Master Terms and Conditions
GOOD LIFE USA, LLC
Policies, Procedures, Terms, Conditions and Rules
- 1. Introduction
- 2. Definitions
- 3. Code of Ethics
- 4. Becoming an IBO
- 5. Responsibilities and Obligations
- 6. Presentation of the Plan, Enrolling and Support
- 7. Bonuses and Commissions
- 8. Preservation of the Line of Enrollment/ Genealogy (LOE)
- 9. Business Support Materials
- 10. Marks and Copyrighted Works
- 11. Complying with the IBO Contract (Remedies for Breach)
- 12. Modification of the IBO Contract
- 13. Dispute Resolution Procedures
- 14. Limitations of Responsibility
- 15. Payment, Cancellation and Refund Policies
- 16. International Residents
- 17. Miscellaneous Provisions
- 18. Subscription
- 19. VIP Club Card Program
1.1. These Policies, Procedures, Terms, Conditions and Rules ("Policies") form an important part of the overall contract between GOODLIFE USA, LLC ("GOODLIFE USA", or "the Company") and the Independent Business Owner (the "IBO"). They also outline important aspect regarding the nature of the products, memberships, and overall culture of the Company. They have been carefully developed and have been implemented following notice to IBOs and review of their comments.
1.2. IBOs own and operate their own Independent Businesses ("IBOs"). GOODLIFE USA recognizes the value of the contributions that IBOs who have achieved business goals can make to the development of other IBOs who they enroll and support under these Policies & Procedures. As IBOs develop into established leaders, they play an increasingly important role in mentoring, teaching and training other IBOs about GOODLIFE USA business. Among other things, the Policies are designed to ensure that all IBOs have the support that they need to continue to develop their IBOs with GOODLIFE USA.
1.3. Under the IBO Contract, IBOs receive substantial benefits, including: the right to enroll others to become IBOs and sell products offered at www.goodlifeusa.com; the right to qualify for bonuses under GOODLIFE USA IBO Compensation Plan ("Plan"); use of GOODLIFE USA's intellectual property in accordance with the Policies & Procedures; and a variety of support for IBOs and their Customer-members. As part of its commitment to support the opportunity made available to IBOs, GOODLIFE USA invests substantial resources in goodwill, in the Line of Enrollment ("LOE") and in LOE Information to provide GOODLIFE USA and IBOs with a competitive advantage. All IBOs and GOODLIFE USA share a competitive business interest in maintaining and protecting these assets and interests. The Policies provide important safeguards for IBOs and GOODLIFE USA in this regard, as well as contractual rights and obligations.
1.4. GOODLIFE USA Contact: When the Policies require an IBO to contact GOODLIFE USA for notice, permission or approval, the IBO shall contact GOODLIFE USA Business Conduct and Policies Department by mail at 5801 North Congress Ave., Boca Raton, Florida, 33487 by email at email@example.com. For questions or concerns please call (800) 613-5583.
1.5. Contractual Relationship: GOODLIFE USA has a contract with each IBO that includes all of the terms in the IBO Registration Application form executed by the IBO, the renewal form(s) executed or authorized by the IBO, the Plan and the Policies in effect at the time the IBO executed the IBO Registration Application, and any Entity Agreement for Independent Business Owners (IBOs) ("Entity Agreement") or modifications to the Plan or Policies that become effective during the term of the contract (the "IBO Contract"). The current version of the Policies & Procedures can be found at www.goodlifeusa.com. As part of the IBO Contract, IBOs have an obligation to comply with the Policies.
1.6. Policies Incorporated into Agreement: These Policies, in their present form and as amended at the sole discretion of the Company, are incorporated into, and form an integral part of the Company's Agreement with its IBOs. Throughout these Policies, when the term "Agreement" is used, it collectively refers to the Company's IBO Application and Agreement, these Policies and Procedures, the Company's Terms and Conditions, the Company's general Compensation Plan, and the Company's Business Entity Registration Form (if applicable). These documents are incorporated by reference into the Company's IBO Agreement (all in their current form and as amended by the Company from time to time at its sole discretion). It is the responsibility of each IBO to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of the Agreement.
1.7. Choice of Law: Except to the extent that the Federal Arbitration Act applies to all applicable policies, the formation, construction, interpretation, and enforceability of the IBO Contract, and all claims arising from or relating to the IBO Contract, shall be governed by Florida law, without giving effect to any choice of law or conflicts of law principles or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. The place where the IBO Contract is made is Florida.
1.8. Severability: If an arbitrator or court of competent jurisdiction determines any portion of these policies is unenforceable in any respect, then it shall enforce the rest of the policies to the fullest extent permitted by law without affecting the enforceability of all remaining policies.
1.9. Waiver: The Company never gives up its rights to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of the Company to exercise any right or power under the Agreement or to insist upon strict compliance by an IBO with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of the Company's right to demand exact compliance with the Agreement. Waiver by the Company can be effectuated only in writing by an authorized officer of the respective Company. The Company's waiver of any particular breach by an IBO shall not affect or impair the Company's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other IBO. No delay or omission by the Company to exercise any right arising from a breach shall affect or impair the Company's rights as to that or any subsequent breach. The existence of any claim or cause of action of an IBO against the Company shall not constitute a defense to the Company's enforcement of any term or provision of the Agreement.
2.1. GOODLIFE USA IBO Compensation Plan (2x20 Social Network Compensation Plan or "Plan") means the business arrangement through which IBOs receive certain income or other compensation as described herein and within related official materials which are incorporated herein by reference.
2.2. Copyrighted Works means works protectable by copyrights that are owned by, created by or licensed to GOODLIFE USA.
2.3. Customer-Subscriber means anyone who is an end user of products or services offered through or by GOODLIFE USA. This may also include someone who is an IBO who has purchased a subscription and is acting in member capacity.
2.4. Independent Business (IBO) means a GOODLIFE USA independent business operated by an IBO(s) pursuant to the IBO Contract.
2.5. Independent Business Owner (IBO) means an individual(s) or entity operating an IBO pursuant to the IBO Contract.
2.6. Line of Enrollment/Genealogy (LOE) means the structural arrangement of IBOs established by the contractual relationship that each IBO has with GOODLIFE USA.
2.7. LOE Information includes all information that discloses or relates to all or part of the Line of Enrollment, including but not limited to IBO numbers and other IBO business identification data, IBO personal contact information, IBO business performance information, and all information generated or derived therefrom, in its past, present or future forms.
2.8. Marks mean the trademarks, service marks, trade dress and trade names adopted or used by GOODLIFE USA and/or otherwise the subject of pending or existing trademark rights owned by or licensed to GOODLIFE USA, regardless of whether the trademarks, service marks, trade dress or trade names are the subject of trademark applications or registrations.
2.9. Prospect means a prospective IBO.
2.10. Use means: (a) with reference to Marks, directly or indirectly placing, affixing or displaying one or more Marks on or in connection with goods or services, in a manner that tends to create the impression of an affiliation, connection, or association between GOODLIFE USA and the IBO or Approved Provider; and (b) with reference to Copyrighted Works, to reproduce, distribute and/or display copies of the Copyrighted Works, in whole or in part, including by means of digital audio transmissions, and to create any derivative works.
2.11. Dispute Resolution Board (DRB) means a selected board consisting of compliance officers, board members, and representatives of the corporation whose purpose will be to investigate and examine disputes pursuant to these policies.
2.12. Product means all memberships sold on GOODLIFE USA's portal granting reservation service licensing agreements, all benefits offered through the portal at all subscription levels, all tangible goods offered by and through GOODLIFE USA currently and on an ongoing basis including, but not limited to VIP Club cards.
2.13. IBO Kit means initial information and training kit provided to all new IBO's upon enrollment and payment of a non-refundable registration fee of $79.00. This kit will include but not be limited to items related to informational and marketing materials, instructional materials relating to product, educational materials relating to products, materials relating to the description, rules, limitations and financial disclosures related to the 2x20 Social Networking Compensation Plan, materials relating to the description, rules, limitations and financial disclosures related to the performance bonuses pursuant to the 2x20 Social Networking Compensation Plan or any other related plans, materials relating to the description, rules, limitations and financial disclosures related to the awards program pursuant to the 2x20 Social Networking Compensation Plan or any other related plans, materials relating to the description, rules, limitations and financial disclosures related to the VIP Club card program or any other related informational, educational and/or marketing materials available to assist the IBO as necessary. Fee also includes a specified amount of VIP Club cards to be used in conjunction with promotion of the IBO Back office management tools and a replicated website for the IBO. Renewal annual fee will be $39.50 each year thereafter.
2.14. "Approved Provider:" means any supplier authorized by GOODLIFE USA to provide BSM ("Business Support Materials") to IBOs or use BSM with Prospects.
2.15. IBO Team: means the creation of a new IBO wherein one member consists of an existing IBO (Manager/Trainer) and a new member/enrollee.
2.16. Managers/Trainer: means the direct up-line member who is responsible for initial and ongoing training, quality control and compliance of the newly created down-line member pursuant to the creation of a IBO Team.
GOODLIFE USA is a values-based Company that prides itself on the quality and character of its Independent Business Owner (hereinafter referred to as "IBO"). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every GOODLIFE IBO is expected to practice the following ethical behavior when acting in the name of the Company:
3.1. I will be courteous, respectful, honest and fair in all my dealings while acting as an IBO and I will perform my business activities in a manner that will enhance my reputation and the positive reputation of the Company.
3.2. I will not make discouraging or disparaging claims toward other GOODLIFE IBOs. I will ensure that in all GOODLIFE dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
3.3. I will not engage in any deceptive or illegal practice.
3.4. I will not make any claim for products, services or business positions of the Company except as contained in official literature of the Company.
3.5. I will accurately, truthfully, and in a non-deceptive / non-misleading way, represent all the bonus/compensation plans available through GOODLIFE and the income potential represented therein. I understand I may not use my own income as an indication of others' potential success, or use compensation checks as marketing materials. I understand that it is impossible to predict IBO incomes. The success of an IBO depends on many variables, such as amount of time and effort committed to his/her business and his/her organizational abilities. I further understand that I may only disclose my GOODLIFE income to recruit potential IBO(s) after I have given a copy of the Income Disclosure Statement to the potential IBO(s).
3.6. I understand and agree that I am solely responsible for all financial and/or legal obligations incurred by me in the course of my business as an IBO including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all legal purposes and for all federal and state employment and tax purposes.
4.1. Registration Application and Agreement: To become an authorized IBO capable of merchandising products and services offered through or by GOODLIFE USA and registering other IBOs, an applicant must be 18 years of age, complete and sign the IBO Registration Application and Agreement, and a one-time purchase of an IBO Subscription Kit/annual enrollment fee for $79.00 and an ongoing annual renewal fee of $39.50. An IBO Registration Application and Agreement may be completed and signed in one of the following ways: (a) the applicant may complete, sign and submit an electronic version of the IBO Registration Application and Agreement in accordance with the procedures on GOODLIFE USA website; or (b) the applicant may complete, sign and return a paper version of the IBO Registration Application and Agreement.
4.2. New IBO Registration by the Internet and Facsimile: A prospective IBO may self-enroll on the sponsor's website. In such event, instead of a physically signed IBO Agreement, GOODLIFE USA will accept the Agreement by accepting the "electronic signature" stating the new IBO has accepted the terms and conditions of the IBO Agreement. Please note that such electronic signature constitutes a legally binding agreement between the IBO and GOODLIFE USA. Faxed agreements must include both the front and back of the IBO Agreement.
4.3. No Product/Subscription Purchase Required: No person desiring to become an IBO is required to purchase a GOODLIFE USA Subscription. In order to familiarize new IBOs with the Company's products, services, sales techniques, sales aids, and other matters, the Company offers the opportunity for IBOs to purchase certain marketing materials as made available from the Company from time to time.
4.4. Acceptance or Rejection of IBO Registration Application and Agreement: GOODLIFE USA reserves the right to accept or reject any IBO Registration Application and Agreement. A registration shall be considered accepted by GOODLIFE USA when it receives a completed and signed IBO Registration Agreement in accordance with these policies, its contents are verified with GOODLIFE USA's IBO records database, and the registration does not violate any Policies. Pending receipt of a completed, signed IBO Registration Application and Agreement, GOODLIFE USA may temporarily authorize an IBO to conduct business subject to The Policies of Conduct for up to 90 days.
4.5. Legal Entities as IBOs: IBOs shall be formed initially by and in the name(s) of the individual applicant(s). After receiving an IBO number, an IBO who wishes to operate his/her IBO as a corporation, limited liability company (LLC), formal partnership, limited partnership, limited liability partnership (LLP) or trust must provide sufficient evidence of a valid, active corporate status (Articles of Incorporation, Certificate of Good Standing or any similar documentation from the state or territory of incorporation) within 15 days of enrollment. It shall be the responsibility of the IBO to provide said documentation in a timely fashion and failure to provide this shall entitle to GOODLIFE USA to terminate the IBO in its own discretion. Existing IBOs as of February, 2016 that are operating through a legal entity under an existing Entity Agreement approved by GOODLIFE USA may continue to operate under that agreement, but the IBO and entity must sign the currently applicable Entity Agreement upon request or in the event of a change in ownership or control in the entity.
4.6. Husband and Wife IBOs: If both husband and wife wish to become IBOs, they must register together as a single IBO. Husbands and wives may not enroll each other. If one spouse is already an IBO, the other spouse, upon electing to become an IBO, must join his or her spouse's IBO. An IBO will be held accountable for the actions of a spouse, whether or not the spouse is an IBO, so far as the Policies & Procedures are concerned.
4.7. Minors as Independent Business Owners: Persons who are at least 16 years of age ("minors") may become IBOs only for the single purpose of merchandising products and services offered through or by GOODLIFE USA. A minor who desires to become an IBO must: (a) obtain a parent's or guardian's signature on the IBO Registration Application and Agreement; (b) be enrolled by or added to his or her parent's or guardian's IBO if the parent or guardian of the minor is an IBO; and (c) must not be a signatory in any IBO other than a parent's or guardian's IBO.
4.8. Term: The term of the IBO Contract shall expire at the end of each calendar year, with the exception of initial registrations accepted by GOODLIFE USA between September 1 and December 31, in which case such initial term shall expire at the end of the subsequent calendar year.
4.9. Multiple applications. If one applicant submits multiple Applications, only the first completed form to be received by GOODLIFE will be accepted. GOODLIFE reserves the right to resolve such disputes. IBOs may have up to two accounts, one under themselves and another under a Business Entity. Any more than 2 accounts held by the same person will result in termination of the latter account at the discretion of GOODLIFE.
