
agencies (as well as a number of states) have “do
not call”
regulations as part of their telemarketing laws. Although iNetGlobal
does not consider Consultants to be “telemarketers”
in the traditional sense of the word, these government regulations
broadly define the term “telemarketer”
and “telemarketing”
so that your inadvertent action of calling someone whose telephone
number is listed on the federal do not call registry could cause you
to violate the law. Moreover, these regulations must not be taken
lightly, as they carry significant penalties.
Therefore,
Consultants must not engage in telemarketing in the operation of
their iNetGlobal businesses. The term “telemarketing”
means the placing of one or more telephone calls to an individual or
entity to induce the purchase of an iNetGlobal product or service, or
to recruit them for the iNetGlobal opportunity. “Cold
calls" made to prospective customers or Consultants that promote
either iNetGlobal’s
products or services or the iNetGlobal opportunity constitute
telemarketing and are prohibited. However, a telephone call(s)
placed to a prospective customer or Consultant (a "prospect")
is permissible under the following situations:
a)
If
the
Consultant has an established business relationship with the
prospect. An “established
business relationship”
is a relationship between a Consultant and a prospect based on
the prospect’s
purchase, rental, or lease of goods or services from the Consultant,
or a financial transaction between the prospect and the Consultant,
within the eighteen (18) months immediately preceding the date of a
telephone call to induce the prospect's purchase of a product or
service.
b)
The
prospect’s
personal inquiry or application regarding a product or service
offered by the Consultant, within the three (3) months immediately
preceding the date of such a call.
c)
If the
Consultant receives written and signed permission from the prospect
authorizing the Consultant to call. The authorization must specify
the telephone number(s) which the Consultant is authorized to call.
d)
You
may call family members, personal friends, and acquaintances. An
“acquaintance”
is someone with whom you have at least a recent first-hand
relationship within the preceding three months. Bear in mind,
however, that if you engage in “card
collecting”
with everyone you meet and subsequently calling them, the FTC may
consider this a form of telemarketing that is not subject to this
exemption. Thus, if you engage in calling “acquaintances”,
you must make such calls on an occasional basis only and not make
this a routine practice.
e) Consultants
shall not place or initiate any outbound telephone call to any person
that delivers any pre-recorded message (a "robocall")
regarding or relating to iNetGlobal’s products, services or
opportunity.
In
addition, Consultants shall not use automatic telephone dialing
systems relative to the operation of their iNetGlobal businesses. The
term “automatic
telephone dialing system”
means equipment or software or other system which has the capacity
to: (a) store or produce telephone numbers to be called, using a
random or sequential number generator; and (b) to dial such numbers.
Responsibilities
of Consultants
Change of
Address, Telephone, and E-Mail Addresses
To
ensure timely delivery of products, support materials and commission
checks, it is critically important that the iNetGlobal’s
files are current. Street addresses are required for shipping.
Consultants planning to move should update their personal information
via the Back Office function of the Consultant’s
replicated iNetGlobal website send their new address and telephone
numbers to iNetGlobal’s
Corporate Offices to the attention of the Support Department. To
guarantee proper delivery, two weeks advance notice must be provided
to iNetGlobal on all changes.
Continuing
Development Obligations
Ongoing
Training
Any
Consultant who sponsors another Consultant into iNetGlobal should
perform a bona fide assistance and training function to ensure that
his or her downline is properly operating his or her iNetGlobal
business. Upline Consultants are also responsible to motivate and
train new Consultants in iNetGlobal product and service knowledge,
effective sales techniques, the iNetGlobal Marketing and Compensation
Plan, and compliance with Company Policies and Procedures.
Communication with and the training of downline Consultants must not,
however, violate Section 4.2 (regarding the development of
Consultant-produced advertising and promotional materials).
Consultants should
monitor the Consultants in their Downline Organizations to guard
against downline Consultants making improper product or business
claims, or engaging in any illegal or inappropriate conduct.
Increased
Training Responsibilities
As Consultants
progress through the various levels of leadership, they will become
more experienced in sales techniques, product knowledge, and
understanding of the iNetGlobal program. They will be called upon to
share this knowledge with lesser experienced Consultants within their
organization.
