COMPANY POLICIES & PROCEDURES GUIDE
Effective: JANUARY 1ST 2013.
© 2013 FUTURE GLOBAL VISION INC.
These Policies and Procedures Guide (the "Policies"), in their present form and as amended by FUTURE GLOBAL VISION INC (hereafter "FGV" or the "Company"), are incorporated into, and form an integral part of, the FUTURE GLOBAL VISION Independent Distributor Agreement ( hereafter "I.D" or "Independent Distributor"). The Policies are a helpful reference for "I.D" (INDEPENDENT DISTRIBUTOR) who want to learn more about the way this company and its opportunity works. It includes:
- A Glossary of Key Terms
- Ethical Guidelines
- Contractual Obligations
- The Policies That Relate to Being an Independent distributor
- Placing Orders
- Processing Refunds and Exchanges
- Rules of The Pay Plan
- Managing Your Account
A. Understanding and Incorporation
Throughout these Policies, when the term "Agreement" is used, it collectively refers to the FGV Independent Distributor Application and Agreement (the "Independent Distributor Agreement"), these Policies and the FGV Compensation Plan. These documents are incorporated by reference into the FGV L Independent Agreement (all in their current form and as amended from time to time by FGV). It is the responsibility of each Independent Distributor to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When referring a new Independent Distributor, it is the responsibility of the sponsoring I.D to ensure that the applicant is provided with, or has online access to, the most current [POLICIES & PROCEDURES GUIDE page 2] version of these Policies and the FGV Compensation Plan prior to his or her execution of the I.D Agreement.
Future Global Vision reserves the right to amend the Agreement and its prices at its sole and absolute discretion. By signing the I.D Agreement, a I.D agrees to abide by all amendments or modifications that FGV elects to make. Amendments shall be effective upon written notice to all I.D that the Agreement has been modified. Notification of amendments shall be published in official Future Global Vision materials. The Company shall provide or make available to all I.D a complete copy of the amended provisions by one or more of the following methods:
- posting on the Company's official website
- electronic mail (e-mail)
- inclusion in Company periodicals
- inclusion in product orders or bonus checks
- special mailings
An I.D's Future Global Vision business or a I.D's acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
2. Purpose of Policies
FGV is a direct sales company that markets its products through Independent I.D. It is important to understand that your success and the success of your fellow I.D depend on the integrity of the men and women who market our products and services. To clearly define the relationship that exists between I.D and FGV, and to explicitly set a standard for acceptable business conduct, Future Global Vision has established the Agreement.
FGV's I.D are required to comply with all of the terms and conditions set forth in the Agreement, as well as all federal, state, and local laws governing their FGV business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in these Policies carefully. It explains and governs the relationship [POLICIES & PROCEDURES GUIDE page 3] between you, as an independent contractor and the Company. Please note that the Company and/or its third party administrators charge ongoing fees for the processing and issuance of commissions and bonuses which will be deducted from your commission payments. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from anyone in your upline or Future Global Vision ("FGV").
3. Code of Ethics
FGV is a values-based company that prides itself on the quality and character of its I.D.
The following guidelines help ensure a uniform standard of excellence throughout our organization. Every FGV I.D is required to practice the following ethical behavior when acting in the name of the Company:
- I will be respectful of every person I meet while doing FGV related business
- At all times I will conduct myself and my business in an ethical, moral, legal and financially sound manner. I will not engage in activities that would bring disrepute to FGV, any FGV corporate officer or employee, myself, or other I.D.
- I will not make discouraging, disparaging or untrue statements or claims directed toward the Company, its officers, employees or other FGV I.D. I will ensure that in all FGV business dealings I shall refrain from engaging in negative language and from using any type of slanderous statements, implications or assumptions
- I will be truthful in my representation of FGV products by making no exaggerated claims. I will make it clear that our products do not rebuild, or repair any of the conditions of the vehicle motor, transmission, drive train, rear end, electronic system or devices, vehicle body panels or any other automotive components that may be installed on vehicle. I understand any such claims are strictly forbidden and may be cause for immediate termination
- I will clearly and honestly state the terms of all sales
- I certify that I have willingly, and with personal knowledge, applied to become a Future Global Vision Independente Distributor. I have not provided my name and/or personal information to anyone else by which he or she can enroll my name/business/entity as a I.D in my stead. Furthermore, I will require each prospective I.D I refer to complete the required form(s) to enroll himself or herself via an enrollment method acceptable to FGV [POLICIES & PROCEDURES GUIDE PAGE 4]
- I will provide support and encouragement to my customers to ensure that their experience with FGV is a successful one. I understand that it is important to provide follow-up service and support to my downline
- I will correctly represent all of the commission and bonus plans available through FGV and the income potential represented therein. I will explain clearly that new IBA may never earn any type of financial income of any source from FGV. I will help potential I.D understand that any compensation that they may receive from FGV will be largely based upon their individual efforts, the amount of time they spend developing their FGV business as well as their individual talents; there are no financial guarantees. I understand I may not use my own income or that of my upline as an indication of other's potential success, or use compensation statements as marketing materials; this is forbidden and may be cause for immediate termination
- I will not make negative or disrespectful comments about others direct sales (or MLM or network marketing) companies
- I will not use the name, likeness or endorsement of any celebrity, or other person or entity not approved in writing by FGV in the marketing of my FGV business in any form, whether it be by word of mouth, or printed material of any type; I understand that this is forbidden and may be cause for immediate termination
- I accept and will abide by all of FGV's Policies now and as they may be amended in the future
- I shall safeguard and promote the good reputation of FGV and its products. The marketing and promotion of FGV, the FGV opportunity, the FGV Compensation Plan, and FGV products by me shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices
Each I.D must conduct his or her business with the highest standards of honesty and integrity. The Company prohibits a I.D from participating in any activity that is unethical, as determined by the Company, at its sole discretion. I.D shall not make negative, disparaging, untrue or misleading comments about the Company, its owners, directors, officers, employees, other I.D of the Company or any other company or such company's products.[POLICIES & PROCEDURES GUIDE PAGE 5]
An I.D may not engage in any activities that may cause harm to the Company or any other I.D of the Company.
4. Your Relationship with the Company
A. I.D Definition
I.D are independent contractors, and are not purchasers of a franchise or a business opportunity. You have contracted to purchase and resell FGV products and to refer potential I.D to your replicated FGV website as set forth in these Policies. You are not an agent, employee, partner, or joint venture with the Company. The Company is not responsible for payment or co-payment of any employee benefits. You are responsible for any liability, health, disability, workers' compensation and other insurance they choose to obtain. An I.D shall not be treated as an employee for his or her services or for Federal or State tax purposes. You may not represent yourself as anything other than an I.D. All cards, letterheads, signs, advertising materials, and verbal conversations, etc. used to promote businesses must make it clear that you are an I.D. You have no authority (expressed or implied) to bind the Company to any obligation. All I.D are responsible for paying local, state, and federal taxes, self-employment and all other applicable taxes due from all compensation earned as a I.D of the Company. You must obey any federal, state, and local laws, as well as company rules and regulations pertaining to your independent Future Global Vision I.D Agreement as well as the acquisition, receipt, holding, selling, distributing or advertising of FGV's products or opportunity. Each Independent Distributor shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the I.D Agreement, these Policies, and applicable laws.