4.10. Annual Renewal: IBO Contract will automatically renew each year and will be subject to an annual renewal fee of $39.50 In order to avoid renewal fee an IBO must properly terminate its contract. GOODLIFE USA reserves the right to reject any renewal request, or revoke any IBO's renewal agreement, if the IBO is not in compliance with all provisions of the IBO Contract.
4.11. IBO Contract Termination: Termination of IBO Contract: Requests for cancellations and/or refunds must be sent to firstname.lastname@example.org , whereupon a communication shall be sent to your back office which you must acknowledge by submitting a reply. This must be done for us to properly verify your identity and the authenticity of the request. An IBO may terminate its written contract at any given time. To receive a full or partial refund the following guidelines must be met. Notice of cancellation for a full refund must be received by GOODLIFE within a minimum of 5 business days prior to the closing of a Quick Pay Bonus pay period. Quick Pay Bonus pay periods occur twice monthly on the 15th of any given month as well as at the last day of any given month. Requests submitted after the Quick Pay Bonus period, shall be granted on a pro-rated basis and shall be granted minus payment of any bonuses that have been paid out to the field including, but not limited to the enrollment fee. Upon proper notice IBO shall be entitled to refund for unused fees on a pro-rata basis.
4.12. Death and Inheritance: An IBO can be passed on to a deceased IBO's spouse, heirs, or other beneficiary. Upon the death of an IBO, the IBO account shall pass by will or interstate succession, as provided by law. GOODLIFE will require the successor in interest to sign and be bound by the then current IBO Agreement. The successor shall then be entitled to all the rights and subject to all the obligations, just as any other GOODLIFE IBO.
4.12.1. In cases where the IBO is owned jointly, such as a husband and wife or partnership, and one spouse or partner dies, unless they have previously arranged otherwise, GOODLIFE USA will recognize the surviving spouse or partner(s) as the owner(s) of the IBO. The survivor(s) must forward a certified copy of the death certificate in order for GOODLIFE USA to change its records.
4.12.2. In cases where the IBO is operated as an entity under these Policies, and one of the owners of the entity dies, the entity will continue to operate the IBO, provided the entity remains in compliance with these policies and the successor of the deceased owner is an IBO in full compliance with the Policies. The entity shall notify GOODLIFE USA of the change in ownership or control of the entity by submitting the currently applicable Entity Agreement reflecting the proposed changes, and any proposed changes in the ownership or control of the entity require the express approval of GOODLIFE USA in writing.
4.12.3. In cases where an IBO disposes of an IBO in a Will, GOODLIFE USA will recognize the terms of the transfer, provided the beneficiary is an IBO who is in compliance with the Policies.
4.12.4. If there is no qualified IBO in a position to operate an IBO due to probate or other court procedures, GOODLIFE USA will have the option of entering into a servicing agreement with another IBO, preferably up-line in the LOS, to manage the IBO until the proceedings are complete.
4.13. IBO Benefits: Once the above requirements have been met, the benefits of the Compensation Plan and the Agreement are available to the new IBO. These benefits include the right to:
(a) Sell the Company's products and services;
(b) Participate in the Company's Compensation Plan (receive bonuses and commissions, if eligible);
(c) Register other individuals as IBOs, thereby building a Marketing Organization;
(d) Receive periodic literature and other communications from the Company;
(e) Participate in the Company-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 the Company for its IBOs.
4.14 Business Entities: A corporation, limited liability Company (LLC), partnership or trust (collectively referred to in this section as a "Business Entity") may apply to be a Company IBO by submitting its Certificate of Incorporation, Certificate of Organization, Partnership Agreement, trust documents, FEIN, or other organizational documents requested by the Company (these documents are collectively referred to as the "Entity Documents") to the Company, along with a properly completed Business Entity Registration Form. When an IBO registers, the Entity Documents, Business Entity Registration Form and a signed W-9 must be submitted to the Company within thirty (30) days of the online registration. (If not received within the thirty (30) day period, the IBO Agreement shall automatically terminate.) The Business Entity Registration Form must be signed by all of the shareholders, members, partners or trustees of the Business Entity (each a "Subscriber"). Subscribers of the entity are jointly and severally liable for any indebtedness or other obligation to the Company.
To prevent the circumvention of any portion of Section 4, 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 IBO Application and Agreement. If the original IBO wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with these policies below. If this process is not followed, the business shall be canceled upon the withdrawal of the original IBO. All bonus and commission checks will be sent to the address of record on the original IBO. Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship. It shall be the responsibility of the IBO to provide all required documentation and failure to provide this shall entitle to GOODLIFE USA to terminate the IBO in its own discretion The Company may, at its discretion, require notarized documents before implementing any changes to an IBO business. Please allow thirty (30) days after the receipt of the request by the Company for processing.
4.15. Fictitious and assumed names prohibited. A person or entity may not apply as an IBO using a fictitious or assumed name.
4.16. Voluntary Cancellation: A participant in this marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be made by calling (800) 613-5583 (Customer-member Support) or by emailing email@example.com to make the request.
E-Mail Communications - Unsolicited E-Mail: The Company may periodically send commercial emails to IBOs (e.g. weekly email newsletters or emails with information that applies to the conducting of business). By entering into the AGREEMENT, IBO agrees to receive such emails, and may opt out or un-subscribe at any time by using the un-subscribe link or contact information included in every email. The Company does not permit IBOs to send unsolicited commercial e-mails unless such e-mails strictly comply with applicable laws and regulations including, without limitation, the Federal CAN SPAM Act. Any e-mail sent by an IBO that promotes the Company, the Company's opportunity, or the Company's products and services must comply with the following:
(a) There must be a functioning return e-mail address to the sender.
(b) There must be a notice in the e-mail advising the recipient that he or she may reply to the e-mail, via the functioning return e-mail address, to request that future e-mail solicitations or correspondence not be sent to him or her (a functioning "opt-out" notice).
(c) The e-mail must include the IBO's physical mailing address, (i.e. not a P.O. Box) and may not represent that the e-mail is originating from the Company or that the e-mail is signed by any employee or officer of the Company.
(d) The e-mail must clearly and conspicuously disclose that the message is a commercial 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 e-mail or regular mail, must be honored.
(g) IBOs shall not make offers or solicitations in the guise of research, surveys or informal communication, when the real intent is to sell products or services or register other IBOs or sell licenses.
(h) IBOs shall provide individual consumers/members/customer-members ("consumer") the option to terminate any further communication between the IBO and the consumer and if any consumer requests an IBO cease communication, the IBO shall immediately stop communicating upon such request.
(i) IBOs must abide by all laws and regulations regarding electronic communications.
(j) IBOs may not distribute content by use of distribution lists or to any person who has not given specific permission to be included in such a process; spamming or distribution of chain letters or junk mail is not permitted.
(k) IBOs may not distribute content that (i) is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, (ii) could give rise to civil liability, (iii) violates any applicable local, state, federal or international law or regulation or (iv) describes the Company or and of its products and services in an inaccurate manner.
(l) IBOs may not, directly or indirectly, buy e-mail lists or send unsolicited e-mails to persons with whom he or she or their Associates have no prior or existing personal or business relationship (described more fully herein below). The Company may periodically send commercial e-mails on behalf of IBOs. By entering into the IBO Agreement, IBO agrees that the Company may send such e-mails and the IBO's physical and e-mail addresses will be included in such e-mails as outlined above. IBOs shall honor opt-out requests generated as a result of such e-mails sent by the Company.
5.1. Duty of Good Faith: Under the terms of the IBO Contract, GOODLIFE USA and all IBOs agree to perform their obligations in accordance with the duty of good faith and fair dealing. An IBO will be held accountable for the actions of a partner, family member or third party acting or purporting to act on behalf of the IBO or IBO, so far as the Policies are concerned. An IBO shall not aid and abet another IBO to violate the Policies. IBOs shall not conduct any activity that could jeopardize the reputation of GOODLIFE USA or other IBOs.
5.2. Advertising - General: All IBOs shall safeguard and promote the good reputation of the Company and its products and services. The marketing and promotion of the Company, the Company's opportunity, the Compensation Plan, and the Company's products and services, must be done by using official literature and sales aids produced by the Company which can be found in the Back Office. The rationale behind this requirement is simple: The Company has carefully designed its services, products, product labels, Compensation Plan, and promotional materials to ensure each aspect of the Company is fair, truthful, substantiated, and complies with the vast and complex legal requirements of federal and state laws. If the Company's IBOs were allowed to develop their own sales aids and promotional materials, notwithstanding their integrity and good intentions, there is likelihood they would unintentionally violate any number of statutes or regulations affecting the Company's business.
Accordingly, IBOs must not produce their own literature, advertisements, sales aids, promotional materials, or Internet web pages. (without express consent of GOODLIFE USA and failure of IBO to obtain consent shall be grounds for termination of IBO status). GOODLIFE USA takes no responsibility and expressly disclaims any liability for its content, the IBO shall be solely liable and responsible for all such communications. Company will limit purchases of any sales tools or aids to comply with the exemption requirements set forth in any state law regulating business opportunities, including Connecticut, Louisiana, Maine, Maryland, North Carolina, South Carolina, South Dakota, Utah and Washington. The Company does not permit IBOs to create side-businesses selling sales aids, business cards, Internet website or similar materials to other GOODLIFE USA Subscriptions or IBOs of the Company.
Additionally, the Company does not take responsibility for any products or services purchased from or provided by a third-party vendor. Should you have materials you would like the Company to review please submit a sample via email to firstname.lastname@example.org. Furthermore, the initiation, participation in or recommendation of any prize offering, guarantee, drawing, raffle, advertising pool or co-op in furtherance of IBO's own or another person's IBO business, except as otherwise set forth herein is strictly prohibited. Additionally, you are prohibited from making direct, indirect or implied medical or other claims regarding the prevention, treatment, cure or mitigation of any disease from the use of Company products. You may not:
1) Make any Representation (oral, written or otherwise) about Company products which violate the provisions of this section of these Policies.
2) Discuss or make warranties, Representations or statements concerning Company products in a manner that violates the provisions of these Policies.
3) Use or distribute, for the purpose of marketing products or in promotion of the Compensation Plan, materials which violate the provisions of these Policies.
4) Re-label or in any manner alter the label of any Company product. Additionally, when applicable you must not repackage or refill Company products and must sell Company products in their original, unopened containers.
5) Use third-party individuals, business entities and/ or organizations in any deceptive or misleading manner in connection with the promotion of GOODLIFE USA products.
5.3. Internet Web Sites and E-Mail Communications: No IBO may independently design or have designed a website using the names, logos, or product descriptions of the Company or otherwise promote (directly or indirectly) the Company's products or the Company's opportunity. AN IBO may not use "blind" or "Help Wanted" ads (indicating a "job" or an "employment position") on the Internet whether or not they make product or income claims which are ultimately associated with the Company's products, the Company's opportunity, or the Company's Compensation Plan. The use of any other Internet website or web page (including without limitation auction sites such as eBay, MySpace, Facebook or Craigslist) to promote the sale of the Company's products or services, the Company's opportunity, or the Compensation Plan is a breach of the Agreement and may result in any of the disciplinary sanctions set forth in these policies.
5.4. Cross-Group Buying or Selling: No IBO shall engage in cross-group buying or selling. Cross-group buying and selling occurs when an IBO sells products and services offered through or by GOODLIFE USA to another IBO he or she did not personally enroll, except:
(a) as may be permitted under a servicing agreement pursuant to these policies or
(b) when an IBO purchases from or through his or her up-line and services offered through or by GOODLIFE USA.
5.5. Unsolicited Electronic Messages: No IBO shall send, transmit, or otherwise communicate any unsolicited electronic messages relating to GOODLIFE USA, its business opportunity, products or services to persons with whom the IBO does not have a pre-existing personal or business relationship. (This includes, but is not limited to, sending messages through newsgroups, purchased mailing lists, "safe lists," or other lists of individuals or entities with whom or which the IBO does not have a preexisting relationship.)
5.6. Unsolicited Faxes: Except as provided in this section, IBOs may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their IBO business. The term "automatic telephone dialing system" means equipment 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.
The term "unsolicited faxes" means the transmission via telephone or computer facsimile of any material or information advertising or promoting the Company, its products, the Compensation Plan or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax:
(a) to any person with that person's prior express invitation or permission; or
(b) to any person with whom the IBO 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 an IBO and a person, on the basis of:
(a) an inquiry, application, purchase or transaction by the person regarding products offered by such IBO; or
(b) a personal or familial relationship, which relationship has not been previously terminated by either party.
5.7. Telemarketing Techniques: The Federal Trade Commission and the Federal Communications Commission each have laws restricting telemarketing practices. Both federal agencies (as well as a number of states) have "do not call" regulations as part of their telemarketing laws. Although the Company does not consider IBOs to be "telemarketers" in the traditional sense of the word, these government regulations broadly define the term "telemarketer" and "telemarketing" so that an inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause an IBO to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation). Therefore, IBOs must not engage in telemarketing in the operation of their Company business. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of the Company's products or services, or to register them for the Company's opportunity. "Cold calls" made to prospective customer-members or IBOs that promote either the Company's products or services or the Company's opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer-member (a "prospect") is permissible under the following situations:
a) If the IBO has an established business relationship with the prospect. An "established business relationship" is a relationship between an IBO and a prospect based on the prospect's purchase, rental, or lease of goods or services from the IBO, or a financial transaction between the prospect and the IBO, 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 to the IBO regarding a product or service offered by the Company, within the three (3) months immediately preceding the date of such a call.
c) If the IBO receives written and signed permission from the prospect authorizing the IBO to call. The authorization must specify the telephone number(s) which the IBO is authorized to call.
d) An IBO may call family members, personal friends, and acquaintances. An "acquaintance" is someone with whom an IBO has at least a recent first-hand relationship within the preceding three (3) months. However, if an IBO makes a habit of "card collecting" with everyone the IBO meets and subsequently calling them, the Federal Trade Commission may consider this a form of telemarketing that is not subject to this exemption.
5.8. Blogs, Chat Rooms, Social Networks, Online Auctions, and Other Online Forums: You may use social networking websites (Facebook, Twitter, LinkedIn, blogs, forums and other social shared interest sites) to share information about GOODLIFE USA product, mission and business opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific GOODLIFE USA services.