Ongoing Sales
Responsibilities
Regardless of their
level of achievement, Consultants have an ongoing obligation to
continue to personally promote sales through the generation of new
customers and through servicing their existing customers.
Nondisparagement
iNetGlobal
wants to provide its independent Consultants with the best products
and services, compensation plan, and service in the industry.
Accordingly, we value your constructive criticisms and comments. All
such comments should be submitted in writing to the Support Services
Department. Remember, to best serve you, we must hear from you! While
iNetGlobal welcomes constructive input, negative comments and remarks
made in the field by Consultants about the Company, its products or
services, or compensation plan serve no purpose other than to sour
the enthusiasm of other iNetGlobal Consultants. For this reason, and
to set the proper example for their downline, Consultants must not
disparage, demean, or make negative remarks about iNetGlobal, other
iNetGlobal Consultants, iNetGlobal’s
products or services, the Marketing and Compensation plan, or
iNetGlobal’s
directors, officers, or employees.
Providing
Documentation to Applicants
Consultants
must provide the most current version of the Policies and Procedures
and the Compensation Plan to individuals whom they are sponsoring to
become Consultants before the applicant signs a Consultant Agreement.
Additional copies of Policies and Procedures can be downloaded from
iNetGlobal’s
website.
Reporting
Policy Violations
Consultants
observing a Policy violation by another Consultant should submit a
written report of the violation directly to the attention of the
iNetGlobal Compliance Department. Details of the incidents such as
dates, number of occurrences, persons involved, and any supporting
documentation should be included in the report.
Sales
Requirements
Product and
Service Sales
The iNetGlobal
Marketing and Compensation Plan is based on the sale of iNetGlobal
products and services to end consumers. Consultants must fulfill
personal and Downline Organization retail sales requirements (as well
as meet other responsibilities set forth in the Agreement) to be
eligible for bonuses, commissions and advancement to higher levels of
achievement. The following sales requirements must be satisfied for
Consultants to be eligible for commissions:
a)
Consultants
must satisfy the Personal Sales Volume and Group Sales Volume
requirements to fulfill the requirements associated with their rank
as specified in the iNetGlobal Marketing and Compensation Plan.
“Personal
Sales Volume”
includes purchases made by the Consultant (for personal use or
resale) and purchases made by the Consultant’s
personal customers. Group Sales Volume shall include the total Sales
Volume of all Consultants in his or her marketing organization.
b)
At
least 51% of a Consultant’s
total monthly personal sales volume must be sold to personal retail
customers.
c)
After
a Consultant’s first 30 days in the business, the Consultant
must develop or maintain at least two (2) active Retail Customers
every month.
No Territory
Restrictions
There are no
exclusive territories granted to anyone.
Bonuses and
Commissions
Bonus and
Commission Qualifications
A Consultant must be
active and in compliance with the Agreement to qualify for bonuses
and commissions. So long as a Consultant complies with the terms of
the Agreement, iNetGlobal shall pay commissions to such Consultant in
accordance with the Marketing and Compensation plan. The minimum
amount for which iNetGlobal will issue a check or load a payment card
is $50.00. A Consultant must wait until his or her accrued bonuses
and commissions equal or exceed $50.00 before requesting payment from
iNetGlobal.
Adjustment to
Bonuses and Commissions
Consultants receive
bonuses and commissions based on the actual sales of products and
services to end consumers. When an iNetGlobal service is cancelled
and the customer or Consultant cancelling the service is entitled to
a refund, the bonuses and commissions attributable to the cancelled
service will be deducted, in the month in which the refund is given,
and continuing every pay period thereafter until the commission is
recovered, from the Consultants who received bonuses and commissions
on the sale of the cancelled service.
Reports
All
information provided by iNetGlobal in IMC Reports, including but not
limited to personal and group sales volume (or any part thereof), and
downline sponsoring activity is believed to be accurate and reliable.
Nevertheless, due to various factors including but not limited to the
inherent possibility of human and mechanical error; the accuracy,
completeness, and timeliness of orders; denial of credit card and
electronic check payments; returned products; credit card and
electronic check charge-backs; the information is not guaranteed by
iNetGlobal or any persons creating or transmitting the information.