To become a FUTURE GLOBAL VISION I.D, each applicant must:
- Submit a properly completed I.D Agreement to FUTURE GLOBAL VISION through the online INDEPENDENT DISTRIBUTOR enrollment process
- Purchase a non-refundable FGV business kit (optional in North Dakota)
- Be of the age of majority in his or her state of residence; (However, if you are 16 or 17 years of age, you may enroll as a secondary applicant on an I.D account, listing your parent(s) as the [POLICIES & PROCEDURES GUIDE PAGE 6] primary applicant. The account must be listed under your social security number, and your parent may not have more than one account.)
- Reside in the United States or U.S. Territories or in a country in which FGV has officially announced that it is open for business
- Have a valid social security, federal tax ID number or the official federally issued number
B. Date of Acceptance
An applicant becomes an approved I.D on the date the I.D Agreement is received and accepted by the Company.
C. Company Week and Month Time Period
All I.D Agreements will be credited to the first or second payment period in which they are received and accepted by FGV. Our WEEKLY an MONTHLY period runs from the first to the thirtieths of calendar month 12:00 AM Pacific Time to 11:59 PM Pacific Time.
D. Application Submission
FGV is not responsible for delays in the processing of I.D Agreements. When you complete and submit our online enrollment form on the website, please do not follow with a hardcopy by mail. Multiple agreements received for the same I.D account will delay the processing time of your I.D Agreement.
E. Bonus Period Inclusion
A person must become an approved I.D by the last day of a bonus period in order to be included in that period bonus and qualification computations. All accepted I.D Agreements will be credited to the period during which the I.D Agreement is accepted.
F. Approved Legal Entities as Future Global Vision I.D
A corporation, partnership, limited liability company or trust (a "Business Entity") may become a FGV I.D. Business Entities must submit certified copies of their formation documents and attest to the management and ownership of the Business Entity or, in the case of a trust, the name of the Trustee and the Beneficiaries. The Business Entity must also submit certificate of [POLICIES & PROCEDURES GUIDE PAGE 7] good standing from the jurisdiction in which it was formed. All of these documents must be submitted within 30 days of the acceptance of the Business Entity's I.D Agreement. The authorized officer, agent or trustee must sign the I.D Agreement. The actions of the shareholders, members, managers, officers, directors, partners, agents or employees, as applicable (the "Principals"), which do not conform to FGV's Policies, shall be attributable to the Business Entity.
G. Marriage Between I.D and I.D Positions
If you are an established I.D and you marry another established Independent I.D, each of you may each retain your separate I.D positions.
H. Annual Renewal Fee
Except where prohibited by law, you are required to purchase a business kit ($19.95 nonrefundable, annual fee) at the time of submission of your I.D Agreement to FGV. The term of your I.D Agreement is one year from the date of its acceptance by FGV (subject to reclassification for inactivity after six months as outlined in our Compensation Plan.).
IBA must renew their IBA Agreement by paying a non-refundable annual renewal fee of $19.95 on or before the anniversary date of their I.D Agreement. If your renewal fee is not paid within 30 days after the expiration of the current term of your I.D Agreement, your I.D Agreement may be terminated. I.D will be notified via email and/ or may elect to utilize the Automatic Renewal Option.
Under the Automatic Renewal Option the renewal fee may be:
- Deducted from the I.D's commissions for the anniversary month of his/her I.D Agreement
- Charged to the credit card or checking account on file
I. Submission of Incorrect or Invalid Information
A I.D Agreement that is incomplete, incorrect, or fraudulent in any respect or filed in the wrong country will be invalid and of no force or effect. An applicant or I.D is prohibited from submitting any false or inaccurate information to the Company. The Company expressly reserves the right to immediately terminate the I.D Agreement and declare it void from its inception, if the Company determines that false or inaccurate information was provided by the [POLICIES & PROCEDURES GUIDE PAGE 8] I.D. If an I.D fails to provide the required documentation, the Company may declare a I.D Agreement void from its inception. A I.D must inform the Company of any changes affecting the accuracy of the I.D's information provided in the I.D Agreement or Business Entity Form.
J. Amended I.D Agreement Guidelines
Any proposed change to the I.D's personal information must be submitted on a new I.D Agreement or Business Entity Form with the word "Amended" written across the top, and must be signed by all parties to the I.D Agreement and returned to the Company for approval. The I.D Agreement may not be amended without the express written approval of the Company. The Company may, at its discretion, charge a fee to change any I,.D Agreement information, except for a change of address, telephone number, or the correction of clerical errors.
K. Receiving New I.D Agreements Guidelines
Future Global Vision's Compliance Department requires that each new I.D complete and submit his or her own I.D Agreement online to ensure expediency in processing, and the easiest way of accomplishing this is through his or her sponsor's FGV Virtual Office. The enrollment of individuals or entities without their knowledge of and/or execution of a Independent Distributor Agreement; or the enrollment or attempted enrollment of non-existent individuals or entities as I.D or retail customers or other fraudulent enrollments are prohibited. The Company prohibits the use of monetary incentives, promotion prices or bonuses for the purpose of recruiting new I.D.
L. I.D Communication Responsibilities
- Use of Company-Approved Statements. I.D must use only Company-approved statements when discussing or explaining FGV products, business, or Compensation Plan. An I.,D is fully responsible for all other of his or her verbal and written statements made regarding Future Global Vision products, services, and the Future Global Vision Compensation Plan which are not expressly contained in official Future Global Vision materials. [POLICIES & PROCEDURES GUIDE PAGE 9]
- No Repair of Rebuild Claims or Testimonials. No claims and personal testimonials as to repair and rebuild, or any other fixture beneficial properties of any products offered by FGV may be made except those contained in official FGV literature. In particular, no I.D may make any claim that FGV products are useful in the rebuilding or repairing any of the vehicle , or machinery components. Such statements can be perceived as a exaggerated claims. Not only do such claims violate FGV Policies, but they violate federal and state laws and regulations and Cosmetic Act and Federal Trade Commission Act
- No Earnings Claims. Because FUTURE GLOBAL VISION I.D do not have the data necessary to comply with the legal requirements for making income claims, a I.D, when presenting or discussing the FGV opportunity or the FGV Compensation Plan to a prospective I.D, may not make income projections, income claims, or disclose his or her FGV income (including the showing of checks, copies of checks, bank statements, or tax records). I.D must notify potential referrals that they indeed may earn no income or compensation of any source at all. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY COMPANY PRODUCT OR SERVICE. INDIVIDUALS RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUAL'S SPECIFIC EFFORTS AND ACTIONS
M. Confidential And Proprietary Information
During the term of the I.D Agreement, FGV may supply to I.D confidential information, including, but not limited to genealogical reports, customer lists, I.D lists, customer and I.D profiles and product purchase information, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which FGV may deem as confidential. All such information (whether in written or electronic form) is proprietary and confidential to FGV and is transmitted to I.D in strictest confidence on a "need to know" basis for use solely in I.D' business with FGV. I.D must use their best efforts to keep such information confidential. I.D must not use the information to compete with FGV or for any purpose other than promoting FGV's business and its products and services. [POLICIES & PROCEDURES GUIDE PAGE 10]
N. Internet Domain Name Restrictions
I.D may not use or attempt to register any of FGVs trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof ("Proprietary Marks"), for any Internet domain name.