Profiles you generate in any social community where you mention or discuss GOODLIFE USA must clearly identify you as a GOODLIFE USA IBO and must appear as described herein. The Company name may only be used when followed by Independent Business Owner (for example: James Johnson, GOODLIFE USA Independent Business Owner). When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, application or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at the Company's sole discretion, and offending IBOs will be subject to disciplinary action and/or termination.
IBOs may link to their replicated website within a post. IBOs must not post copyright photos without expressed consent from the owner. You may post, "pin" or repost photographs or videos provided through GOODLIFE USA social media sites so long as the photo or video is not edited in any way. Descriptions of the photo or video must be in accordance with this Agreement. False, deceptive or misleading posts of any form are prohibited.
You agree that you will immediately take down a non-compliant site at the request of the Company. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
You are allowed external websites to promote your GOODLIFE USA business. If you wish to use an external website you must do the following:
a) Identify yourself as an Independent Business Owner for GOODLIFE USA.
b) Use only the approved images and wording authorized by GOODLIFE USA.
c) Adhere to the branding, trademark, and image usage policies described in this Agreement.
d) Agree to modify your website to comply with current or future GOODLIFE USA policies.
You are solely responsible and liable for your own website content messaging, claims, and information and must ensure your website appropriately represents and enhances GOODLIFE USA brand and adheres to all GOODLIFE USA guidelines and policies. Additionally, your website must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at the sole discretion of the Company. You are encouraged to use approved GOODLIFE USA images.
The Federal Trade Commission (FTC) provides the following guidelines to endorsements and testimonials: "Endorsements must reflect the honest opinions, findings, beliefs, or experience of the endorser. Furthermore, an endorsement may not convey any express or implied representation that would be deceptive if made directly by the advertiser." Although Business Owners may not consider their individual stories or testimonials to be endorsements, the new FTC Guidelines would suggest otherwise. Under the new guidelines, an endorsement is defined as any advertising message (including verbal statements, demonstrations, or depictions of the name, signature, likeness or other identifying personal characteristics of an individual or the name or seal of an organization) that would imply it is the opinion, experience, belief or finding of a party other than the sponsoring advertiser. All Business Owners should read and become familiar with the FTC regulations, including these new guidelines, which can be found on www.ftc.gov (FTC 16 CFR Part 255)
5.9. Domain Names and E-Mail Addresses: IBOs may not use or attempt to register any of the Company's or third party's trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof, for any Internet domain name. Nor may IBOs incorporate or attempt to incorporate any of the Company's or third party's trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof, into any electronic mail address.
5.10. Statements About Products, Services, and the Opportunity: An IBO shall make only truthful and accurate statements about the business opportunity, products and services offered through or by GOODLIFE USA. IBOs shall not make any claims about products or services offered through or by GOODLIFE USA other than those claims found in GOODLIFE USA authorized literature and at http://www.goodlifeusa.com/.
5.11. Non-Disparagement: The Company wants to provide IBOs with the best products, compensation plan, and service in the industry. Accordingly, the Company values your constructive criticisms and comments. All such comments should be submitted in writing to the Customer-member Support Department by email to email@example.com. To best serve you, the Company must hear from you. While the Company welcomes constructive input, negative comments and remarks made in the field by IBOs about the Company, its products, or Compensation Plan serve no purpose other than to dampen the enthusiasm of the Company's IBOs. For this reason, and to set the proper example for their Marketing Organization, IBOs must not disparage, demean, or make negative remarks about the Company, other Company's IBOs, the Company's products, the Compensation Plan, or the Company's directors, officers, or employees. Any such remarks can result in Disciplinary Sanctions.
5.12. Advertised Price: You may not advertise any of GOODLIFE USA services at a price LESS than the highest Company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free subscription or other such offers that grant advantages beyond those available through the Company.
5.13. Recordings: IBOs may not copy, produce or reproduce for sale or distribution or create derivative works of products sold by the Company or any of the Company's produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of meetings and conferences of the Company is strictly prohibited.
5.14. Media and Media Use and Inquiries: IBOs must not respond to media inquiries regarding the Company, its products or services, or their independent business. All inquiries by any type of media must be immediately referred to the Company's Public Relations Department (by emailing firstname.lastname@example.org), without comment by the IBO. These policies are designed to ensure accurate and consistent information is provided to the public as well as a proper public image. IBOs must not utilize radio or television media for the advertising, distribution or promotion of the Company's products or opportunity without the express written consent of the Company. In the event the Company does grant permission for the use of such media, the Company must have final authority on every stage of the production process with full rights to all recordings. To obtain permission for this type of advertising contact the Compliance Department by emailing email@example.com.
5.15. Repackaging: Products offered through or by GOODLIFE USA are to be sold only in their original packages and in their original formulations. IBOs may not repackage products or otherwise change or alter any of the packaging, labels or materials of products offered through or by GOODLIFE USA.
5.16. Written Sales Receipt: An IBO who takes and/or delivers an order in person for over $25 shall deliver to the customer-member at the time of sale a written and dated order or receipt which shall:
(a) describe the product(s) sold;
(b) state the price charged;
(c) give the name, address, and telephone number of the selling IBO; and
(d) include GOODLIFE USA's Satisfaction Guarantee.
5.17. Satisfaction Guarantee: When a customer-member requests Satisfaction Guarantee service within the stated guarantee period for a product purchased directly from an IBO, the IBO shall immediately offer the individual his or her choice of:
(a) a full refund;
(b) an exchange for a like product; or
(c) full credit toward the purchase of another product.
If a product is shipped directly to the Customer-member by GOODLIFE USA, the Customer-member should follow the return instructions on the packing slip. In the case of IBO purchases, only those that the IBO makes for personal, family or household use may be returned under the Satisfaction Guarantee. Whenever an IBO requests Satisfaction Guarantee service within the stated guarantee period, an IBO has the choice of a:
(a) full refund;
(b) exchange for the same or like product; or
(c) full credit toward the purchase of another product. The current Satisfaction Guarantee can be found at www.goodlifeusa.com.
5.18. Buy-Back Policy: IBOs leaving GOODLIFE USA business have a right to return GOODLIFE USA products including termination of subscription. A departing IBO may choose to sell inventory of currently marketable GOODLIFE USA products to an up-line IBO at a mutually agreeable price (excluding VIP cards). If a departing IBO is unable to secure the buy-back of inventory through an up-line IBO, GOODLIFE USA will repurchase the departing IBO's unused currently marketable GOODLIFE USA products subject to the following:
(a) GOODLIFE USA will make all appropriate Performance Bonus differential and Leadership Bonus charge backs to those IBOs who originally received them; and
(b) GOODLIFE USA will charge freight costs incurred by the IBO leaving GOODLIFE USA business if the net reimbursement includes same, and a service charge equal to 10% of the IBO cost of the products being returned to cover handling and processing charges.
5.19. Cancellation Guarantee: AN IBO who makes a marketing material purchase of $25.00 or more has five business days (5) after the purchase to cancel the order and receive a full refund. An IBO who purchases Services may cancel within 5 business days for full refund less shipping. Must have valid RMA number which may be obtained via email at firstname.lastname@example.org or by telephone at 800-613-5583.
5.20. Other Returns: An IBO who is not leaving GOODLIFE USA business may ask GOODLIFE USA to buy back GOODLIFE USA products if IBO is experiencing financial hardship or other exceptional circumstances as explained by the IBO. Return requests are reviewed on a case-by-case basis. GOODLIFE USA reserves the right to repurchase only unused currently marketable GOODLIFE USA products subject to Policy 4.5.
5.21. Returns for Residents of Certain States and Puerto Rico: The following only applies to IBOs who are residents of Puerto Rico, Georgia, Louisiana, Maryland, Massachusetts, Wyoming and any other state that may require the following:
a) A IBO has a right to cancel at any time, regardless of reason. Cancellation can be submitted in writing to the Company at its principal business address, email@example.com, or by calling our Customer-member Support Department (800) 613-5583.
b) If an IBO has purchased products from the Company or paid for administrative services during the term of the Agreement, the Company shall repurchase all unencumbered literature and sales aids which are in reasonably resalable or reusable condition. Such repurchase shall be at a price not less than 90% of the original net cost to the IBO returning the items. "Original net cost" shall mean the amount paid for the items less any consideration received by the IBO for sales of the items being returned made by or through the IBO. Items are deemed "resalable or reusable" if they are returned in unused, commercially resalable condition; items no longer marketed must be returned within one year of discontinuance unless the Company informs the IBO of such discontinuance prior to purchase.
c) The repayment of all administrative fees and cost of services shall be at not less than 90% of the cost to the IBO of such fees and services and shall reflect all administrative services that have not, at the time of termination been provided to the IBO. The Company shall further refund at not less than 90% of the cost to the IBO any other consideration paid by the IBO to the Company in order to participate in the program. The IBO shall be held responsible for all shipping expenses incurred in returning sales aids or products to the Company.
5.22.Returns for Montana Residents: A Montana resident may cancel his or her IBO Agreement within fifteen (15) days from the date of registration, and may return his or her products for a full refund within such time period.
5.23. Returns for Residents of Other States: Upon cancellation of an IBO's Agreement, the IBO may return that IBO's sales aids held in IBO's inventory for a refund. IBOs may only return marketing material and sales aids that the IBO personally purchased from the Company (purchases from other IBOs or third parties are not subject to refund) and which are in resalable condition and which have been purchased within one year prior to the date of cancellation. Upon receipt of the materials and sales aids, the IBO will be reimbursed 90% of the net cost of the original purchase price(s). Shipping charges incurred by an IBO when the sales aids were purchased will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If an IBO was paid a bonus or commission based on a product that IBO purchased, and such product is subsequently returned for a refund, the commission that was paid to the IBO based on that product purchase will be deducted from the amount of the refund.
5.24. There are no inventory requirements, product purchase or volume requirements of any kind for any IBO of GOODLIFE USA.
5.25. Compliance with Applicable Laws, Regulations, and Codes: Each IBO shall comply with all laws, regulations, and codes that apply to the operation of IBO's IBO wherever that business may be conducted. IBOs shall not directly or indirectly encourage, or aid and abet any person to violate any laws, regulations, codes, or any provision of the IBO Contract. No IBO may operate any illegal or unlawful business enterprise, or engage or participate in any deceptive, illegal or unlawful trade practices.
5.26. IBO Relationship: IBOs are independent contractors. IBOs shall not state or imply that they are employees, agents or legal representatives of GOODLIFE USA, its affiliates, and/or other IBOs. IBOs shall not represent or imply, either directly or indirectly, that registration creates an employment relationship between themselves and the IBOs whom they have enrolled or who have enrolled them.
5.27. Franchises and Territories: IBOs shall not represent to anyone that there are franchises or exclusive territories available under the Plan.
5.28. Enticement to Change Position in the Line of Enrollment: Under no circumstances shall an IBO, directly or indirectly, solicit, assist, attempt to induce, or encourage, another IBO to request a change in position in the Line of Enrollment.
5.29. Exporting and Importing: IBOs shall not export or import products or services offered through or by GOODLIFE USA, or knowingly sell to others who import or export such products or services, to or from the United States or its possessions or territories or any other country, regardless of whether or not GOODLIFE USA or its affiliates have established operations or are doing business in that country.
5.30. Activity Outside the Region or Activity Outside the Market Where the IBO Is Registered: IBOs who engage, directly or indirectly, in any activity related to GOODLIFE USA business in a jurisdiction outside of the Region must do so in a manner that complies with the letter and spirit of the applicable laws, regulations, principles, policies and procedures of GOODLIFE USA affiliate in that jurisdiction, regardless of whether they are registered IBOs in that jurisdiction. Failure to do so shall be a breach of the IBO Contract.
5.31.No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any IBO imply or state that he or she does have an exclusive territory. There are no geographical limitations (within the U.S. and its possessions) on IBO enrolling.
5.32. Sound Business Practices; Right of Offset: IBOs shall operate their IBO in a financially responsible and solvent manner. GOODLIFE USA reserves the right to offset bonus payments for amounts an IBO owes to GOODLIFE USA. If an IBO or any member partner in his or her IBO files a petition for bankruptcy or has bankruptcy proceedings commenced against him or her, or has any assets seized by court order or taken in execution of an unsatisfied judgment debt, the IBO must immediately inform GOODLIFE USA.
5.33. Fund-raising: An IBO wishing to use GOODLIFE USA products for fundraising purposes may not enroll the group, organization or charity/cause directly in the genealogy or have payment be made directly to the entity in order to prevent personal profit by individuals affiliated with the entity in such a way that may constitute conflict of interest. Any revenues generated for the purpose of fundraising will be paid as income to the IBO to then be donated to their group, organization or cause. An IBO may be set up as a dedicated IBO for the purposes of designating any commission or income associated with that position for the particular group, organization or cause. In the event that an IBO uses GOODLIFE USA products or services in conjunction with any type of fund-raising activity GOODLIFE USA shall bear no legal responsibility, liability, tax effect whatsoever and shall not indemnify or protect an IBO in any way for their usage said product or service. GOODLIFE USA advises that you should seek advice from appropriate tax and legal professionals if you have any further concerns. Fund-raising includes the solicitation for the donation of funds or for the purchase of GOODLIFE USA products or services based on the representation that all, or some, of the gains, proceeds, donations, bonuses, or profits generated by such sale will benefit a particular group, organization, or cause.
5.34. IBO Plan Manipulation: IBOs shall not manipulate the Plan in any way which results in the payment of bonuses or other awards and recognition that have not been earned in accordance with the terms of the IBO Contract.
5.35. Personal/Business Information Update: All IBOs are responsible for communicating any updates or changes to their personal information (e.g., name, address, email address and telephone numbers, etc.) or business information (e.g., business name, address, email address, telephone numbers, addition/deletion of partner, change of business status, etc.) to GOODLIFE USA.
5.36. Reporting Policy Violations: IBOs observing or otherwise becoming aware of a Policy violation by another IBO should submit a written Report of the violation directly to the attention of the Company's Compliance Department at the Corporate Office address. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the Report. Alternatively, these Reports may be emailed into the Compliance Department by submitting a statement documenting the names and facts involved to firstname.lastname@example.org.
5.37. IBO Team Training Requirements - Manager/Trainer: Manager/Trainer shall be directly responsible for initial bona fide assistance and training function as well as ongoing training, quality control and compliance of the newly created down-line member pursuant to the creation of a IBO Team.