ALL PERSONAL AND
GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT
WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND
WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR
NON INFRINGEMENT.
TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, iNETGLOBAL
AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN
NO EVENT BE LIABLE TO ANY CONSULTANT OR ANYONE ELSE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT
ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND GROUP SALES VOLUME
INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR
COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM
INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE
OF THE INFORMATION), EVEN IF iNETGLOBAL OR OTHER PERSONS CREATING OR
TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW,
iNETGLOBAL OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION
SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER
ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY
OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
OR TERMS AND CONDITIONS RELATED THERETO.
Access
to and use of iNetGlobal’s
online and telephone reporting services and your reliance upon such
information is at your own risk. All such information is provided to
you "as is". If you are dissatisfied with the accuracy or
quality of the information, your sole and exclusive remedy is to
discontinue use of and access to iNetGlobal’s
online and telephone reporting services and your reliance upon the
information.
Product Returns
and Inventory Repurchase
Order
Cancellation
iNetGlobal
offers a 100% 3 day money-back satisfaction guarantee (less any
product used or consumed) to all Customers and Consultants. This
guarantee applies to all products and services including “iNetGlobal
advertising services.”
For all iNetGlobal services, there is a 3-day right of rescission.
Return of
Inventory and Sales Aids by Consultants Upon Cancellation
Upon
cancellation of a Consultant’s Agreement, the Consultant may
return iCredits that he or she personally purchased from iNetGlobal
(purchases from other Consultants or third parties are not subject to
refund) that remain in the Consultant’s inventory so long as
the iCredits were purchased within one year prior to the date of the
Consultant’s cancellation. Upon receipt of the returned
iCredits, the Consultant will be reimbursed 90% of the net cost of
the original purchase price. If
a
Consultant is also a Preferred Customer and holds iCredits in his/her
account and has earned or received iPayments for viewing ads that are
associated with the iCredits, and the iCredits are subsequently
returned for a refund, the amount of iPayments paid to the Consultant
will be deducted from the refund associated with the returned
iCredits.
If the purchases were made through a credit card, the refund will be
credited back to the same account.
Montana
Residents
A
Montana resident may cancel his or her Consultant Agreement within 15
days from the date of enrollment and receive a full refund of the
Sales Kit subscription within such time period.
Procedures for
All Refund Requests
All
product and service cancellations by Consultants must be done through
the Consultant’s
Back Office pursuant to the instructions posted there. Customers may
cancel a product or service by contacting the Consultant who sold the
product or service to the Customer. The Consultant must honor the
customer’s
refund request. Within 10 days of issuing a refund to a customer for
a cancelled product or service, the Consultant may contact the
Company to receive a refund or replacement. Customers who purchase
products or services directly from the Company may cancel by
contacting the Company directly and requesting a refund.
Dispute
Resolution and Disciplinary Proceedings
Disciplinary
Sanctions
Violation
of the Agreement, these Policies and Procedures, violation of any
common law duty, including but not limited to any applicable duty of
loyalty, any illegal, fraudulent, deceptive or unethical business
conduct, or any act or omission by a Consultant that, in the sole
discretion of the Company may damage its reputation or goodwill (such
damaging act or omission need not be related to the Consultant’s
iNetGlobal business), may result, at iNetGlobal's discretion, in one
or more of the following corrective measures:
Issuance of a
written warning or admonition;
Requiring
the Consultant to take immediate corrective measures;
Imposition of a
fine, which may be withheld from bonus and commission checks;
Loss of rights to
one or more bonus and commission checks;
iNetGlobal
may withhold from a Consultant all or part of the Consultant’s
bonuses and commissions during the period that iNetGlobal is
investigating any conduct allegedly in violation of the Agreement.