O. Company Material Usage Guidelines
FGV will not allow the use of its Proprietary Marks or copyrighted materials by any person, including FGV I.D, without its prior, written permission. I.D may not produce for sale or distribution any recorded Company events and speeches without written permission from FGV nor may I.D reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.(Further, refer to Section 9.A)
From time to time, FGV or its third-party administrator may charge fees for various services it provides, including fees for processing and issuing commission payments. Please check our website and other Company materials for specific information concerning such fees. These fees may be deducted against commission payments.
5. International Marketing
FGV limits the resale of FGV products and services, and the presentation of the FGV business to prospective customers and I.D located within the United States and U.S. Territories and those other countries that the Company has announced are officially opened for business. Accordingly, I.D are authorized to sell FGV products and services, and enroll Customers or I.D only in the countries in which FGV is authorized to conduct business, as announced in official Company literature. FGV products or sales aids cannot be shipped into or sold in any foreign country until so authorized in writing by the Company. I.D may sell, give, transfer, or distribute FGV products or sales aids only in their home country. In addition, no I.D may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or I.D; or (c) conduct any other activity for the purpose of selling FGV products, establishing a marketing organization, or promoting the FGV opportunity. POLICIES & PROCEDURES GUIDE PAGE 11
6. Actions of Household Members or Affiliated Individuals
If any member of a I.D's immediate household engages in any activity which, if performed by the I.D, would violate any provision of the Agreement, such activity will be deemed a violation by the I.D and FGV may take disciplinary action pursuant to the Policies against the I.D. Similarly, if any Principal or other individual associated in any way with a Business Entity violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and FGV may take disciplinary action against the Business Entity.
7. Purchasing Products
- You are not required to purchase any product in order to be a FGV I.D.
- Only authorized Independent I.D of FGV may purchase FGV products for resale
- All orders MAY be accompanied by proper payment including all applicable Shipping /Handling fees and sales tax
- An order transaction is considered complete only when the order has been paid for and the shipping or delivery method has been satisfied. If these conditions are not met within 90 days from the date of order, the Company reserves the right to determine the final outcome of the order at its sole discretion, and the ordering I.D releases FGV from any further obligation or liability
B. Purchases for Consumption or Resale
The FGV program is built on retail sales to the ultimate consumer. FGV encourages its I.D to only purchase inventory that they and their family will personally consume, will be used as a sales tool, or which will be resold to others for their ultimate consumption. FGV retains the right to limit the amount of purchases you may make if, in our sole judgment, we believe those purchases are being made solely for qualification purposes instead of for consumption or resale. In addition, no person is permitted to make a personal order in a I.D's virtual office without written permission from the I.D. This written permission must be on file with FGV. A Retailer shall not use another person's credit card when placing [POLICIES & PROCEDURES GUIDE PAGE 12] orders or place an order for a retail customer using the I.D's credit card. The purchase of products on behalf of another I.D or retail customer or through another I.D's or retail customer's ID number is prohibited. No I.D may advance money or promise reimbursement to a prospect in order to solicit them to purchase products.
C. 70% Rule
Each FUTURE GLOBAL VISION I.D commits to personally use, sell, or use in business building at least 70% of every order placed with FGV prior to placing another order. Purchasing product solely for the purpose of collecting bonuses is prohibited. No bonuses, commissions or other compensation may be paid to any I.D unless it is based on the sale of FGV products to end users. The Company reserves the right to retract commissions paid if it is discovered by the Company to be generated on fraudulent sales.
D. I.D Sale Documentation
All I.D must provide their retail customers with a receipt from a receipt book at the time of the sale. These receipts set forth the customer satisfaction guarantee set forth in Section 11. A. as well as any consumer protection rights afforded by federal or state law. I.D must maintain all retail sales receipts for a period of three years and furnish retail receipts to FGV at the Company's request. Records documenting the purchases of I.D' preferred customers will be maintained by FGV. In addition, I.D must orally inform the buyer of his or her cancellation rights. I.D sales must comply with the FTC Three-Day Cooling-Off Rule, which requires statutory language and notice of cancellation rights on the retail sales receipt. The retail receipt must have the following language on it: "You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction." Failure to do so by the I.D constitutes a breach of the Agreement and entitles the Company to recoup any commissions paid for orders in a week for which retail sales documentation is not provided.
E. Autoship Guidelines
You can ensure that you receive a monthly shipment of our products by enrolling in Autoship.
- Your Autoship should be for a minimum of $39.95 + $19.95 ( product purchase and website ) every 28 days to assure that you remain "Active" and that you are eligible for ongoing commissions and bonuses. (Refer to the POLICIES & PROCEDURES GUIDE PAGE 13 Compensation Plan for details); being on Autoship also eliminates the inconvenience of placing monthly orders manually
- Autoship orders run on a calendar month. Your order will be processed on the same day every month. The date of your Autoship can be changed in the Virtual Office or by emailing FGV's I.D Support at: email@example.com. If you change your Autoship date, it may be necessary to place an additional order to remain "Active." (I.D who wish to participate in the Compensation Plan and receive override commissions will need to obtain the Customer ratio required in the Compensation Plan.)
- You may deactivate or reactivate your Autoship order at any time
- Sponsors may not set up an Autoship order on behalf of their new personally referred I.D without written permission from the enrolling I.D. Permission must be on file with the Company Compliance Department
8. Product Sales
A. Mass Sales Mediums
FUTURE GLOBAL VISION products may not be sold or promoted through catalogues or other mass sales mediums, such as infomercials, television, radio or on any website where an auction is the mode of selling. Internet retail sales may be made only on FGV approved websites.
B. Retail and Service Establishments
FUTURE GLOBAL VISION products may not be sold or promoted through retail establishments. You may, however, sell FGV sales aids and products through service establishments. These service establishments must require a membership and/or appointment, and the services performed must be product related.
Only FGV-produced or FGV-approved literature, banners, or signage may be displayed on a shelf, counter, or wall. These signage items must not be visible from the outside of the establishment.
D. Geographical Approved Locations
POLICIES & PROCEDURES GUIDE PAGE 14. You may not sell FGV products or promote the business opportunity in countries or territories that have not been officially opened by FGV Corporate Headquarters. Nor may you export or sell directly or indirectly to others who export FGV's products, literature, sales aids or promotional material relating to FGV, its products or the Future Global Vision program from the United States, or its possessions or territories to any unauthorized country. Any violation of this rule constitutes a material breach of this Agreement and is grounds for immediate termination of the I.D position.