5.38. IBO Team Training Requirements - New Subscribers: Newly created down-line member shall fully comply with all IBO policies and shall have a duty to fully comply initially with bona fide assistance and training functions as well as on an ongoing basis with all training requirements, quality control measures and compliance requests from Manager/Trainers.
5.39. Training Requirements as Prerequisite to Bonus Level Qualifications: Performance bonuses, and award programs shall be contingent on IBO's full compliance with all policies and to stay current with all continuing education requirements. Specifically, qualification for award programs, including: Fire Opal, Tiger Eye, Sapphire, Ruby, Emerald, Diamond, Double Diamond levels require full and up to date compliance for qualification.
5.40. Continuing Development Obligations/Ongoing Training: IBOs must have ongoing contact and communication with the IBOs in their Marketing Organizations. Examples of such contact and communication may include, but are not limited to; newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline IBOs to the Company's meetings, training sessions, and other functions. Up-line IBOs are also responsible to motivate and train new IBOs in the Company's product and service knowledge, effective sales techniques, the Company's Compensation Plan, and compliance with the Company's Agreement. Communication with and the training of downline IBOs must not, however, violate sections regarding the development of IBO-produced sales aids and promotional materials and other related sections. IBOs must monitor the IBOs and Brokers in their Marketing Organizations to ensure that downline IBOs and Brokers do not make wrongful claims, or engage in any illegal or inappropriate conduct. Upon request, every IBO should be able to provide documented evidence to the Company of IBO's ongoing fulfillment of the responsibilities of a Sponsor.
5.41. Increased Training Responsibilities: As IBOs progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Company program. They will be called upon to share this knowledge with lesser experienced IBOs within their organization.
5.42. Ongoing Sales Responsibilities: Regardless of their level of achievement, IBOs have an ongoing obligation to continue to personally promote product sales.
5.43. IBO Obligation to Maintain Current Payment Status IBO's must maintain current payment status for all dues (both monthly subscription dues when applicable and annual IBO dues) at all times in order to qualify for quick pay bonuses, achievement awards and leadership rewards, and the legacy tree.*
IBO's who fail to stay current with monthly subscription dues shall not be entitled to receive achievement awards, leadership rewards and quick pay bonuses until such time as they become current. IBO's who fail to stay current with annual renewal fees shall be considered inactive until such time as they become current or until such time as their position is removed (See Terms and Conditions regarding compression).
IBO's that are also customer-member/members who are not current shall be placed in "Starter IBO only" status until such time that they become current with all outstanding dues. "Starter IBO only" status does not avail IBO to receive quick pay bonuses. "Starter IBO only" status only entitles IBO to: $100 VIP card commission, CV earned on VIP card, retail bonuses and any CV earned through "customer-member/members only" qualification only.
IBOs will have a period of sixty (60) days to become current with all outstanding dues (including annual IBO fee of $39.50) without facing forfeiture of any pending quick pay bonuses, achievement awards and leadership rewards or related monies. After this period IBO agrees to allow GL to apply said monies toward payment of outstanding balances. IBO also agrees and consents to forfeit any outstanding monies should they fail to become current after this stated period of time.
IBO hereby agrees and consents to allowing GL to apply any outstanding monies due and owing toward customer-member/members and (or)IBO dues when they are in default. GL is under no obligation to inform IBO in advance that they intend to apply monies toward dues that are in default.
*Qualification for achievement awards, leadership rewards and legacy tree requires that IBO is actively enrolled as a gold or platinum member and has subsequently enrolled a minimum of 2 active gold or platinum IBO's. Active IBO may also qualify for achievement awards and leadership rewards by alternatively enrolling 20 total silver, gold or platinum members. An active IBO may qualify to enter legacy tree through "member only" enrollment of 60 total silver, gold or platinum members. This eligIBOility is available to any IBO regardless of their individual customer-member/subscription status.
5.44. Payment of Commissions (C.V.). Commissions will be scheduled for processing on or before the 10th of the month following the production. Minimum amount for payment of Commission and Override checks: $12.00. Check processing fees: $1.50 for paper checks, $.50 for ACH deposits. Company will accrue commissions until such time as the amount is a minimum of $12.00. Any commissions paid on cancelled or refunded orders are subject to adjustments to any accounts that received compensation from those orders.
5.45. Payment of bonuses (Retail, Quick Pay and VIP) Commissions will be scheduled for processing on or before the 10th of the month following the production and on or before the 25th of the month following the production. Minimum amount for payment of bonuses and Override checks: $12.00. Check processing fees: $1.50 for paper checks, $.50 for ACH deposits. Company will accrue commissions until such time as the amount is a minimum of $12.00. Any bonuses paid on cancelled or refunded orders are subject to adjustments to any accounts that received compensation from those orders.
5.46. IBO Cancellations/Forfeiture of Position and Entitlement to Monies - Should an IBO cancel their position and status as an IBO they forfeit their position as well as any entitlement to monies generated or that inure in any way following the moment of cancellation or forfeiture. All such monies will be rescinded and will remain the property of the company. With regard to VIP Club Card bonuses all second tier and C.V. bonuses shall be paid out according to the terms of the program resource material.
5.47. Valid S.S.N. or E.I.N. - All IBO's must provide either a valid Social Security Number (S.S.N.) or Employer Identification Number (E.I.N.) to receive payments of over $600.00 (Six Hundred Dollars) for any given year. GOODLIFE USA requires this information for purposes of reporting to the I.R.S. as relates to an IBO's status as an Independent contractor. GOODLIFE USA will not issue payments until such time as this information is provided in writing to them. Failure to provide this information within a reasonable period of time shall result in forfeiture of such monies which will be rescinded and will remain the property of the company.
5.48. Movement Within Genealogy Upon Placement - Once placed into a particular genealogy an IBO may only be moved if: there is agreement in writing by all IBO's in that given up-line or, upon formal application for review by the DRB. Otherwise, any IBO who wishes to move out of a given genealogy must withdraw that position, cancelling their IBO spot and then enroll again.
5.49. Obligation to Provide Current and Accurate Information - It is the IBO/ member-Customer's responsibility to ensure that all account information is accurate at all times. Failure to do so may result in any or all of the following to occur:
(a) delayed payments;
(b) additional fees or charges being incurred;
(c) bank service charges being incurred;
(d) suspension of benefits;
(e) suspension of benefits and/or payouts;
(f) termination from the company.
5.50. IBO's may not improperly solicit any third-party travel or hospitality chains or vendors. This shall include: hotels chains, cruise lines, resorts and the like and this prohibition shall include brands associated with hotels and shall be contemplated to extend to involvement with Goodlife in any way whatsoever. Violation of this policy may result in immediate termination from the company.
5.51. Liability. To the extent permitted by law, GOODLIFE shall not be liable for and an IBO releases GOODLIFE from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by a IBO as a result of
(a) the breach by IBO of this Agreement,
(b) the operation of an IBO's business,
(c) any incorrect or wrong data or information provided by an IBO, or
(d) the failure to provide any information or data necessary for GOODLIFE to operate its business, including without limitation, the enrollment and acceptance of an IBO into the income opportunity or the payment of commissions and bonuses.
6.1. Inviting: When inviting a Prospect to hear a presentation of the Plan, an IBO must make it clear that what is being described or offered is the Plan.
6.2. Describing the Plan: When describing the Plan:
(a) an IBO's statements must be truthful, accurate and not misleading;
(b) the roles of a balanced business (retail sales, personal use and enrolling) must be accurately described; and
(c) all income representations must be limited to income from the Plan, based on actual experience or from GOODLIFE USA-authorized materials, and provide realistic income potential.
6.3. Required Disclosures: In seeking participation of a Prospect in the Plan, an IBO:
6.3.1. Must give each Prospect a copy of a brochure authorized by GOODLIFE USA for use with Prospects that contains the average profits, earnings, and sales figures and percentages as published by GOODLIFE USA, and must orally inform the Prospect that the brochure contains that information, earnings, and sales figures and percentages as published by GOODLIFE USA. Alternatively, the IBO may direct each Prospect to the official website: www.goodlifeusa.com and the IBO must direct the Prospect to the tabs within the site showing the average profits, earnings, and sales figures and percentages as published by GOODLIFE USA.
6.3.2. Must use only GOODLIFE USA-authorized materials or Business Support Materials that are authorized for use with Prospects.
6.4. Income Disclosure Statement: In an effort to conduct best business practices, GOODLIFE USA has developed the Income Disclosure Statement ("IDS"). The GOODLIFE USA IDS is designed to convey truthful, timely, and comprehensive information regarding the income that GOODLIFE USA IBOs earn. A copy of the IDS must be presented to each prospective IBO. A copy of the IDS must be presented to a prospective IBO (someone who is not a party to a current GOODLIFE USA IBO Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings Representation is made. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, the IBO must provide every prospective IBO with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the IBO Back Office Downloads section.
6.5. Prohibited Enrolling Practices: In seeking participation of a Prospect in the Plan, an IBO:
6.5.1. Must not cite lifestyle examples, e.g., travel, automobile, homes of successful IBOs, and contributions to charitable causes, unless such benefits were actually accrued as the result of building a successful IBO. When registering prospective IBOs or selling memberships, the IBO may not make income claims or earnings Representations to demonstrate the inherent power of network marketing.
Because the Company's IBOs do not have the data necessary to comply with the legal requirements for making income claims, an IBO, when presenting or discussing the Company's opportunity or Compensation Plan to a prospective IBO, may not make income projections, income claims, or disclose his or her own income (including the showing of checks, copies of checks, bank statements, or tax records.) unless in compliance with the policy provisions referring to "Income Disclosure Statement."
6.5.2. Must not say or imply that a successful IBO can be built in the form of a wholesale buying club.
6.5.3. Must not say or imply that there isn't any requirement for the retail sale or marketing of products by IBOs.
6.5.4. Must not promote potential tax benefits of the Plan.
6.5.5. Must not encourage or require a Prospect to purchase anything not included with the IBO Kit, Business Services and Support fee specified in the IBO Registration Application and Agreement and must not encourage the purchase of a product or service not identified on the IBO Registration Application and Agreement. The only requirements which an IBO can impose upon a Prospect whom he or she is willing to register is that the Prospect shall pay the IBO Kit, Business Services and Support fee and sign a completed IBO Registration Application and Agreement and submit it to GOODLIFE USA.
6.5.6. Must not register or enroll new IBOs in a way that manipulates the new IBO's position in the LOS.
6.6. Enroller's Responsibilities: An enroller must comply with the following obligations:
6.6.1. Policies Compliance: The enroller must be an IBO in full compliance with the Policies.
6.6.2. Access to the IBO Contract: The enroller must ensure that all IBOs whom he or she enrolls have access to and the opportunity to read the IBO Contract.
6.6.3. Training and Motivation: The enroller must be able to train and motivate on an ongoing basis each IBO that IBO has enrolled with a minimum of assistance from the IBO's first up-line.
6.7. Distribution of Performance Bonuses: Some IBOs receive a Performance Bonus from GOODLIFE USA, a part of which may be payable to downline IBOs. An IBO shall not retain any portion which may be payable to a downline IBO, even where the downline IBO owes a private debt to the up-line IBO, unless there is a written agreement between the parties permitting such retention. Even with such a written agreement, the up-line IBO may retain only the net portion of the Performance Bonus due that IBO, and not any portion that may be payable to other downline IBOs.
6.8. Prohibited Support Practices: Enrollers and up-line IBOs shall not encourage or require downline IBOs, as a condition of receiving assistance in building their IBO after registration, to
(a) purchase any specified amount of GOODLIFE USA or non-GOODLIFE USA products or services, or
(b) maintain a specified inventory of GOODLIFE USA or non-GOODLIFE USA products or services.
7.1. Products Sales: The Compensation Plan is based solely on the sale of the Company's products to end consumers. IBOs must fulfill personal and Marketing Organization sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and/or advancement to higher levels of achievement. The requirements outlined in section 4.1 (Becoming an IBO) must be satisfied for IBOs to be eligible for commissions. GOODLIFE USA provides two distinct products;
(a) subscription for utilizing its many benefits at the silver, gold and platinum levels, and
(b) the VIP Club Card product.
7.2. Bonus and Commission Qualifications: An IBO must be active and in compliance with the Agreement to qualify for bonuses and commissions. As long as an IBO complies with the terms of the Agreement, the Company shall pay commissions to such IBO in accordance with the Compensation Plan. The minimum amount for which the Company will issue a check is $12.00. If an IBO's bonuses and commissions do not equal or exceed $12.00, the Company will accrue the commissions and bonuses until they total $12.00. A check will be issued once $12.00 has been accrued.
7.3. Adjustments to Bonuses and Commissions for Returned Products and Cancelled Services: IBOs receive bonuses and commissions based on the actual sales of products to end consumers. When a product is returned to the Company for a refund or a service is cancelled and the customer-member is entitled to a refund, the following may occur at the Company's discretion: the bonuses and commissions attributable to the returned or refunded service will be deducted in the month in which the refund is given and continuing every pay period thereafter until the bonuses and commissions are recovered from the IBOs who received bonuses and commissions on the sales of the refunded product or cancelled service. The Company will deduct a check issuance/data processing fee of $1.50 from all bonus and commission checks issued to an IBO.
7.4. Replacement Checks: Upon request, Company will issue a replacement check for a lost or stolen check; however, a $15.00 service fee will be assessed on any request made within twenty-one (21) business days of the issue date of the check. Conversely, after twenty-one (21) business days a replacement check will be reissued at no cost to the IBO.
7.5. Returned Commission Checks: The Company shall use its commercially reasonable efforts to ensure IBOs receive their commission checks. However, when a check is returned to the Company because an IBO has moved without providing the Company with a forwarding address or the check is returned or is not presented for payment for some other reason beyond the control of the Company, the check amount shall be credited to the IBO's account ninety (90) days after its date of issue. All payments and credits from the Company that are not claimed or cashed within one (1) year of issuance will be rescinded and remain the property of the Company.
7.6. Reports: All information provided by GOODLIFE USA, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed by GOODLIFE USA to be accurate and reliable. Nevertheless, due to various factors including but not limited to human and mechanical errors; the accuracy, completeness, and timeliness of orders, denial of credit card and electronic check payments, an IBO whose IBO Agreement is cancelled shall receive commissions and bonuses only for the last full pay period that IBO worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
7.7. Dream Dollars/Dream Destination Dollars: IBOs have been provided additional discounts for limited usage on the member portal referred to as Dream Dollars. These benefits may provide a value of up to 50% of the full retail price. This discount is not provided as performance bonus nor does it have an actual cash value (no cash value). Dream Dollars are not a merchandise credit or a gift certificate and may not be redeemed for cash. Dream Destination Dollars may have a limited cash value as described in detail in the program resource material.