If a Consultant’s
business is canceled for disciplinary reasons, the Consultant will
not be entitled to recover any commissions withheld during the
investigation period;
Suspension
of the individual’s
Consultant Agreement for one or more pay periods;
Transfer
of a portion or all of the Consultant’s
marketing organization or downline;
Involuntary
termination of the offender’s
Consultant Agreement;
Suspension
and/or termination of the offending Consultant’s
iNetGlobal website or website access;
Any
other measure expressly allowed within any provision of the
Agreement or which iNetGlobal deems practicable to implement and
appropriate to equitably resolve injuries caused partially or
exclusively by the Consultant’s
policy violation or contractual breach;
In situations
deemed appropriate by iNetGlobal, the Company may institute legal
proceedings for monetary and/or equitable relief.
Mediation
Prior
to instituting arbitration, the parties shall meet in good faith and
attempt to resolve any dispute arising from or relating to the
Agreement through non-binding mediation. One individual who is
mutually acceptable to the parties shall be appointed as mediator.
The mediators fees and costs, as well as the costs of holding and
conducting the mediation, shall be divided equally between the
parties. Each party shall pay its portion of the anticipated shared
fees and costs at least 10 days in advance of the mediation. Each
party shall pay its own attorneys fees, costs, and individual
expenses associated with conducting and attending the mediation.
Mediation shall be held in the City of Minneapolis, Minnesota and
shall be held within 30 days from the date on which the Mediator is
selected, and shall last no more than two business days.
Arbitration
If
mediation is unsuccessful, any
controversy or claim arising out of or relating to the Agreement, or
the breach thereof, shall be settled by arbitration. The Parties
waive all rights to trial by jury or to any court.
The arbitration shall be filed with, and administered by, the
American Arbitration Association (“AAA”) or JAMS
Endispute (“JAMS”) under their respective rules and
procedures.
Notwithstanding
the rules of the AAA or JAMS, the Federal Rules of Evidence shall
apply in all cases. Likewise, in all cases the parties shall be
entitled to all discovery rights permitted by the Federal Rules of
Civil Procedure, and the Parties shall be entitled to bring motions
under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
All
arbitration proceedings shall be held in the City of Minneapolis,
Minnesota. There shall be one arbitrator selected from the panel
that the Alternate Dispute Resolution service provides. Each party to
the arbitration shall be responsible for its own costs and expenses
of arbitration, including legal and filing fees. The arbitration
shall occur within 180 days from the date on which the arbitration is
filed, and shall last no more than five business days. The parties
shall be allotted equal time to present their respective cases. The
decision of the arbitrator shall be final and binding on the parties
and may if necessary, be reduced to a judgment in any court of
competent jurisdiction. This agreement to arbitrate shall survive
the cancellation or termination of the Agreement.
The
parties and the arbitrator shall maintain the confidentiality of the
entire arbitration process and shall not disclose to any person not
directly involved in the arbitration process:
The substance of,
or basis for, the controversy, dispute, or claim;
The content of any
testimony or other evidence presented at an arbitration hearing or
obtained through discovery in arbitration;
The terms or amount
of any arbitration award;
The rulings of the
arbitrator on the procedural and/or substantive issues involved in
the case.
Notwithstanding
the foregoing, nothing in these Policies and Procedures shall prevent
either party from applying to and obtaining from any court having
jurisdiction a writ of attachment, a temporary injunction,
preliminary injunction, permanent injunction or other relief
available to safeguard and protect its intellectual property rights,
and/or to enforce its rights under the nonsolicitation provision of
the Agreement.
Governing Law,
Jurisdiction and Venue
Jurisdiction
and venue of any matter not subject to arbitration shall reside
exclusively in Hennepin County, State of Minnesota. The Federal
Arbitration Act shall govern all matters relating to arbitration. The
law of the State of Minnesota shall govern all other matters relating
to or arising from the Agreement. Notwithstanding the foregoing, and
the mediation and arbitration provisions in Sections 9.2 and 9.3,
residents of the State of Louisiana shall be entitled to bring an
action against iNetGlobal in their home forum and pursuant to
Louisiana law.
Inactivity,
Reclassification & Cancellation
Effect of
Cancellation
So
long as a Consultant remains active and complies with the terms of
the Consultant Agreement and these Policies and Procedures,
iNetGlobal shall pay commissions to such Consultant in accordance
with the Marketing and Compensation Plan.