E. Sales Tools
- Usage of Company Sales Tools and Support Materials. To promote both the products and services, and the tremendous opportunity FGV offers, I.D should use the sales tools and support materials produced by FGV. The rationale behind this requirement is simple. FGV has carefully designed its products, product labels, the FGV Compensation Plan, and promotional materials to ensure that each aspect of FGV is fair, truthful, substantiated, and complies with the vast and complex legal requirements of federal and state laws
- Use of Endorsements. The use of names, images, testimonials and endorsements of any person or organization, including celebrities, high profile figures or sports or educational organizations, in any oral or written sales and promotional activities or materials, including, without limitation, a replicating website, is strictly prohibited, except as specifically authorized in writing by the Company. The FGV websites contains information about individuals or entities who have officially endorsed our products. You may only use the exact text or content of the Company's website on your replicated website. As noted on the website, FGV has an impressive list of individuals using its products. If you have any questions regarding product endorsement on your replicated website, please contact firstname.lastname@example.org
- Submit Self Created Material To Company For Approval. I.D must submit all written sales tools, promotional materials, advertisements, and other literature to the Company for written approval prior to use, including, without limitation, any material which use the [POLICIES & PROCEDURES GUIDE PAGE 15] Company's Proprietary Marks or Copyrighted Materials. Unless the I.D receives specific written approval to use such tools, the request shall be deemed denied
- Sales To Other IBA Not Permitted. FGV will not permit I.D to sell non-corporate produced sales aids or training programs to other FGV I.D. Therefore, I.D who receive authorization from FGV to produce their own sales aids or training programs may not sell such materials or programs or charge for attendance to any other FGV I.D. Non-corporate sanctioned trainings or seminars or other fee-based training of any kind is prohibited and may result in the termination of all I.D involved. Prohibited training activities include, but are not limited to, recruiting, speaking, hosting or sponsoring such trainings or seminars. I.D may make approved trainings available to other I.D free of charge if they wish, but may not charge other FGV I.D for the materials or training, unless said I.D have received express written permission from FGV for each individual sales aid or training. FGVE further reserves the right to rescind approval for any sales tools, trainings, promotional materials, advertisements, or other literature, and I.D waive all claims for damages or remuneration arising from or relating to such rescission. A I.D may charge up to $10.00 per person for training solely to assist in payment of the cost of the training space
F. Product Sales Tax
In designing the FGV opportunity, one of our guiding philosophies has been to free I.D from as many administrative, operational, and logistical tasks as possible. In doing so, IBA are free to concentrate on those activities that directly affect their incomes, namely product sales and enrollment activities. Where permitted by law, as an additional service to our I.D, however FGV is no held liable in any way shape or form for the I.D responsibilities and duties of collecting and remitting sales taxes, filing sales tax reports, and keeping records relative to sales taxes by virtue of the I.D business operations.
We make the assumption that all of the product that you order will be resold at the suggested retail price. Accordingly, FGV it is not their responsibilities to collect nor to pay the taxes due to the authorities of the I.D or of the end consumer.
Registration License, or resale certificate, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the IBA. If you elect to provide such documents, you agree to indemnify and hold FGV harmless regarding any liability that we are charged as a result of your failure to collect or remit sales taxes. You [I.D]will be responsible for tracking and reporting all sales and sales taxes due.
9. Advertising and Use of Company Name
A. Use of Company Proprietary Marks and Copyrights
You may not use any of our Proprietary Marks and copyrighted materials or any of our written, printed, recorded or other types of intellectual property in advertising, promoting or describing FGV's products or marketing program. Any right to use the Company's Proprietary Marks and copyrighted materials by a I.D is non-exclusive. The Company has the right and sole discretion to grant others the right to use such Proprietary Marks and copyrighted materials. Any and all goodwill associated with the Proprietary Marks and copyrighted materials (including goodwill arising from a I.D's use) inures directly and exclusively to the benefit of the Company and is the property of the Company. On expiration or termination of the I.D Agreement, no monetary amount shall be attributable to any goodwill associated with any I.D's use of the Proprietary Marks or copyrighted materials. I.D must abide by all trademark and copyright restrictions and protections. However, if you have achieved the rank of FOUNDING PARTNER you may submit to FGV such an item. Before being disseminated, published or displayed, this item must be reviewed and approved in writing by FGV. All approved items must bear the FGV Review Seal.
B. I.D's Product Pricing
I.D are not permitted to advertise FGV on approved websites for less than the highest retail price, as indicated by the most current version of the FGV Price List. Violation of this [POLICIES & PROCEDURES GUIDE PAGE 17] policy will result in disciplinary action up to and potentially including the loss of your business center.
C. I,D's Statement Responsibility
You [I.D] are responsible for any verbal and written statements you make regarding FGV's products and Compensation Plan that are not expressly contained in writing in the current I.D Agreement, or advertising or promotional materials supplied directly by us. You must indemnify FGV and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business we incur as a result of any unauthorized representation that you make.
D. Product Claims/Warranty Disclaimer
IBA MAY MAKE NO CLAIM, REPRESENTATION OR WARRANTY CONCERNING ANY PRODUCT OR SERVICE OF THE COMPANY, EXCEPT THOSE EXPRESSLY APPROVED IN WRITING BY THE COMPANY OR CONTAINED IN OFFICIAL THE COMPANY MATERIALS. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP OR ANY OTHER WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING CONCERNING ANY PRODUCT OR SERVICE PURCHASED FROM OR THROUGH THE COMPANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES, ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." THE COMPANY DOES NOT WARRANT THAT ITS PRODUCTS OR SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT ON-LINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, INDIRECT, DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS INCURRED OR SUFFERED BY A IBA OR PURCHASER OF ITS PRODUCTS OR SERVICES, OR ANY USE OR MISUSE OF SUCH PRODUCTS OR SERVICES, WHETHER IN ARISING CONTRACT, TORT OR STRICT LIABILITY. IT IS EXPRESSLY [POLICIES & PROCEDURES GUIDE PAGE 18] AGREED THAT ANY DAMAGES TO A IBA OR PURCHASER SHALL NOT EXCEED AND IS EXPRESSLY LIMITED TO THE AMOUNT PAID TO THE COMPANY BY SUCH IBA OR PURCHASER.