7.8. Quick Pay Bonuses: Quick Pay bonuses are solely based on purchase of product. The product is the subscription to Goodlife USA, a travel and lifestyle benefit program offering subscription levels at the Silver, Gold and Platinum level. All new members pay an enrollment fee commensurate with the level at which they enrolled which includes a down payment on the subscription, including but not limited to the first month of the subscription and have also purchased a specified amount of VIP cards in their initial purchase
8.1. Confidentiality of the LOS: GOODLIFE USA protects the LOE and LOE Information for the benefit of GOODLIFE USA and of all IBOs. GOODLIFE USA keeps LOE Information proprietary and confidential and treats it as a trade secret. GOODLIFE USA is the exclusive owner of all LOE Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by GOODLIFE USA and its IBOs. IBOs can use GOODLIFE USA's goodwill and LOE Information only for the purposes permitted under the IBO Contract.
8.1.1. IBOs acknowledge, and agree not to challenge, that:
(a) LOE Information is confidential and a valuable trade secret owned by GOODLIFE USA;
(b) LOE Information is owned exclusively by GOODLIFE USA; and
(c) IBOs do not own any rights in LOE Information. IBOs agree not to challenge or interfere with GOODLIFE USA's authority to license or sublicense LOE Information. IBOs shall not assert or seek any rights or protection of any kind in LOE Information other than those limited rights or protections that may be specifically granted by these Policies.
8.1.2. An IBO may use LOE Information only with GOODLIFE USA's prior written permission, which may be expressed through general publication (to all IBOs) or through a specific writing to one or more IBOs. Any permission granted by GOODLIFE USA shall constitute a limited non-exclusive, non-transferable, and revocable license by GOODLIFE USA for an IBO to use LOE Information only as necessary to facilitate his or her IBO as permitted under these Policies. GOODLIFE USA reserves the right to deny or revoke any such license, upon reasonable notice to the IBO stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of GOODLIFE USA, such is necessary to protect the confidentiality or value of LOE Information.
8.1.3. All IBOs shall maintain LOE Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard LOE Information and maintain the confidentiality thereof. An IBO shall not compile, organize, access, create lists of, or otherwise use or disclose LOE Information except as authorized by GOODLIFE USA. An IBO also shall not disclose LOE Information to any third party, or use LOE Information in connection with any other businesses or to compete, directly or indirectly, with GOODLIFE USA business.
8.1.4. An IBO shall promptly return any and all LOE Information to GOODLIFE USA upon resignation, non-renewal, or termination of IBO's IBO and shall immediately discontinue any further use thereof.
8.1.5. Every IBO acknowledges that use or disclosure of LOE Information, other than as authorized by GOODLIFE USA, will cause significant and irreparable harm to GOODLIFE USA, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys' fees, and disgorgement of all profits made as a result of such unauthorized use or disclosure.
8.1.6. An IBO's obligations under these Policy 6.1 shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that IBO's IBO.
8.2. Non-Competition and Non-Solicitation:
8.2.1. Non-Competition: Every IBO agrees that while IBO's Contract with GOODLIFE USA is in effect and during the six month period following the resignation, non-renewal, or termination (for any reason) of that IBO, the IBO shall not own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, and (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by GOODLIFE USA.
8.2.2. Non-Solicitation: Every IBO agrees that while IBO's Contract with GOODLIFE USA is in effect and during the six-month period following the resignation, non-renewal, or termination of him or her, he or she will not, on his or her own behalf or on behalf of any person or entity, directly or indirectly, encourage, solicit, or otherwise attempt to recruit or persuade (i) any IBO or (ii) any person who has been an IBO within the past calendar year, to own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in
(a) any other direct sales program using a multilevel or network marketing structure, or
(b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by GOODLIFE USA.
8.2.3. The time periods in the above Policies shall be extended by any period of time during which the former IBO is in violation of the applicable Policy.
8.2.4. The geographic scope of these Policies is the Region.
8.2.5. Each IBO agrees that these Policies are reasonable in both time and geographic scope.
8.2.6. For purposes of these Policies, "Key Position" means an owner, employee, agent, or independent contractor who contributes to the profitability of his or her new business or who is in a position to receive benefit or competitive advantage from his or her new business by virtue of his or her access to LOE Information.
8.2.7. Nothing in these Policies restricts the sale or distribution of privately developed Business Support Materials in accordance with any other Policy herein.
8.2.8. Nothing in these Policies restricts competition between IBOs
(a) in the sale of products or services offered through or by GOODLIFE USA or IBOs to Customer-members or
(b) in the registration of new IBOs or Customer-members.
8.2.9. Each IBO acknowledges that these Policies protect the reasonable competitive business interests of GOODLIFE USA and IBOs, and that a violation of any subsection of these Policies will cause significant and irreparable harm to IBOs and GOODLIFE USA, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys' fees, and disgorgement of all profits made as a result of such violation.
8.2.10. An IBO's obligations under these Policies shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that IBO's IBO.
8.3. Other Business Activities: Except as provided in the Policy 8, IBOs may engage in other business ventures, including other selling activities, involving products, services, or business opportunities. However, IBOs may not take advantage of their knowledge of their association with other IBOs who they did not personally register or have a "IBO Team" role with, including their knowledge resulting from or relating to Line of Enrollment Information, in order to promote and expand such other business ventures.
8.3.1. Each IBO agrees not to solicit, directly or indirectly, other IBOs who the IBO did not personally enroll or have a "IBO Team" role with in order to sell, offer to sell, or promote other products, services, business opportunities, investments, securities, or loans not offered through or by GOODLIFE USA. Each IBO agrees not to sell, offer to sell, or promote any other business opportunities, products, or services in connection with the Plan. Nothing in these Policies restricts the sale or distribution of Business Support Materials in accordance with these Policies.
8.3.2. Nothing in these Policies restricts, for example, an IBO regularly engaged in the operation of a service station, auto dealership, retail establishment, salon, or a professional service (e.g., law, medicine, dentistry, or accounting) from serving customer-members who are IBOs and who have sought them out. But an IBO shall not actively solicit the patronage of other IBOs based on knowledge or information gained as a result of being an IBO.
8.4. Approval of Certain IBO Contract Changes: The sale of an ownership interest in an IBO, transferring an IBO, merging IBOs, separating or dividing an IBO, or assignment of any rights or obligations under an IBO Contract require express approval of GOODLIFE USA in writing beyond those with whom they have a "IBO Team" role. None of the foregoing may be used to manipulate the Line of Enrollment. Sale of a position will not change the enroller status.
8.5. Individual Transfers: An "individual transfer" involves the transfer of an IBO without any downline IBOs. Any IBO who wants to change his or her enroller must submit a written request to GOODLIFE USA accompanied by
(a) a written release signed by all the IBOs up-line in the Line of Enrollment,
(b) a written acceptance from the new IBO enrollee, and
(c) a statement indicating the business reason for the transfer request. Upon GOODLIFE USA's express approval in writing of the request, the written acceptance from the new enrollee confirms that the new enrollee will incur all responsibilities of the transferring IBO.
8.6. Group Transfers: A group transfer involves the transfer of an IBO with one or more downline IBOs.
8.6.1. An IBO who wishes to transfer to a different enroller with one or more downline IBOs may do so only with the express approval of GOODLIFE USA in writing. In addition, an IBO must submit a written request to GOODLIFE USA accompanied by
(a) written consent from all IBOs up-line in the Line of Enrollment,
(b) written consent of all IBOs whom the transferring IBO wishes to transfer with him or her,
(c) written consent by the new enrollee to which the requesting IBO wants to be transferred, and
(d) a statement indicating the business reason for the transfer request.
8.7. Six-Month Inactivity: An IBO who wishes to transfer to a different enroller, but is unable to obtain the necessary consents may not register under a new enroller until the IBO has terminated his or her IBO Contract or failed to renew and has been inactive for a period of 6 months or longer. Following the lapse of the inactive period, the former IBO may register as a new IBO under a new enroller.
8.7.1. During the period of inactivity, a person shall not conduct any of the activities of an IBO under his or her name, or in the name of another person or IBO.
8.7.2. The following shall not interrupt the running of the six-month inactivity period:
(a) procuring and/or submitting a written request for transfer;
(b) filing an application for an informal or formal conciliation;
(c) operating an GOODLIFE USA-affiliated business in any other country in which an GOODLIFE USA affiliate conducts business;
(d) directing an inquiry to GOODLIFE USA as to the status of his or her IBO; or
(e) purchasing GOODLIFE USA products or services as a Customer-member.
8.7.3. Two-Year Inactivity: An IBO who transfers to a new enroll, or who registers under a different enroller after 6 months of inactivity, may not enroll any IBO who was previously up-line or down-line to him or her unless at least two years have elapsed since the expiration of the enrolled IBO's contract.
8.7.4. Two-Year Inactivity (Joining an Existing IBO): Former IBOs may not be added to an existing IBO for a period of 24 months following the expiration of their IBO Contract.
8.8. Sale of an IBO: An IBO who owns and operates an IBO may sell the IBO's ownership interest in such IBO only to another IBO who is in compliance with the Policies, and who has the sufficient skills, experience, judgment and resources to operate the IBO, as reasonably determined by GOODLIFE USA. GOODLIFE USA requires that specific terms of sale be included in any sales agreement. Such terms and a sample sales agreement may be obtained from GOODLIFE USA. An IBO may be sold only with the express written approval of GOODLIFE USA.
8.8.1. In order to preserve the Line of Enrollment, the selling IBO must offer his or her IBO in the order of priority stated below, and the IBO(s) interested in purchasing the IBO must meet all of the terms and conditions set forth in these Policies.
184.108.40.206. The first option, exercisable so long as the first or second options above have not been exercised, belongs to any one of the selling IBO's personally registered IBOs;
220.127.116.11. The second option, exercisable so long as the first, second, or third options above have not been exercised, belongs to any qualified IBO either up or down the Line of Enrollment from the selling IBO;
18.104.22.168. The final option, exercisable so long as the first, second, third or fourth options above have not been exercised, belongs to any IBO in good standing.
8.8.2. If GOODLIFE USA operates an IBO, and has entered into a servicing agreement with an IBO to manage the IBO, GOODLIFE USA shall have the option of selling the IBO to the servicing IBO.
8.8.3. When an IBO is sold, it will remain in its same position in the Line of Enrollment.
8.9. Mergers and Combinations of IBOs: Mergers of IBOs resulting from failure to file a Renewal Agreement, termination, resignation, death (with no designation of succession by heirs) or some involuntary event or cause beyond the control of any of the owners, are permitted, only with the express approval of GOODLIFE USA in writing.
8.10. Parent-Child Integration: IBOs who are parents and children may integrate their respective IBOs, provided that they submit a written request to GOODLIFE USA and meet the following:
(a) The child(ren) must be personally registered by the parents; or the parents must be personally registered by the child(ren);
(b) The parent's IBO and the child's (children's) IBO must have operated as a separate IBO for not less than 2 years by date of implementation;
(c) The parent and the child(ren) shall be qualified at the level of Platinum or above as of the implementation date;
In the event that the parent(s) or the child(ren) are deceased or are not mentally or physically capable of running the IBO before conditions herein above have occurred, the child(ren) or parent(s) inheriting the IBO shall have the right to integrate the separate IBOs in accordance with these Policies;
(a) Provided the above conditions will be met no later than the implementation date, GOODLIFE USA shall review such request. GOODLIFE USA may, in its sole discretion, approve the request in light of such recommendation and the goals, objectives, and benefits of the Plan; and
(b) Upon express approval of GOODLIFE USA in writing of the request for integration or de-integration, implementation shall be the next September 1.
8.11. Divorce, Separation, or Other Dissolution of a Non-Spousal Partnership or Legal Entity: IBOs who become involved in an action for divorce, separation of marital property, or the dissolution of a non-spousal partnership or legal entity formed under these policies, must continue to conduct themselves in compliance with the Policies.
8.11.1. During the pendency of a divorce, separation of marital property or dissolution of a non-spousal partnership or legal entity, the IBOs must adopt one of the following methods of operation:
(a) the IBOs continue to operate the IBO jointly on a "business-as-usual" basis;
(b) one or more IBOs relinquishes his or her right and interest in the IBO;
(c) the IBOs may agree on a third party to operate the IBO, subject to express approval of GOODLIFE USA in writing; or
(d) if the IBOs cannot agree on a third party, GOODLIFE USA shall appoint a third party to act as a receiver during the pendency of the divorce or dissolution if GOODLIFE USA determines that such an appointment is necessary to prevent a negative impact on the business.
8.11.2. After a Final Decree or Judgment of Divorce, a Final Separation Agreement or other domestic contract that contains a legally enforceable Property Settlement or Division of Assets that addresses their IBO, or after a final dissolution of a non-spousal partnership or legal entity, IBOs may:
(a) agree to continue to operate their IBO in the form of a partnership or other legal entity permitted under these Policies; or
(b) agree that one IBO may relinquish all rights in the original IBO to the other IBO(s), at which time the withdrawing IBO is free to immediately register under any enroll.
8.11.3. IBOs may not divide their IBO in the case of a divorce, separation of marital property or other dissolution.
8.12. Disposition of an IBO: If an IBO resigns, fails to renew, terminates his or her IBO, dies without transferring the IBO, or is terminated by GOODLIFE USA, GOODLIFE USA shall decide the future of the IBO in accordance with these Policies.
8.13. Annual IBO Compression - IBO's who fail to renew their annual renewal fee shall be subject to compression which shall occur on a yearly basis
8.14. Orphan Leads - An orphan lead is any lead (subscription, IBO or both) that has come to GOODLIFE USA through sources other than an IBO. These leads may be distributed equally to leaders who sit in the top 15 rotation of the legacy tree at any given time.
8.15. Preservation of Genealogy/Team Tree Position Upon Cancellation or Inactivity - In the event that a qualifying IBO elects to cancel their account or otherwise becomes inactive, the following protocols shall be observed:
(a) GOODLIFE will hold that position open for that IBO for a period of Sixty (60) days from the date of cancellation or inactivity. IBO may elect to re-enroll within this time-period and shall be placed back into that position;
(b) If said IBO does not exercise this option within this time-period, then the position shall then be open to the enroller of said IBO for a supplemental period of thirty (30) days;
(c) If said enroller does not exercise this option within this time-period, then the position shall then be open to the next-tier enroller (IBO who enrolled said enroller) for an additional supplemental period of thirty (30) days.