A
Consultant’s bonuses and commissions constitute the entire
consideration for the Consultant's efforts in generating sales and
all activities related to generating sales (including building a
downline organization). Following a Consultant’s
non-renewal of his or her Consultant Agreement, cancellation for
inactivity, or voluntary or involuntary cancellation of his or her
Consultant Agreement (all of these methods are collectively referred
to as “cancellation”),
the former Consultant shall have no right, title, claim or interest
to the marketing organization which he or she operated, or any
commission or bonus from the sales generated by the organization. A
Consultant whose business is cancelled will lose all rights as a
Consultant. This includes the right to sell iNetGlobal products and
services and the right to receive future commissions, bonuses, or
other income resulting from the sales and other activities of the
Consultant’s
former downline sales organization. In the event of cancellation,
Consultants agree to waive all rights they may have, including but
not limited to property rights, to their former downline organization
and to any bonuses, commissions or other remuneration derived from
the sales and other activities of his or her former downline
organization.
Following
a Consultant’s
cancellation of his or her Consultant Agreement, the former
Consultant shall not hold himself or herself out as an iNetGlobal
Consultant and shall not have the right to sell iNetGlobal products
or services. A Consultant whose Consultant Agreement is canceled
shall receive commissions and bonuses only for the last full pay
period he or she was active prior to cancellation (less any amounts
withheld during an investigation preceding an involuntary
cancellation).
Cancellation
Due to Inactivity
If
a Consultant has not earned a commission or bonus for three (3)
consecutive months (and thus become “inactive”),
his or her Consultant Agreement shall be canceled for inactivity. An
iPayment shall not constitute a commission or bonus.
Reclassification
Following Cancellation Due to Inactivity
If
a Consultant does not earn a commission or bonus for three (3)
consecutive months, his or her Consultant Agreement will be cancelled
for inactivity. If he or she is a subscriber to any of the Company’s
products or services, the subscription(s) shall remain in force and
the Consultant shall be reclassified as a customer.
Involuntary
Cancellation
A
Consultant’s
violation of any of the terms of the Agreement, including any
amendments that may be made by iNetGlobal in its sole discretion, may
result in any of the sanctions listed in Section 9.1, including the
involuntary cancellation of his or her Consultant Agreement.
Cancellation shall be effective on the date on which written notice
is mailed, faxed, or delivered to an express courier, to the
Consultant’s
last known address (or fax number), or to his/her attorney, or when
the Consultant receives actual notice of cancellation, whichever
occurs first.
iNetGlobal reserves
the right to terminate all Consultant Agreements upon thirty (30)
days written notice in the event that it elects to: (1) cease
business operations; (2) dissolve as a corporate entity; or (3)
terminate distribution of its products via direct selling.
Voluntary
Cancellation
A
participant in this network marketing plan has a right to cancel at
any time, regardless of reason. Cancellation must be submitted
through the Consultant’s iNetGlobal back office. If a
Consultant is also a subscriber to any of the Company’s
products or services, the subscription(s) shall remain in force and
the Consultant shall be reclassified as a customer unless the
Consultant also specifically requests that his or her subscription(s)
also be canceled.
Non-renewal
A Consultant may
also voluntarily cancel his or her Consultant Agreement by failing to
renew the Agreement on its anniversary date. The Company may also
elect not to renew a Consultant's Agreement upon its anniversary
date.
Definitions
Active
Customer - A customer who purchases iNetGlobal products and whose
account has been paid for the current month.
Active
Consultant -
A Consultant who satisfies the minimum Personal Sales Volume
requirements, as set forth in the iNetGlobal Marketing and
Compensation Plan, to ensure that he or she is eligible to receive
bonuses and commissions.
Active
Rank -
The term “active
rank”
refers to the current rank of a Consultant, as determined by the
iNetGlobal Marketing and Compensation Plan, for any month. To be
considered “active”
relative
to a particular rank, a Consultant must meet the criteria set forth
in the iNetGlobal Marketing and Compensation Plan for his or her
respective rank. (See
the definition of “Rank”
below.)