- Company Self-Replicating Sites. FGV maintains an official corporate website and makes available a self-replicating website for all I.D. I.D may not use FGV's name or Proprietary Marks on or insert any country reference in the domain name of their replicated websites and may only use the Proprietary Marks on the self-replicating website as authorized by the Company. These sites can be personalized with your own message and contact information. I.D personalizing the replicated website: (a) must use the text without alteration of the Company's official website; and (b) may not supplement the content of his or her website with text from any source other than the Company. If a I.D wishes to develop another website to use in connection with its business, the IBA must get FGV's prior written approval, which may be withheld in its sole discretion, and any such use shall be subject to the restrictions and/or fees imposed by FGV. Once approved, the Company may conduct periodic subsequent reviews, and approval for such use may be withdrawn at any time for any reason, at the sole discretion of the Company
- Personal Websites. If you have a personal website, you may not promote or market your FGV business or use FGV's Proprietary Marks, copyrighted materials, photographs or graphic likeness of products, etc. on such website. This prohibition extends to (by way of example, and not limitation) the use of FGV Proprietary Marks (or any derivations or alternate spellings thereof) in key word or meta tag list, or the like, or in any URL or email address. You may not use a redirect option on any Future Global Vision INC. website that has not been approved by the Company. Under no circumstances is the FGV name or any derivative of the FGV name allowed to appear in a URL
- Online Forum Guidelines. A IBA shall not use online blogs, chat rooms, social networks, online auctions sites, or any other online business or social networking site or forum, including, without limitation, on Ebay, Facebook, MySpace, Craig's List to market, sell, advertise, promote, or discuss FGV's products or services or the FGV opportunity unless the I.Dhas received prior written permission from FGV. (Discussions of FGV's products or services are allowed on the official FGV forum
- General Rules for Website Use. When using the replicated websites or independent Websites, I.D must abide by the guidelines set forth by the Company. I.D may 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 sponsor I.D. I.D sharing personal information collected on-line must provide individual consumers with an opportunity to prohibit the dissemination of such information, and if any consumer requests that his or her personal information not be shared, I.D must refrain from sharing such information. I.D must provide individual consumers the option to terminate any further communication between I.D and the consumer and if requested, the I.D shall immediately stop communicating. I.D 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. All communications must respect the rights, opinions and sensitivities of others. Subjects not in support of the operation of a I.D's business, such as religious, political or social commentary should be avoided. A I.D may not use "blind" ads on the Internet that make product or income claims which are ultimately associated with the Company services, the Company opportunity, or the Company Compensation Plan. I.D may not distribute content that is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or which could give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. I.D must abide by all laws and regulations regarding electronic communications.
F. I.D Created Sales Tools and Training Materials
Creation of FGV sales tools and training materials is limited to National Executive or above, and only with prior written authorization from FGV Corporate. None may be used in any manner [POLICIES & PROCEDURES GUIDE PAGE 20] without the proper authorization and review by the Company. You remain fully and solely liable for the content of any sales tool you may produce.
G. Spamming Restrictions
You may not spam. Spamming includes, but is not necessarily limited to:
- Sending unsolicited email messages that contain any email or web addresses from your account to online users
- Posting messages that contain your service address in newsgroups that are unrelated to your products or service
- Creating false "from sources" in an email message, or newsgroup posting with your service address, thereby giving the impression that the message originated from FGV or its network of Independent I.D.
- Sending unsolicited emails to lists of people that are not within your downline or with whom you have no prior business or personal relationship
H. FGVE Related Broadcasts
All FGV-related email broadcasts must only be sent to your downline I.D and must be sent through the FGV Scheduler system for forwarding. Email must not contain any false representations, income claims, or testimonials. All business/product content must be preapproved and found in FGV's corporate literature.
The following activities are prohibited:
- Automatic calling devices or "boiler room" operations
- Email broadcasts (must be sent through the FGV Scheduler)
- Fax broadcasts
You may not answer the phone using the name FGV nor may you imply you are more than an I.D. You may list your name in the Yellow and/or White Pages as long as it clearly states that you are an I.D. [POLICIES & PROCEDURES GUIDE PAGE 21]
J. Advertising Guidelines
If you advertise via newspaper or other advertising venues, the following rules apply:
- No advertisement may imply that a job or position is available
- No specific income can be promised
- Advertisements may not contain references to FGV or its products
- You may not use any of Future Global Vision's Proprietary Marks or copyrighted materials. Any requests for variances from the above rules must be submitted to FGV and approved in writing prior to publication. Please direct any inquiries to email@example.com. Please mail or fax proposed advertisements to the attention of the Compliance Department
K. Repackaging Restriction
Under no circumstances may you print your own labels. Products only are to be sold or distributed as samples in their original packaging or in alternate packaging provided by FGV.
When using alternate packaging purchased from FGV, the individual products being repackaged are not to be altered in any manner and no unauthorized labeling or content may be added.
L. Trade Show Guidelines
FGV can't be displayed or sold at trade shows without written authorization from the Compliance Department. In order to obtain a booth and secure exclusive rights, we must receive the Trade Show Request form for participation at least two weeks prior to the show. We will only allow one booth representing our Company and products per show. Only FGV products and/or opportunity may be offered in the trade show booth. Only FGV produced marketing materials may be displayed or distributed. Approval will not be given for swap meets, garage sales, flea markets or farmer's markets as these events are not conducive to the professional image FGV wishes to portray.
M. Media Inquiries
POLICIES & PROCEDURES GUIDE PAGE 22. You must refer any media inquiries immediately to FGV Corporate. Any I.D that violates this rule is subject to immediate termination.
N. Testimonial Endorsement
You confirm that the information you give as a testimonial endorsement, or as represented in a photograph, video or audio is true and accurate to the best of your knowledge. You waive any right you may have to inspect or approve the finished or unfinished product(s), the advertising copy, printed, recorded, photographic or video matter which may be used in connection with it or any use that may be made of it. I.D grants to the Company and its affiliates and agents the absolute, perpetual, worldwide right and license, but not the obligation, to use, reproduce, exhibit and display for all purposes I.D's name, testimony, biographical information, photograph, likeness, images and/or recorded voice and other information provided by I.D (collectively, the "Likeness") in marketing, promotional and advertising television or radio broadcasts, videos, audiotapes, brochures, on the Internet and/or in other printed or media materials of the Company for an unlimited number of times, in perpetuity, without compensation. I.D releases the Company, its affiliates and agents from any liability or obligation that may arise as a result of the use of I.D's Likeness, including without limitation, claims for invasion of privacy, infringement of any right of publicity, and defamation (including libel and slander).
O. Hold Harmless Agreement
You agree to release and discharge FGV and its successors, assigns, employees, and agents, from any and all liability, monetary compensation, claim and/or demand arising out of or in connection with the creation and the use of any photograph, video, audio, or endorsement, including any claim for defamation.
10. General Information
A. Entity Changes
FGV reserves the right to approve and disapprove any change you propose to make to your business name or structure, the formation of Business Entities, estate planning, and limited liability purposes. Before we can approve such a change, you must complete a new I.D [POLICIES & PROCEDURES GUIDE PAGE 23] Agreement form and file it with us outlining the proposed change and the reasons for the proposed change.
B. I.D's Successors In the event that an I.D dies or becomes incapacitated, that I.D's downline will pass to the benefit of the I.D's successors in interest. It is the responsibility of the successors to notify FGV, in a timely manner, of the death or incapacity of a I,D by letter. The letter must be written and signed by the executor of the estate or next of kin. Further, the successors must make a written application for the transfer and agree in writing to abide by our then current Policies. The successors must meet all I.D qualifications.
C. Change of Sponsor
A change in sponsor is permitted if the IBA making the request can provide adequate reason for the move. To protect the integrity of all marketing organizations and safeguard the hard work of all I.D, FGV strongly discourages changes in sponsorship. Maintaining the integrity of sponsorship is critical for the success of every I.D and marketing organization.