(d) If this position is not filled by this close of these time periods then the position shall be classified as a dead position and shall be compressed accordingly.
8.16. Preservation of Legacy Tree Position in the Event that IBO becomes Ineligible, "Qualifiers" Cancel or otherwise Fail to meet Qualifying Requirements - In the event that IBO becomes ineligible or qualifiers (either 2 IBO's who are Gold or Platinum customer-members or 20 customer-members of any level per position [2 positions required for total of 40 customer-members]) cancel or otherwise fail to meet qualifying requirements GOODLIFE will hold that position open for a period of Sixty (60) days from the date of disqualification. During this period the IBO will maintain its position and be given the opportunity to become eligible and/or provide qualifiers without losing their position. IBO will not receive nor be entitled to receive any bonus payments during this period or so long as they remain ineligible. Upon the expiration of this period if the IBO remains ineligible they will lose their position in the Legacy Tree.
Business Support Materials (or "BSM") as used in these Policies means all products and services (including but not limited to business aids, books, magazines, flip charts, and other printed material, online literature, internet websites, advertising, audio, video or digital media, rallies, meetings, and educational seminars, and other types of materials and services) that are (i) designed to solicit and/or educate Prospects, Customer-members, or prospective Customer-members of GOODLIFE USA products or services, or to support, train, motivate, and/or educate IBOs, or (ii) incorporate or use one or more of the Marks or Copyrighted Works of GOODLIFE USA, or (iii) are otherwise offered with an explicit or implied sense of affiliation, connection, or association with GOODLIFE USA. Unless otherwise specified in writing, IBOs acknowledge that nothing in these Policies, or in any other Policy, shall be construed or interpreted as a license or other permission to incorporate any LOE Information into any BSM.
9.1. General Policies on BSM:
9.1.1. IBOs may sell BSM only in accordance with these Policies BSM used, promoted, distributed, or offered for sale by or to IBOs must:
(a) comply with all quality standards and any applicable Policies relating to their use, promotion, and sale;
(b) be submitted to GOODLIFE USA for review prior to use, promotion, distribution or sale;
(c) be authorized by GOODLIFE USA; and
(d) if required for the category of BSM, bear the authorization number provided by GOODLIFE USA.
9.1.2. GOODLIFE USA's Satisfaction Guarantee and Buy-Back Policies do not apply to materials not sold by GOODLIFE USA. BSM may only be sold subject to the right of the purchaser to return such BSM for a refund in accordance with the following:
22.214.171.124. The terms of the refund policy, including terms regarding procedures for the resolution of disputes and the responsible person for returns, must be clearly communicated to the purchaser prior to any sale. In addition to any other person designated to handle returns, the selling IBO and the Approved Provider shall be responsible for handling returns if the sale occurred under these Policies, and the selling IBO shall be responsible for handling returns of all other sales.
126.96.36.199. During the first 90 days following an IBO's registration with GOODLIFE USA, the IBO may return all BSM of any form purchased, including meeting tickets, together with proof of purchase, for a 100% refund of the price paid for such BSM.
188.8.131.52. An IBO end-user of BSM may return BSM purchased, together with proof of purchase, within 180 days following purchase, for a refund on commercially reasonable terms.
9.1.3. IBOs promoting, selling, distributing, or offering BSM for sale must:
(a) ensure that such BSM are not sold or offered for sale in conjunction with the IBO's registration with GOODLIFE USA;
(b) provide purchasers of such BSM with any disclosures or other information that may be required by GOODLIFE USA from time to time;
(c) clearly inform every IBO purchasing BSM that purchasing BSM is optional, is strictly voluntary, and may be helpful but is not necessary to build a successful independent business; and
(d) advise the purchaser about refund policies that apply to such BSM in accordance with these Policies.
9.1.4. No IBO may record a GOODLIFE USA presentation without the prior specific written consent of GOODLIFE USA. An IBO may make a single recording of the talks or presentations made by non-GOODLIFE USA employees at any GOODLIFE USA-enrolled meeting, provided the recording is for their personal use and is not reproduced for any purpose.
9.1.5. Although the specific content of live seminars, events, business meetings, or other similar BSM must comply with GOODLIFE USA's quality standards such BSM do not require prior authorization from GOODLIFE USA unless or until the content is reduced to a fixed media (such as in print, audio, or video) for use with IBOs or Prospects.
9.1.6. An IBO who purchases, promotes, distributes, or offers BSM for sale shall use reasonable efforts to determine that the quantity and cost of BSM are reasonably related to sales volume and profits of the purchaser's IBO.
9.1.7. IBOs who promote or distribute BSM to other IBOs may not compensate or remunerate other IBOs in connection with such distribution except in accordance with these Policies.
9.1.8. IBOs may organize seminars, events, or business meetings for IBOs consistent with their training obligations as enrollees.
9.1.9. IBOs selling, promoting, or distributing BSM apart from these Policies must obtain appropriate written authorization from GOODLIFE USA in accordance with these Policies in order to Use any Marks or otherwise use any copyrighted material or other intellectual property of GOODLIFE USA in connection with such BSM.
9.1.10. IBOs selling, promoting, or distributing BSM must not infringe the copyrights or intellectual property rights of Approved Providers, other IBOs or third-parties.
9.2. Sale and Promotion of BSM with Authorization from an Approved Provider
9.2.2. IBOs who wish to sell, promote, or earn income from the sale of BSM from an Approved Provider must have a written contract or other binding authorization from that Approved Provider in accordance with the Program, obligating the IBO to adhere to GOODLIFE USA's quality standards in connection with such activities.
9.2.3. BSM offered in the form of website subscriptions and downloadable media are subject to the following requirements, in addition to these Policies:
184.108.40.206. Purchasers canceling website subscriptions are entitled to a refund for unused, whole months of any prepaid subscription(s).
220.127.116.11. Purchasers of downloadable media are entitled, if dissatisfied, to obtain a replacement download of equal value within 30 days of the purchase of the subject downloadable media.
9.3. IBOs who are authorized by an Approved Provider to sell, promote, or distribute an Approved Provider's BSM in accordance with these Policies require no further written authorization from GOODLIFE USA to conduct such activity.
9.4. Price changes. All GOODLIFE product and literature prices and schedules are subject to change without notice.
10.1. GOODLIFE USA's Marks and Copyrighted Works are important and valuable business assets of GOODLIFE USA. The Marks help identify the source and reputation of GOODLIFE USA's products and services worldwide and distinguish them from those of competitors. GOODLIFE USA makes commercially reasonable efforts to protect the Marks from improper use, including through Policies, accreditation of Approved Providers, and a corporate identity program that requires the correct and consistent use of the Marks, both in appearance and substance.
10.2. Use of Marks and Copyrighted Works: An IBO may use GOODLIFE USA's Marks and Copyrighted Works only with GOODLIFE USA's prior written permission, which may be expressed through general publication (to all IBOs) or through a specific writing to one or more IBOs. Without limitation, GOODLIFE USA may require conformity with specifications, may require that materials that Use GOODLIFE USA's Marks and/or Copyrighted Works be sourced from GOODLIFE USA or a GOODLIFE USA-approved supplier, and may otherwise condition use of its Marks and Copyrighted Works.
Any permission granted by GOODLIFE USA shall constitute a limited, non-exclusive, nontransferable and revocable license to use such Marks and Copyrighted Works solely in connection with GOODLIFE USA business in the Region. Subject to conditions and specifications published or specifically provided in writing from time to time, the Marks and Copyrighted Works may be used only on:
(a) exterior and interior office signs;
(b) all forms of vehicle signs;
(c) telephone listings;
(d) promotional literature;
(f) premiums; and
(g) business cards.
Other proposed Uses will be considered upon request. Without limitation, GOODLIFE USA will not authorize an IBO to use the Marks on imprinted checks.
10.3 No corporate materials may not be altered, reproduced, or misrepresented in any way, including but not limited to the images and content without express prior written approval from corporate. All submissions shall be made to corporate at email@example.com and shall have in the subject line: "Submission for Corporate Approval."
10.4 Alteration of VIP Cards Prohibited -VIP cards may not be altered, reproduced, or misrepresented in any way, including but not limited to the images and content without express prior written approval from corporate. All submissions shall be made to corporate at firstname.lastname@example.org and shall have in the subject line: "Submission for Corporate Approval."
11.1. Complying with the IBO Contract is essential for preserving a strong and viable business for IBOs and GOODLIFE USA. IBOs and GOODLIFE USA each have rights and responsibilities in case of a breach of the IBO Contract.
11.2. GOODLIFE USA's Rights and Responsibilities: When GOODLIFE USA becomes aware of a potential breach of the IBO Contract, GOODLIFE USA will first investigate as appropriate. Before taking enforcement action, GOODLIFE USA shall attempt to contact the IBO in an effort to resolve the issue. If the communication does not resolve the issue, GOODLIFE USA may take any enforcement action authorized by the IBO Contract including, but not limited to, one or any combination of the following:
11.2.1. A written warning to an IBO, and/or up-line or down-line IBOs in the Line of Enrollment.
11.2.2. Retraining an IBO, and/or up-line or down-line IBOs in the Line of Enrollment.
11.2.3. Suspending some or all of the rights of an IBO for a specified period of time, or until certain conditions have been satisfied.
11.2.4. Withdrawing or denying an award, trip, pin recognition or other incentive.
11.2.5. Withholding any monthly or annual bonus or incentive payments.
11.2.6. Compensatory remedies, as applicable.
11.2.7. Transferring an IBO or a group of IBOs.
11.2.8. Terminating an IBO Contract.
11.3. If an IBO elects to challenge any action taken by GOODLIFE USA under these Policies, the IBO shall submit the issue to the Dispute Resolution Procedures described in these Policies.
11.4. IBO Rights and Responsibilities: If an IBO believes that another IBO has breached the IBO Contract, the IBO first should contact the IBO in question in an effort to resolve the issue. If an IBO believes that GOODLIFE USA has breached the IBO Contract, the IBO shall first contact GOODLIFE USA in an effort to resolve the issue. If discussion with GOODLIFE USA does not resolve the issue, the IBO may file a written complaint with GOODLIFE USA. The complaint should explain the issue in as much detail as possible, and include all supporting documents. GOODLIFE USA will investigate as appropriate, and take enforcement or corrective action under the IBO Contract, if necessary. If any issue remains unresolved, it shall be submitted to the Dispute Resolution Procedures described in these Policies.
11.5. An IBO who elects to challenge the validity of a Policy or other term of the IBO Contract shall first contact GOODLIFE USA in an effort to resolve the issue. If the IBO is not satisfied with GOODLIFE USA's response, the dispute shall be resolved in Arbitration pursuant to Policies.
11.6. Duty to Cooperate: Each IBO is required to respond to inquiries and otherwise cooperate in a timely fashion with any investigation conducted by GOODLIFE USA. Failure to respond to inquiries or to otherwise cooperate in a timely fashion is a breach of the IBO Contract and may result in GOODLIFE USA taking action against the IBO.
11.7. Non-Waiver. The failure of GOODLIFE USA or any IBO to enforce any breach of any provision of the IBO Contract shall not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision of the IBO Contract.
12.1. GOODLIFE USA may modify the IBO Contract in accordance with the following procedures.
12.2. Any changes to these Policies require agreement of GOODLIFE USA and the IBOs. For all other Policies, the final decision-making authority on amendments to the IBO Contract rests solely with GOODLIFE USA.
12.3. GOODLIFE USA will notify IBOs of the proposed changes to Policies by making them available for review by the IBOs logging on www.goodlifeusa.com and by GOODLIFE USA's solicitation of comments from IBOs concerning the proposed changes. GOODLIFE USA will consider any comments submitted during the 30 days following IBO's posting of such notice on that web site. The proposed changes shall become effective 15 days after the end of the comment period, unless GOODLIFE USA makes further modifications. GOODLIFE USA shall provide notice of any such further modifications on www.goodlifeusa.com 15 days prior to the effective date of such further modifications. These time periods may be shortened when it is necessary for a particular change to comply with a new law or other government mandate, to protect IBOs from serious financial harm, or to protect the integrity of the Plan. Policy changes have prospective effect only.
12.4. Prior to the effective date of any proposed Policy change, any IBO who is unwilling to accept a Policy change can provide notice of his/her intent to resign from GOODLIFE USA business on the effective date of the Policy change. Unless the proposed Policy change is withdrawn, the IBO's resignation will become effective, and GOODLIFE USA will refund a pro rata share of the IBO's registration or renewal fee for that year. The resigning IBO may sell his or her IBO in accordance with these Policies. In addition, the resigning IBO can return any unused, marketable products pursuant to Policy.
13.1. Disciplinary Sanctions: Violation of the Agreement or 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 an IBO that, in the sole discretion of the Company may damage its Reputation or goodwill (such act or omission need not be related to the IBO's business), may result, at the Company's discretion, in one or more of the following corrective measures:
(a) Issuance of a written warning or admonition;
(b) Requiring the IBO to take immediate corrective measures;
(c) Imposition of a fine, which may be withheld from bonus and commission checks;
(d) Loss of rights to one or more bonus and commission checks;
(e) The Company may withhold from an IBO all or part of the IBO's bonuses and commissions during the period that the Company is investigating any conduct allegedly violating the Agreement. If an IBO's business is canceled for disciplinary reasons, the IBO will not be entitled to recover any commissions withheld during the investigation period;
(f) Suspension of the individual's IBO Agreement for one or more pay periods;
(g) Probationary period during which time any further infractions of the Agreement will result in termination of the IBO's business. During probation, an IBO may continue to represent the Company and build his or her Marketing Organization, can receive commissions, but will not be paid bonuses or be eligible for promotions to higher levels;
(h) Termination of the offender's IBO Agreement. Upon written notice to terminate in the event IBO breaches the Agreement, IBO shall (i) lose all rights to purchase products and/or services from Company, (ii) cease from representing himself or herself as an IBO, (iii) lose all rights to IBO's participation and position in the Compensation Plan, including all future commissions and earnings resulting from and (iv) take all other actions reasonably required by Company, including the discontinuance of Company's names, marks and other intellectual property.
(i) Transfer of a portion or all of the IBO's Marketing Organization or downline;
(j) Any other measure expressly allowed by of the Agreement or which the Company deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IBO's policy violation or contractual breach; or
(k) In situations deemed appropriate by the Company, the Company may institute legal proceedings for monetary and/or equitable relief exclusive of the procedures outlined herein.