Agreement
-
The contract between the Company and each Consultant includes the
Consultant Application and Agreement, the iNetGlobal Policies and
Procedures, the iNetGlobal Marketing and Compensation Plan, and the
Business Entity Form (where appropriate), all in their current form
and as amended by iNetGlobal in its sole discretion. These documents
are collectively referred to as the “Agreement.”
Cancel
-
The termination of a Consultant’s
business. Cancellation may be either voluntary, involuntary, through
non-renewal or inactivity.
Downline
Leg -
Each one of the individuals enrolled immediately underneath you and
their respective marketing organizations represents one “leg”
in your marketing organization.
Group
Sales Volume -
The commissionable value of iNetGlobal products or services sold by a
Consultant’s
Marketing Organization. (Sales Kits and sales aids have no Sales
Volume.)
IMC
Report -
An online real-time report generated by iNetGlobal that provides
critical data relating to the identities of Consultants, sales
information, and enrollment activity of each Consultant’s
Marketing Organization. This report contains confidential and trade
secret information which is proprietary to iNetGlobal.
Immediate
Household -
Heads of household and dependent family members residing in the same
house.
Level
The layers of downline Consultants in a particular Consultant’s
Marketing Organization. This term refers to the relationship of a
Consultant relative to a particular upline Consultant, determined by
the number of Consultants between them who are related by
sponsorship. For example, if A sponsors B, who sponsors C, who
sponsors D, who sponsors E, then E is on A’s
fourth level.
Marketing
Organization -
The Consultants sponsored below a particular Consultant.
Official
iNetGlobal Material -
Literature, audio or video tapes, CD’s,
Online Brochures, and other materials developed, printed, published
and distributed by iNetGlobal to Consultants.
Personal
Production -
Sales of iNetGlobal products or services to an end consumer for
personal use.
Personal
Sales Volume (PSV) -
The commissionable value of services and products sold in a calendar
month: (1) by the Company to a Consultant; and (2) by a Consultant’s
Retail Customers that purchase iNetGlobal’s products from the
Consultant’s iNetGlobal replicated website, or who are on the
Autoship Program.
Rank
-
The “title”
that a Consultant has achieved pursuant to the iNetGlobal Marketing
and Compensation Plan.
Recruit
-
For purposes of iNetGlobal’s
ConflictS of Interest Policy (Section 4.8), the term “Recruit”
means the actual or attempted sponsorship, solicitation, enrollment,
encouragement, or effort to influence in any other way, either
directly, indirectly, or through a third party, another iNetGlobal
Consultant or customer to enroll or participate in another multilevel
marketing, network marketing or direct sales opportunity.
Retail
Customer -
An individual or entity that purchases iNetGlobal products or
services, but who is not a Consultant.
Retail
Sales -
Sales to a Retail Customer. If a sale is made to a customer who
subsequently submits an iNetGlobal Consultant Agreement within 30
days from the date of the sale, or if an immediate household family
member of the customer submits an iNetGlobal Consultant Agreement
within 30 days of the sale, such sale shall not constitute a Retail
Sale. A Consultant’s
personal purchases from iNetGlobal do not constitute Retail Sales.
Roll-Up
-
The method by which a vacancy in a Marketing Organization left by a
Consultant whose Consultant Agreement has been canceled is filled.
Sponsor
-
A Consultant who enrolls another Consultant into the Company, and is
listed as the Sponsor on the Consultant Application and Agreement.
The act of enrolling others and training them to become Consultants
is called “sponsoring.”
Upline
-
This term refers to the Consultant or Consultants above a particular
Consultant in a sponsorship line up to the Company. Conversely
stated, it is the line of sponsors that links any particular
Consultant to the Company.
Sales
Kit -
The iNetGlobal Sales Kit (Virtual Consultant Kit) consists of a
replicated version of the iNetGlobal website, access to the
Consultant Back Office, 250 Advertising Credits, Training Materials,
and includes printable brochures and other business building tools.
Each new Consultant is required to subscribe to the Sales Kit and
renew the subscription in order to renew his or her Consultant
Agreement. The Sales Kit is made available to Consultants at the
Company’s cost.
iNetGlobal
Internet Marketing Services A
Division Of:
Inter-Mark
Corporation
5348 Vegas Dr Las
Vegas, NV
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