Accordingly, the transfer of a FGV business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the I.D Services Department, and must include the reason for the transfer. FGV Corporate has the final word in approving or disapproving any such request. Transfers will only be considered in the following three circumstances:
- Misplacement. In cases in which the new I.D is referred by someone other than the individual he or she was led to believe would be his or her upline, a I.D may request that he or she be transferred to another organization with his or her entire marketing organization intact. Requests for transfer under this policy must be made by 12:00 Noon (Pacific Time) the next business day after enrollment and the I.D requesting the change has the burden of proving that he or she was placed beneath the wrong person
- Upline Approval. The I.D seeking to transfer submits a properly completed and fully executed Referral Transfer Form which includes the written approval of his or her immediate seven (7) upline I.D (in the line of sponsorship). Photocopied or facsimile signatures are not acceptable. All I.D signatures must be notarized. The I.D who requests the transfer [POLICIES & PROCEDURES GUIDE PAGE 24] must submit a fee of $150.00 for administrative charges and data processing. If the transferring I.D also wants to move any of the I.D in his or her marketing organization, each downline I.D must also obtain a properly completed Sponsorship Transfer Form and return it to FGV with the $150.00 change fee (i.e., the transferring I.D and each I.D in his or her marketing organization multiplied by $100.00 is the cost to move a FGVbusiness— FGVE will consider capping the Referral transfer fee on a case-by-case basis.) Downline I.D will not be moved with the transferring I.D unless all of the requirements of this paragraph are met. Transferring I.D must allow thirty (30) days after the receipt of the Referral Transfer Forms by FGV for processing and verifying change requests. In cases wherein the appropriate referral change procedures have not been followed, and a downline organization has been developed in the second business developed by an I.D, FGV reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, I.D waive any and all claims against FGVE that relate to or arise from FGV's decision regarding the disposition of any downline organization that develops below an organization that has improperly changed lines of sponsorship
- Cancellation and Re-application. A participant in this network marketing Compensation Plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the I.D's signature, printed name, address, and I.D I.D. Number. If the I.D was enrolled in the Autoship Program, his or her participation in the Autoship Program will also be automatically canceled. Therefore a I.D may legitimately change organizations by voluntarily canceling his or her FGV business and remaining inactive (i.e., no purchases of FGV products for resale, no sales of FGV products, no sponsoring, no attendance at any FGV functions, participation in any other form of I.D activity, or operation of any other FGV business) for six full calendar months. Following the six month period of inactivity, the former I.D may reapply under a new sponsor
POLICIES & PROCEDURES GUIDE PAGE 25. A I.D may also voluntarily terminates his or her IBA Agreement by failing to renew the Agreement within 30 days after the anniversary date. The Company may also elect not to renew a I.D's Agreement upon its anniversary date.
E. Cross Sponsoring Actual or attempted cross sponsoring is strictly prohibited
You may not directly or indirectly sponsor or attempt to sponsor anyone from another FGV sales group (downline or upline) or who has been recruited on introduced to FGV by another I.D into your network or into any other MLM or network marketing or direct sales organization. Nor may you directly or indirectly introduce other business opportunities to any FGV I.D except those whom you have personally contacted and/or sponsored (referred). Violation of these policies is grounds for immediate termination from FGV. It may also give rise to other claims for unauthorized use of our confidential information. The use of a spouse's or relative's name, trade names, DBAs, assumed names, Business Entities, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. I.D shall not demean, discredit or defame other FGV I.D in an attempt to entice another I.D to become part of the first I.D's marketing organization. If cross sponsoring is discovered, it must be brought to the Company's attention immediately. FGV may take disciplinary action against the I.D that changed organizations and/or those I.D who encouraged or participated in the cross sponsoring. FGV may also move all or part of the offending I.D's downline to his or her original downline organization if the Company deems it equitable and feasible to do so. However, FUTURE GLOBAL VISION is under no obligation to move the cross sponsored Independent Distributor's downline organization, and the ultimate disposition of the organization remains within the sole discretion of FGV. I.D waive all claims and causes of action against FGV arising from or relating to the disposition of the cross sponsored I.D's downline organization.
F. Corporate Office Visit Policy
You may visit our offices only at designated times. You must make an appointment in advance to arrange any such visit. At the time of the visit, you will be required to sign in at the front desk immediately after entering the office. A Company employee must accompany you at all times you are in the Company offices. [POLICIES & PROCEDURES GUIDE PAGE 26]
G. Company Protocol
I.D are not to ask FGV employees for opinions and/or suggestions in regards to their personal business. FGV and its employees cannot be held responsible for any advice given, as it is up to the I.D to build and manage his/her own successful business.
H. Resigning I.D Re-Entry Guidelines
An I.D who chooses to resign his or her account may not re-enter in FGV for six months. If the spouse of the resigning affiliate is not currently a I.D, the spouse will be subject to the same six month restriction that applies to a resigning I.D. If the spouse is a FGV I.D, his or her I.D account will be treated as a separate independent entity.
I. Ongoing Sales Responsibilities Regardless of their level of achievement, I.D have an ongoing obligation to continue to assist those in their downline, personally promote sales through the generation of new customers and through servicing their existing customers.
J. Compensation Plan
I.D must adhere to the terms of the FGV Compensation Plan as set forth in official FGV literature.
K. Sale, Transfer or Assignment of FGV Business
An I.D's business may be sold only after FGV corporate has approved the request in writing, which may be withheld in its sole discretion. The sale, transfer or assignment of a FGV business is subject to certain limitations. If a I.D wishes to sell his or her FGV business, the following criteria must be met:
- Protection of the existing line of sponsorship must always be maintained so that the FGV business continues to be operated in that line of sponsorship
- The buyer or transferee must become a qualified FGV I.D. If the buyer is an Active FGV I.D, he or she must first terminate his or her FGV business and wait six calendar months before acquiring any interest in the seller's FGV business. [POLICIES & PROCEDURES GUIDE PAGE 27]
- Before the sale, transfer or assignment can be finalized and approved by FGV, any debt obligations the selling I.D has with FGV must be satisfied
- The selling I.D must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a FGV business. Prior to selling a FGV business, the selling I.D must notify the I.D Services Department of his or her intent to sell the FGV business. No changes in line of sponsorship can result from the sale or transfer of a FGV business. An I.D may not sell, transfer or assign individual business centers or positions; if a business is sold, transferred or assigned, all business centers and positions must be included in the transaction. The selling I.D must submit a properly completed Transfer of Ownership Form and a $250.00 transfer fee to FGV to initiate the transfer process
L. FGV Business Entity Dissolve or Separation Policy Guidelines
FUTURE GLOBAL VISION INDEPENDENT DISTRIBUTOR sometimes operate their FGV businesses as husband-wife partnerships or Business Entities. At such time as a marriage may end in divorce or a Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other I.D and the Company in a timely fashion, FGV will involuntarily terminate the I.D Agreement. During the divorce or Business Entity dissolution process, the parties must adopt one of the following methods of operation:
- One of the parties may, with consent of the other(s), operate the FGV business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize FGV to deal directly and solely with the other spouse or non-relinquishing Principal
- The parties may continue to operate the FGV business jointly on a "business-as-usual" basis, whereupon all compensation paid by FGV will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format as set forth above. Under no circumstances will the downline [POLICIES & PROCEDURES GUIDE PAGE 28] organization of divorcing spouses or a dissolving Business Entity be divided. Similarly, under no circumstances will FGV split commission and bonus checks between divorcing spouses or members of dissolving entities. FGV will recognize only one downline organization and will issue only one commission check per FGV business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the I.D Agreement shall be involuntarily terminated. If a former spouse has completely relinquished all rights in the original FGV business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of Business Entity dissolutions, the former Principal who retains no interest in the business must wait six calendar months from the date of the final dissolution before reenrolling as a I.D. In either case however, the former spouse or business affiliate shall have no rights to any I.D in their former organization or to any former retail customer. They must develop the new business in the same manner as would any other new I.D.