(l) Company reserves the right to accept or deny any application or terminate anyone for any reason such as past or current felony convictions, acts of moral turpitude or other actions which, at the sole discretion of Company, would harm the Reputation of Company and or the other IBOs.
13.2. Grievances and Complaints: When an IBO has a grievance or complaint with another IBO regarding any practice or conduct in relationship to their respective businesses, the complaining IBO should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's up-line Sponsor. If the matter involves interpretation or violation of the Company's Policies, it must be reported in writing to the Compliance Department at the Company (email@example.com). The Compliance Department will review the facts and attempt to resolve it. If it is not resolved, it will be referred to the Dispute Resolution Board for final review and determination.
13.3. Rule Violation - 3 Strike Rule - 1st violation of any of the rules, terms, conditions and/or procedures shall result in a warning (warning may be made either via email, verbally or in other writing); in the event of a 2nd violation GOODLIFE, at its sole discretion, reserves the right to rescind a bonus level, and/or commission and/or bonus dollars due. (i.e. entitlement to legacy tree); in the event of a 3rd violation GOODLIFE, at its sole discretion, reserves the right to immediately terminate the violating party from the company
13.4 In the event of a dispute regarding bookings, VIP commissions due from bookings or any other related booking issue, disputing party shall provide us with proof of booking, evidence that booking was actually fulfilled (i.e. that payments became non-refundable in the booking process [this may vary by specific hotel booking policies] and/or accommodation was actually provided).
13.3. Amendment Only with GOODLIFE USA Consent: Policy 13 and any subparts may be amended only by GOODLIFE USA, and such amendments shall not be retroactively applied to any dispute known to GOODLIFE USA at the time of amendment.
13.4. Temporary or Preliminary Injunctive Relief: Nothing in these Policies prevents GOODLIFE USA, an IBO, an Approved Provider or any other one of the parties from seeking temporary or preliminary injunctive or other relief from a court of competent jurisdiction, notwithstanding the parties' obligation to participate in Conciliation or Arbitration under these Policies.
13.5. Confidentiality: The parties, when involved in the dispute resolution process in any manner, will not disclose to any other person not directly involved in the dispute resolution process:
(a) the substance of, or basis for, the dispute;
(b) the content of any testimony or other information obtained through the dispute resolution process; or
(c) the resolution (whether voluntary or not) of any matter that is subject to the dispute resolution process.
However, nothing in these Policies shall preclude any one of the parties from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery.
13.6. Conciliation: The Conciliation procedures are designed to resolve disputes efficiently in a non-confrontational setting, through education, mediation, and conciliation. The Conciliation requirement is reciprocal and applies to all Parties. The party first seeking resolution shall commence Conciliation by providing a Request for Conciliation form to the other affected parties and, in any Dispute, GOODLIFE USA Business Conduct and Policies Department.
13.7. Dispute Resolution Board: The purpose of the Dispute Resolution Board ("DRB") is to:
(a) review appeals of disciplinary sanctions; and
(b) review matters between the Company's IBOs.
After the response or settlement instituted by the Compliance Department has been denied or otherwise remains unresolved, upon written request, the DRB reviews evidence, deliberates, and responds to current outstanding issues on a collective basis. An IBO may submit a written appeal within fifteen (15) business days from the date of:
(a) the written notice by the Company of disciplinary action; or
(b) the written decision of Compliance Department, as applicable, regarding disputes between IBOs.
All communication with the Company and the IBO seeking resolution of a dispute must be in writing and sent via U.S. Mail or hand-delivered. It is within the DRB's discretion whether a claim is accepted for review. If the DRB agrees to review the matter, it shall schedule a hearing within ten (10) business days of receipt of the IBO's written request. All evidence (e.g., documents, exhibits, etc.) that an IBO desires to have considered by the DRB must be submitted to the Company with the written request for a review with the DRB. The DRB will review and reconsider the sanction, consider any other appropriate action, and notify the IBO in writing of its decision. The decision of the DRB will be final and subject to no further review, except as provided in Sections herein below. During the pendency of the claim before the DRB, the IBO waives his or her right to pursue arbitration or any other remedy. The DRB will be made up of a minimum of three mid-to-senior level management of the Company. All members will be selected by Company.
13.8. Mediation: Prior to instituting any arbitration as provided in Sections herein, 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 mediator's 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 fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorney fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Palm Beach County, Florida and shall last no more than two business days.
13.8.1. In cases where an Approved Provider is a party, the dispute will be mediated by an independent neutral mediator acceptable to all Parties, unless all of the parties involved in the dispute stipulate to informal conciliation. GOODLIFE USA can provide a list of possible mediators, but the parties are not obligated to agree to any mediator on that list.
13.8.2. In all instances where the parties cannot agree on a mediator within ten business days of receiving the Request for Conciliation form, they authorize GOODLIFE USA to request the American Arbitration Association (AAA) to select a mediator.
13.8.3. The mediation proceeding is confidential and not open to the public; but any participant may be accompanied by an attorney or another personal representative, such as an up-line IBO or a friend or family member, as long as the representative agrees to respect the confidentiality of the process.
13.8.4. All parties who receive notice of the mediation are required to participate. The parties are strongly encouraged to attend the mediation in person, but are not required to do so. Should the parties choose to attend in person, they are responsible for their own expenses. Failure by GOODLIFE USA or any disputing IBO to participate in good faith is a breach of the IBO Contract, and the breaching party shall reimburse the other parties for any expense directly caused by the breach, as determined by the mediator.
13.9. 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 administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. IBOs waive all rights to trial by jury or by any court. All arbitration proceedings shall be held in Palm Beach County, Florida, unless the laws of the state in which an IBO resides expressly require the application of its laws.
13.9.1. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The parties acknowledge that the IBO Contract and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration Policies and arbitration proceedings.
13.9.2. Class Action Waiver: The parties mutually waive any right to assert any dispute as a class, collective or representative claim or action, or to participate in any dispute asserted as such.
13.9.3. No Class Arbitration: The parties agree that, if the Class Action Waiver is found to be void or unenforceable for any reason, any motion to have the dispute certified as a class action, and any ensuing class action should it be certified, must be heard and disposed of only by a court, and not by an arbitrator; class action claims cannot be submitted to arbitration under these Policies under any circumstances.
13.9.4. Commencement of Arbitration: The complaining party may file a demand for arbitration with the American Arbitration Association ("AAA"). The arbitration will be commenced and conducted in accordance with the AAA fee schedules and commercial arbitration Policies and these policies. If there is any conflict between the AAA arbitration Policies and these Policies, these Policies shall apply.
13.9.5. Limitations: Demand for arbitration shall be made within two years after the claim arose, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations. The two-year period or any shorter statutory limitations period shall be tolled during the Conciliation process described in these Policies, provided that Conciliation shall not revive any limitations period that has expired before the time a party invokes these Policies.
13.9.6. Single Arbitrator: Unless all parties to the arbitration agree otherwise, a single arbitrator shall be chosen, and Arbitrator candidates must have at least five years' experience as a state or federal judge or as a full-time ADR professional, including substantial experience in commercial arbitration.
13.9.7. Arbitrability Issues to Be Decided By Arbitrator: The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
13.9.8. Award: The arbitrator's award shall be limited to deciding the rights and responsibilities of the parties in the specific dispute being arbitrated. The arbitrator's award shall have no collateral estoppel effect in any other proceeding. The arbitrator shall not provide a statement of reasons for his or her award unless requested to do so by a party.
13.9.9. Consolidation: Similar claims involving multiple parties may be consolidated before a single arbitrator if all parties agree. The arbitrator will decide any disputed consolidation issues.
13.10. Discovery: Notwithstanding any discovery provisions in the AAA commercial arbitration policies incorporated herein above, no discovery shall occur in an arbitration under these Policies unless and until specifically authorized by the arbitrator. The arbitrator shall decide the amount, scope and timing of discovery as appropriate in each case. In addition, before requiring any discovery, the parties involved in the arbitration shall agree on an appropriate confidentiality order that is consistent with the IBO Contract. If they fail to agree, the arbitrator shall impose appropriate confidentiality requirements on the parties and witnesses.
13.11. Governing Law, Jurisdiction and Venue: Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Palm Beach County, State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision, residents of the State of Louisiana shall be entitled to bring an action against the Company in their home forum and pursuant to Louisiana law.
14.1. GOODLIFE USA provides access through its portal to discounted vacation travel and other benefits provided by third parties and third party affiliates (each, a "Travel Supplier") that GOODLIFE USA does not control. All third party travel suppliers are separate and distinct from, and not agents/employees of GOODLIFE USA.
(a) IBO acknowledges, and understands, and agress that GOODLIFE USA does not accept any liability for such supplier's actions or omissions.
(b) GOODLIFE USA is not liable or responsible in any respect for breach of contract, any action or inaction, commission or omission whether intentional, negligent or otherwise, on the part of such third party suppliers resulting in any loss, damage, delay or injury.
IBO acknowledges, understands all of the following and agrees that IBO will neither make any claim against GOODLIFE USA contrary to any of the following nor will IBO ever make any contrary or inconsistent representation to any person about any of the following.
14.2. Vacation itineraries, including changes after the sale which may include missed ports of call, are the sole responsibility of the supplier.
14.3. GOODLIFE USA assumes no responsibility for overbooking, cancellation or delays by hotels, airlines, cruise lines, tour operators or ground transportation or other providers of service.
14.4. In the event that a travel supplier declares bankruptcy, GOODLIFE USA will not be held responsible although the travel vendor may not be required to refund paid fares. GOODLIFE USA disclaims any financial responsibility for any vendor that declares bankruptcy.
14.5. You agree that GOODLIFE USA is not responsible for any potential risks and hazards associated with travel as well as other offered discounted benefits.
14.6. Assessed government or quasi-government fees and taxes are subject to change without notice at any time, and suppliers reserve the right to add a surcharge for these fees and taxes even if you have a confirmed booking under deposit or have made final payment.
14.7. All surcharges will be automatically charged to the relevant credit card or in the event of payment by check, the purchaser will be asked to immediately remit additional funds.
15.1. Interruption or cancellation requests for refunds for products specifically provided by GOODLIFE USA as a direct vendor are limited to dream destinations and only after the scheduled departure date is cancelled. Notice of cancellation for these specific products must be received by GOODLIFE USA a minimum of 5 business days prior to supplier deadlines. All requests for refunds for these specific products must be in writing to GOODLIFE USA and mailed to 5801 N. Congress Avenue, Boca Raton, FL 33487 (firstname.lastname@example.org). Any vacation package vouchers and other GOODLIFE USA or supplier documentation must be returned to GOODLIFE USA before a refund can be processed.
15.2. Refund processing time is about two credit card billing cycles or approximately 8 weeks. For detailed information regarding the travel providers cancellation policies or terms and conditions, refer to the travel provider's website.
15.3. Cancellation penalties are unique and determined by each supplier. Penalties may begin at time of booking and are based upon the supplier's published rate before any adjustments. Certain exclusive promotions may follow a different penalty schedule than the supplier's standard policy. All notice of cancellation must be received by GOODLIFE USA a minimum of 5 business days prior to supplier deadlines.
15.4. Non-refundable agency deposits are incorporated in all bookings made after February 17, 2016.
15.5. As applicable all GOODLIFE USA "Dream Destinations" are non-refundable once paid.
15.6. Your credit card will be charged within 24 hours of your reservation.
15.7. IBO may terminate its written contract with GOODLIFE USA at any given time. Notice of cancellation must be received by GOODLIFE USA within a minimum of 5 business days prior to the end of a given month. Outstanding unused portion of IBO annual fees shall be subject to refund on a pro-rata basis. All requests for refunds for unused fees must be in writing to GOODLIFE USA and mailed to 5801 N. Congress Avenue, Boca Raton, FL 33487.
To receive a full or partial refund the following guidelines must be met. Notice of cancellation for a full refund must be received by GOODLIFE within a minimum of 5 business days prior to the closing of a Quick Pay Bonus pay period. Quick Pay Bonus pay periods occur twice monthly on the 15th of any given month as well as at the last day of any given month. Requests submitted after the Quick Pay Bonus period, shall be granted on a pro-rated basis and shall be granted minus payment of any bonuses that have been paid out to the field including, but not limited to the enrollment fee. (See Section 4)
15.8. Termination of customer-subscription: A customer-member may cancel their monthly subscription at any time by emailing email@example.com. "Notice of cancellation" by customer-member to GOODLIFE must be received within a minimum of 5 business days prior to the close of any given retail bonus pay outs date. Retail Bonus pay periods occur twice monthly on the 15th of any given month as well as the last day of any giving month. Requests submitted after the Retail Bonus period, shall be granted on a pro-rated basis and shall be granted minus payment of any bonuses that have been paid out to the field including, but not limited to the enrollment fee. Before making such a decision be sure to review the Renewal Policy. (See Section 18)
16.1. U.S. Law & Venue: All contracts, agreements and sales of GOODLIFE USA products are provided to international residents pursuant to U.S. laws and regulations. Acceptance of contracts and sale of goods occurs at GOODLIFE USA Company Headquarters in Boca Raton, Florida unless a specific GOODLIFE USA office and legal entity is established in the international residents' country, whereupon venue would change. In the event of establishment of an office and legal entity in a country other than the U.S., GOODLIFE USA will ensure compliance with all local laws and regulations as required.
16.2. International Enrollment/Participation: All international enrollments/participants, defined as those outside of the U.S. and its territories, are made via referral by IBO over the internet or by fax to the Corporate Headquarters. Enrollment/participation is not made in foreign countries under any circumstance unless a local office and legal entity has been established. Applications for enrollment/participation will only be accepted if the country is officially open for business, as declared by GOODLIFE USA. An IBO must use true and accurate information related to identity and residence on applications. In lieu of a U.S. Social Security Number or Tax ID number, a valid ID (i.e. Tax ID number, Passport number, or Drivers' License Number) will be required for identification for all international enrollments/participants, with the same address stated on the application. In addition, a completed and current US IRS W-8BEN form is required to be made available and on file, upon request, with GOODLIFE USA, in order to receive commission payments.
16.3. International Product Purchase and Shipments: All customer-members and IBOs must be referred to GOODLIFE USA for direct purchase. Shipment and supply will come directly from GOODLIFE USA in the U.S. As such referral sales are made, IBO will receive appropriate credit as if they had made the sale directly. Quantity limits of physical products may be placed on purchases by GOODLIFE USA. Shipments of goods and other products shall be made directly to IBOs at their shipping address. Any customs duties, import taxes or sales taxes (i.e. VAT, GST, etc.) will be the sole responsibility of the IBO or recipient, upon delivery.