11. Company Refund Policy and Errors and Omissions
A. Return Policy Guidelines
FGV offers a 30-day retail guarantee of satisfaction. A retail customer who purchases our product is given a 30-day window from receiving of goods to apply for a refund, less shipping and handling. If after using our product, a retail customer decides to return the unused product for a refund, FGV offers this money back guarantee on all products (minus any sales tools), providing the following requirements are met:
- Notify I.D Support during the 30-day window by sending an email to firstname.lastname@example.org
- A Return Merchandise Authorization (RMA) Number will be issued
- Only one refund per product will be given for opened packages. For example, if you return two opened packages of the same FGV product, a refund will be given for only one package. This limitation does not apply to unopened packages, providing that you follow the above procedure
- When you make an authorized product replacement or refund under the I.D Customer Guarantee, we will provide you with the replacement product as outlined above. You may then either provide the replacement product to your retail customer, or if a refund was made, you can sell the replacement product
B. Compensation Adjustment on Returned Items
FGV reserves the right to recoup any commissions or other compensation paid when the product that generated that compensation is returned. In order to do so, we may deduct the outstanding amount prior to paying you any further commissions. If your bonus check is insufficient to allow us to recover the compensation through a deduction, you agree to repay FGV the amount due within 30 days.
C. I.D's Responsibilities for Customer Satisfaction
When you sell products at retail, you are the primary party responsible for customer satisfaction. The retail customer must come to you for either a replacement product or for a refund. You make the product exchange or refund, and then you obtain a replacement product from FGV for the returned product. For all returns, shipping costs and restocking fee will be the I.D's responsibility.
D. Dispute Resolution
In the event of a dispute between you and your retail customer, FGV will determine the facts and resolve the issue. That resolution will be final and not open to appeal. If we elect to make a cash payment to the retail customer to resolve the dispute, we will charge the payment to your account.
E. Repetitive Returns or Replacement Policy
We reserve the right to reject repetitive returns or replacements.
F. I.D Initial Purchase Refund Policy
A I.D may return his or her initial product purchase under the I.D Customer product satisfaction guarantee set forth above in Section 11.A. Except as set forth in Section 11.G, member and administration fees, sales tools and literature sales are final and are not refundable. [POLICIES & PROCEDURES GUIDE PAGE 30]. Additional products purchased by a I.D are covered by our Buy-Back Policy for unused, unopened, resalable product and unopened original packages wich product has been delivered. Refunds will be paid, at the discretion of the Company, either as a credit back to the credit card on which the original order was charged or by Company check.
G. Buy-Back Policy
An I.D who terminates his or her business relationship with FGV has the right to return for repurchase currently marketable, unopened and not used inventory, including Company produced promotional materials, sales aids and kits in possession of the I.D and purchased by the I.D for resale within 45 DAYS of the date of termination at 90% of the I.D's original net cost less appropriate set-offs and legal claims, if any. In addition, for purposes of this section, products shall not be considered "currently marketable" if returned for repurchase after the product's commercially reasonable usable or shelf life period has passed; nor shall products be considered "currently marketable" if the Company clearly discloses to the IBA prior to purchase that the products are seasonal, discontinued, or special promotional products and are not subject to the repurchase obligation. No order that supersede the amount of $1500 may be return to FGV, FGV RESERVE THE RIGHT TO REPURCHASE THE PRODUCT IN SUCH CASE. There will be a 10% restocking fee.
H. 70% Resale Rule / Repurchase or Refunds Guidelines
We will not repurchase products or issue refunds on products certified as having been consumed or sold under the 70% Resale rule. Falsely representing the amount of product sold or consumed in order to advance in the marketing plan will be grounds for termination.
I. Damaged Returns
Any damages to the product, as the result of negligent packaging or improper shipping for the return shipment shall be your sole responsibility. FGV WILL REJECT AND DISREGARD THE PRODUCT.
J. Per State Buy-Back Policy Guidelines
With in forty five  days of either voluntary or involuntary canceling an I.D, a canceling I.D may return for repurchase by FGV any resalable product which were purchase with in the preceding twelve  months. In some states there is a statute or regulation that provides for a different Buy-Back policy. FGV conforms to all such laws: In Georgia: We will repurchase all unencumbered products, sales aids, literature, and promotional items which are in a reasonably resalable or reusable condition and which were acquired by the participant from FGV. The repurchase shall be at a price not less than 90% of the original net cost to the participant of the goods being returned. For [POLICIES & PROCEDURES GUIDE PAGE 31] the purpose of this paragraph, "original net cost" means the amount actually paid by the participant for the goods, less any consideration received by the participant for purchase of the goods that is attributable to the specific goods now being returned. Goods shall be deemed "resalable or reusable" if the goods are in an unused, commercially resalable condition at the time the goods are returned to FGV. Goods that are no longer marketed by FGV shall be deemed "resalable or reusable" if the goods are in an unused, commercially resalable condition, within the shell life of the product and are returned to FGV within one year from the date the company discontinued marketing the goods; provided, however, that goods which are no longer marketed shall be deemed not "resalable or reusable" if the goods are sold to participants as non-returnable, discontinued, or seasonal items and the non-returnable, discontinued, or season nature of the goods was clearly disclosed to the participant seeking to return the goods prior to the purchase of the goods by the participant. In Maryland, Montana, Puerto Rico, Oklahoma and Texas: On written request from the purchaser, and not later than the first anniversary of the purchaser's date of purchase, all unencumbered products that are in an unused, commercially resalable condition at a price not less than 90% of the amount actually paid by the purchaser for the products being returned, less any consideration received by the purchaser for purchase of the products being returned. A product that is no longer marketed by FGV is considered resalable if the product is otherwise in an unused, commercially resalable condition and is returned to the seller not later than the first anniversary of the purchaser's date of purchase, except that the product is not considered resalable if before the purchaser purchased the product it was clearly disclosed to the purchaser that the product was sold as a non-returnable, discontinued, seasonal, or special promotion item. In Massachusetts and Wyoming: We will repurchase all unencumbered products in a resalable condition then in the possession of the participant. The repurchase shall be at a price of not less than 90% of the original net cost to the participant returning such goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel. In Louisiana: We will repurchase all or part of any product that are in a resalable condition at 85% of the original net cost to you, and repay 85% of the original net cost of any services provided to you, and refund 90% of any other consideration you paid to us in order to participate in the marketing program. Local, state or provincial repurchase laws or requirements may cause variance to this procedure [POLICIES & PROCEDURES GUIDE PAGE 32]
K. Circumstances Beyond FUTURE GLOBAL VISION's Control
FGV shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party's source of supply, or government decrees or orders.
L. 60-Day Notification Policy
If an I.D has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the I.D must notify FGV in writing within 60 days of the date of the purported error or incident in question. FGV will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
M. Change of Address, Telephone, and E-Mail Addresses
To ensure timely delivery of products, support materials, and commission checks, it is critically important that the FGV's files are current. Street addresses are required for shipping since UPS cannot deliver to a post office box. I.D Compensation Planning to change their e-mail address or move must send their new address and telephone numbers to FGV's Corporate Offices to the attention of the I.D Services Department. To guarantee proper delivery, two weeks advance notice must be provided to FGV on all changes.
A. Controversy and Claims
- Arbitration. Any controversy or claim arising out of or relating to your I.D Agreement or these Policies and Procedures, or their breach, 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. If an I.D files a claim or counterclaim against FGV, he or she may only do so on an individual basis and not with any other I.D or as part of a class or consolidated action. For additional information please contact FGV's Compliance Department. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. The prevailing party shall POLICIES & PROCEDURES GUIDE PAGE 33 be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity, use or registration of any mark, copyright, or other intellectual property or proprietary or confidential information of the Company without the Company's prior written consent. The Company may seek any applicable remedy in any applicable forum with respect to these disputes. In addition to monetary damages, the Company may obtain injunctive relief against a I.D for any violation of the Agreement or misuse of the Company's Proprietary Marks, copyrights or confidential information
- Termination/Injunctive Relief. Nothing in these Policies shall prevent the Company terminating the I.D Agreement pursuant to its terms or from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect the Company's interest prior to, during or following the filing of any arbitration, mediation or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding
- Indemnification. An I.D must indemnify FGV and its affiliates and hold it harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business they may incur as a result: (a) any unauthorized representation or action by I.D; (b) breach by I.D of the I.D Agreement or any other contract or agreement between I.D and FGV or any applicable federal, state or local law, rule or regulation; (c) the creation and the use by FGV of any photograph, video, audio, or endorsement provided by I.D, including any claim for infringement or defamation; or (d) I.D's conduct of his or her business. This provision shall survive the termination of the Agreement
B. No Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of FGV to exercise any right or power under the Agreement or to insist upon strict compliance by a I.D with any [POLICIES & PROCEDURES GUIDE PAGE 34] 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 FGV's right to demand exact compliance with the Agreement. Waiver by FGV can be effectuated only in writing by an authorized officer of the Company. FGV's waiver of any particular breach by a I.D shall not affect or impair FGV's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other I.D. Nor shall any delay or omission by FGV to exercise any right arising from a breach affect or impair FGV's rights as to that or any subsequent breach. The existence of any claim or cause of action of a I.D against FGV shall not constitute a defense to FGV's enforcement of any term or provision of the Agreement.
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Clark County, State of Nevada. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Nevada shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision contained in the Agreement, residents of the State of Nevada shall be entitled to bring an action against FGV in their home forum and pursuant to Nevada law.
D. Amended Provision Guidelines
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
E. Information Disclaimer
All personal commissionable volume information is provided "as is" without warranties, express or implied, or representations of any kind whatsoever. In particular but without limitation there shall be no warranties of merchantability, fitness for a particular use, or non-infringement. The Company is not responsible or liable for maintaining any IBA or customer data or for the [POLICIES & PROCEDURES GUIDE PAGE 35] deletion, corruption, destruction, damage, loss or failure of any retailer or customer data or for any third party access to any retailer or customer data. To the fullest extent permissible under applicable law, FGV and/or other persons creating or transmitting the information will in no event be liable to any retailer or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal commissionable sales volume information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity, and damages that may result from inaccuracy, incompleteness, inconvenience, delay, or loss of the use of the information), even if FGV or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, FGV or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this Agreement. THE COMPANY IS NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE PROVIDERS, WEB SITES, OR OTHER CONNECTIONS; OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED, OR MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS; OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES. Access to and use of the Company's online and telephone reporting services and a I.D's reliance upon such information is at the I.D's own risk.
F. Returned Checks
Any permitted checks returned by a I.D's bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the I.D. Any outstanding balance owed to FGV by a I.D for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.
13. Disciplinary Actions
If you violate any of the Policies & Procedures, the terms and conditions of the I.D Agreement, or engage in any illegal, fraudulent, deceptive, or unethical business conduct, we may, at our sole discretion, invoke any disciplinary action that we deem appropriate.
Among the potential disciplinary actions are:
- Issuance of a written warning or admonition
- Reassignment of all or part of your downline organization
- Suspension, which may result in termination or reinstatement with conditions or restrictions
- Termination of your I.D Agreement
14. I.D's Loss of Rights Upon Non-Renewal/Termination
So long as a I.D remains Active and complies with the terms of the I.D Agreement and these Policies and Procedures, FGV shall pay commissions to such I.D in accordance with the FGV Compensation Plan. A I.D's bonuses and commissions constitute the entire consideration for the I.D's efforts in generating sales and all activities related to generating sales. Following non-renewal, cancellation for inactivity, or voluntary or involuntary termination of his or her I.D Agreement (all of these methods are collectively referred to as "termination"), the former IBA shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the marketing organization.
A I.D whose I.D Agreement whose business is terminated, will lose all rights as a I.D, including the right to sell FGV products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the I.D's former downline marketing organization. In the event of termination, I.D agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization. A I.D whose I.D Agreement is terminated shall receive commissions and bonuses only for the last full pay period he or she was Active prior to non-renewal or termination.
15. Product Liability Claims
A. Third-Party Claims
Subject to the limitations set forth in this provision, the Company shall defend I.D from claims made by third-party customers alleging injury from use of a product, or injury [POLICIES & PROCEDURES GUIDE PAGE 37] due to a defective product. The I.D must promptly notify the Company in writing of any such claim, no later than ten (10) days from the date of the third-party claimant's letter alleging injury; failure to so notify the Company shall alleviate any obligation of the Company respecting such claim. The I.D must allow the Company to assume the sole and absolute discretion respecting the defense of the claim, and use and choice of counsel as a condition to the Company's obligation to defend a I.D.
B. Indemnification Guidelines
The Company shall have no obligation to indemnify a I.D if:
- The I.D has not complied with the Agreement respecting obligations and limitations covering the distribution and/or sale of the products
- The I.D has repackaged (using non-FGV provided packaging), altered or misused the product, made claims or given instruction or recommendations respecting the use, safety, efficacy, benefits or results, which do not comply with the approved literature of the Company
- I.D settles or attempts to settle a claim without the Company's written approval