16.4. International Currency: Whenever prices, commissions, or fees of any type are stated in GOODLIFE USA literature, forms or on any website, the currency stated is always in U.S. dollars, unless specifically stated otherwise with the official currency abbreviation following the value; for example: CDN for Canadian Dollar).
16.5. International IBO Benefits: IBO benefits may be slightly altered, from the U.S. and from country to country, dependent upon local requirements. Promotional and incentive contests/programs may provide a dollar value for the prize or program, rather than the actual prize itself. In addition, the dollar value for such a prize may be capped at a specific level for international residents.
16.6. International Restrictions: In addition to standard U.S. Policies, GOODLIFE USA may provide additional information for specific countries as to prohibitions and other guidelines related to product claims, advertising and other matters related to competitive company products. Please contact GOODLIFE USA for specifics for your country.
16.7. International IBOs MAY NOT display and/or sell the Company's products at trade shows and professional expositions without contacting the Compliance Department in writing for conditional approval (by email at firstname.lastname@example.org. In some circumstances authorization may be granted to allow displays for the sole purpose of providing information to interested individuals. Referral of such parties shall be made directly to GOODLIFE USA Corporate Office or website. The Company reserves the right to refuse authorization to participate at any function which it does not deem suitable for the promotion of its products, services, or the Company's opportunity.
16.8. International Income Taxes: International residents are responsible for reporting their income and paying their own income taxes in the country where they claim residence. It is required to make available, upon request, a current U.S. IRS W-8 BEN form with GOODLIFE USA, in order to receive commissions. With such a form on file, commissions will be paid without U.S. tax withholding.
16.9. International Commission Payments: GOODLIFE USA may elect to establish and/or increase a minimum amount of commissions earned in order to issue payment for international residents. Payment may be in the form of a U.S. dollar check, debit card, or electronic payment. Please consult your specific country's information provided by GOODLIFE USA, for details.
16.10. International Acceptable Payment for Purchases: Acceptable payment from participants in each country may be different. However, in general, credit cards will be accepted for purchases, based on GOODLIFE USA global, merchant bank approvals. All purchases on credit cards processed in the U.S. shall be in U.S. currency unless specifically noted otherwise.
16.11. Exceptions to the Refund Policies: Previously paid Financial Distributions may be reversed and future Financial Distributions may be adjusted as a result of product returns or inventory repurchases at the sole discretion of the Company. Any Commissions paid to the IBO and his or her up-line for the product returned by the IBO or customer-member may be debited from the respective up-line IBO's account or withheld from present or future commission payments. An IBO should not rely on existing downline volume at the close of a commission's period, as returns may cause changes to his or her title, rank and/or commissions payout.
17.1. The Agreement may be signed via electronic signature or transmitted by fax or scanned and emailed and, if so, is intended by IBO to and will be treated as an original document with original signatures and considered to have the same binding effect as an original document with original signatures.
17.2. The Agreement constitutes the entire agreement between IBO and GOODLIFE USA, supersedes all prior agreements and no other promises, Representations, guarantees or agreements of any kind shall be valid unless in writing and signed by both parties.
17.3. IBO hereby represents and warrants to Company that IBO's execution and performance of the Agreement does not and will not violate the legal or contractual rights of any third party, IBO has the power and authority to execute, deliver and perform the Agreement and all information and materials submitted to Company are true and correct, including but not limited to IBO's Social Security Number and/or Federal Employee Identification Number.
17.4. IBO further acknowledges and agrees that IBO is not guaranteed any income, profits or success by virtue of IBO's position with Company, and IBO hereby certifies that no such Representations or warranties have been made to IBO.
17.5. Legacy Tree: How it Works
17.5.1. The Legacy Tree is a separate and distinct bonus tree, wherein specific revenues have been set aside and pledged toward payment of qualified Legacy Tree IBO's. Positions in the Legacy Tree may only be held by a "qualifying IBO." Qualifying IBO's means any current IBO who maintains a Gold or Platinum level customer subscription and has met the specific qualifying conditions to enter and remain in the Legacy Tree. All qualifying IBO's must maintain current with all customer subscription and IBO obligations, including but not limited to: "paid in full status" on all accounts and orders. In the event that an IBO fails to meet any of these conditions they shall be provided a "cure period" as spelled out herein to qualify. Should an IBO fail to properly cure they will be removed from the Legacy Tree and shall not be entitled to receive any benefits from the Legacy Tree. An IBO may subsequently re-qualify, however, they will not be entitled to placement in the same position as they held prior to their disqualification.
17.5.2. Legacy Tree payments shall be calculated on a monthly to month basis and shall vary by month according to overall company revenues derived. Legacy Tree payments shall be based upon an amount representing approximately 25% of the CV generated from customer memberships and 12.5% of VIP card monies generated in a given month.
17.5.3. "Top Tier Positions" GOODLIFE has undertaken to preserve a certain amount of Top Tier Positions which they will utilize for additional bonus consideration. Qualifying IBO's may be selected by Goodlife to occupy any of these positions for a specified period of time as an additional bonus award. Qualification for these positions shall be based upon specific criteria, including, but not limited to: incentive based contests and awards and achievement of specific training and leadership objectives.
17.6. Ranks and Rewards Programs:
17.6.1. GOODLIFE has established Ranks and Reward Programs provided bonuses and awards for IBO's achieving specific sales goals (Tiger's Eye, Fire Opal, Sapphire, Ruby, Emerald, Diamond, etc.) in which are specifically outlined in promotional, marketing and training materials. Specific qualifying conditions are laid out for each level.
17.6.2. There are 7 separate leader awards, starting with Sapphire through Crown Black Diamond. Each leader award pool receives 1% of all company CV.
17.6.3. An IBO receives a portion of each leader pool based on the number of people in each pool. This is calculated as: 1% of Total CV divided by Total People in the Pool. Everyone in the pool gets an equal share.
17.6.4. Once an IBO qualifies for the next higher rank, they continue to receive 50% of their entitlement from all previous leader pools. As an example: an Emerald level IBO will still receive 50% of their Leader Bonus from the Ruby level, and 50% of their Leader Bonus from the Sapphire level.
17.6.5. Company payment of all bonus awards is based on the continuing sales of our services and are not a guarantee of income.
17.6.6. Monthly bonus awards will fluctuate up and down based on company sales and the number of people in each bonus pool.
17.6.7. There are 3 Ambassador levels: Double Diamond, Triple Diamond, and Crown Black Diamond. Each Ambassador level has a bonus pool, as stated in the Bonus Awards section, it is made up of 14.2% of breakage.
17.6.8. Each bonus pool in the Ambassador levels is shared equally by all IBOs that qualify at that level.
17.6.9. At each of these 3 Ambassador levels you still earn 50% of your Sapphire through Diamond level bonuses.
17.6.10. When you earn an Ambassador rank you will be paid out your equal share of the monthly bonus pool for that level until you have reached the maximum payout. The levels maximum payouts are listed in the table below.
17.6.11. If you reach the Triple Diamond level before your Double Diamond payout has reached its maximum, you will still receive the Double Diamond payments until the maximum has been paid out for that level.
17.6.12. If you reach the Crown Black Diamond level before your Double Diamond and/or Triple Diamond payouts have reached their maximum, you will still receive the Double Diamond and Triple Diamond payments until the maximum has been paid out for those levels.
18.1. Subscription Upgrades and Downgrade - IBO upgrade with customer-subscription - IBO/customer member is permitted to upgrade our downgrade customer subscription status no more than 2 times within the calendar year and will be subject to all applicable charges. Once a an IBO/customer member has downgraded in a given calendar year if they then elect to upgrade within that year they will be subject to as an additional upgrade charge of $50.00 (Fifty Dollars). Customer-subscription may be upgraded or downgraded at any time, customer member is responsible to pay the difference.
18.2. Subscription Cancellations/Refunds - Subscriptions may be cancelled only upon proper notice via U.S. Mail or e-mail to email@example.com and requires a minimum 3 days notice. Cancellations shall then become effective immediately upon receipt. Unused portion of that remaining month subscription fee shall be refunded on a pro-rata basis. There shall be no refunds for the prior months of subscription.
18.3. Termination of Customer-subscription - A customer-member may cancel their monthly subscription at any time by emailing firstname.lastname@example.org. "Notice of cancellation" by customer-member to GOODLIFE must be received within a minimum of 5 business days prior to the close of any given retail bonus pay outs date. Retail Bonus pay periods occur twice monthly on the 15th of any given month as well as the last day of any giving month. Requests submitted after the Retail Bonus period, shall be granted on a pro-rated basis and shall be granted minus payment of any bonuses that have been paid out to the field including, but not limited to the enrollment fee. Before making such a decision be sure to review the Renewal Policy.
18.4. Subscription Cancellations/Obligation to Return Quick Pay Bonus and Other Commissions - In the event of subscription cancellation all monies paid out in Quick Pay Bonuses and other commissions paid out to any IBO's which have arisen from the refunded funds (upon proper cancellation) shall be returned and shall be due immediately.
18.5. Delinquent and Inactive Accounts - customer/ member accounts shall be due and payable on a monthly basis and must be paid in full to remain active. Accounts will be charged on the monthly anniversary date of enrollment. In the event that a card is declined a second attempt will be made 10 days later. If payment is not completed at this point then they shall be determined to be inactive and benefits shall be terminated immediately. Re-enrollment shall be subject to a fee of $25.00.
18.6. In the event that a customer member who is also an IBO become inactive in they will be placed in "IBO only" or "Starter IBO" status and will no longer qualifications for Legacy Tree qualification (unless they are otherwise qualified by meeting the requisite amount of customer member qualification requirements). Further, IBO may lose other bonus entitlements under the compensation plan.
18.7. Maximum of Three Enrollments Per Credit Card - Usage of any one specific credit card for purposes of enrolling either for subscription or IBO shall be limited to no more than 3 (three) enrolments total.
18.8. Collection of Back Dues/Right of GOODLIFE USA to Apply Bonuses and Commissions - If member fails to provide payment for dues and becomes delinquent GOODLIFE USA shall apply any existing monies derived from bonuses or commissions toward payment of these back dues. GOODLIFE USA may continue to apply all said monies until such time as the member becomes current.
18.9. Obligation to Provide Current and Accurate Information - It is the IBO/ member-Customer's responsibility to ensure that all account information is accurate at all times. Failure to do so may result in any or all of the following to occur:
(a) delayed payments;
(b) additional fees or charges being incurred;
(c) bank service charges being incurred;
(d) suspension of benefits;
(e) suspension of benefits and/or payouts;
(f) termination from the company.
18.10. Business Subscribers - Subscribers who are businesses may have no more than 4 designated representatives from that particular business who may utilize the benefits. Each of these members must be provided to GOODLIFE USA in writing. Business member may amend this designation in writing with 15 day notice.
19.1. VIP Club Card Resale - GOODLIFE USA does not allow resale of VIP Club card product under any circumstances.
19.2. VIP Club Card Return Policy - all returns on orders of VIP Club Card product shall be subject to a 20% restock fee. Additionally, IBO shall be responsible to provide for return of product, including cost of shipping where applicable. Shipping cost of original order shall be non-refundable.
19.3. Returns and Refunds - GOODLIFE will refund 100% of the original product purchase price, for unopened containers (minus shipping and commissions earned on account). Refunds must be requested and returned product received by our warehouse within 30 days of initial order date. Customer is responsible for the return Shipping and handling Charges. A Return Merchant Authorization (RMA) number must be requested by contacting Customer Service at email@example.com. Refunds may require up to 3 weeks for processing from the date the product is returned. All additional terms of the buy-back laws of any state jurisdictions will be honored. Additionally, Montana customers who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. In the event of a refusal to accept an order we reserve the right to take appropriate action.
19.4. Card Returns/Restocking Fee - all voluntary returns of card orders for any reason will be subject to a restocking fee of 20% of the total order minus a charge of 20 cents per card for any cards missing or already activated upon return.
19.5. Lost or missing packages - customer must notify us in writing within 30 days of when the order shipped and will process a claim with the shipping agent on their behalf.
19.6. Alteration of VIP Cards Prohibited -VIP cards may not be altered, reproduced, or misrepresented in any way, including but not limited to the images and content without express prior written approval from corporate. All submissions shall be made to corporate at firstname.lastname@example.org and shall have in the subject line: "Submission for Corporate Approval."
19.7. IBO's Prohibited from Using VIP Cards for Personal Use - VIP cards are for use by VIP customer members only and shall not be permitted to be used by an existing IBO or Customer-member for personal usage. (VIP customer member shall be defined as a non-IBO or Silver, Gold or Platinum customer member who has received a VIP Club card through proper means and has activated a VIP card for usage through the VIP Club Card activation site).
19.8. Secondary Usage of VIP Cards - We do not condone, support, or endorse secondary usage of the cards for any purpose whatsoever, this includes but is not limited to charitable donations and various fundraising endeavors.
19.9. Physical Pick-up of VIP Cards at Headquarters or Distribution Center - Pickup of cards is not permitted unless provided specific written permission from a Goodlife executive and said permission is provided prior to pick up.
19.10. Digital and Co-Branded Cards shall be non-refundable.
19.10. Exchange of Digital VIP Cards for Physical Cards and Vice Versa Prohibited - No exchange of digital cards for physical cards or physical cards for digital cards will be permitted under any circumstances
19.11. Damaged goods. The shipping company is responsible for any damage that occurs after it takes physical custody of the goods. An IBO who receives damaged goods should follow this procedure:
(a) Accept delivery.
(b) Before the driver leaves, document on the delivery receipt the number of boxes that seem to be damaged.
(c) Save the damaged products or boxes for inspection by the shipping agent.
(d) Make an appointment with the shipping company to have the damaged goods inspected.
(e) File a claim with the shipping company.
19.12. GOODLIFE is not responsible for any damages or claimed losses due to improperly input activation codes on VIP cards.
19.13. Card orders, card returns, and checks which are not processed due bad addresses which are due to user error may be reprocessed at the customer's expense.
If you've just read these guidelines, you have our appreciation. It means you share our belief in details and quality. We know applying these principles takes time and effort, but the stories we tell in all of our GOODLIFE USA communications will be stronger for it.
If you ever have additional questions about the content herein, our visual identity, its application in design, or otherwise please don't hesitate to contact email@example.com