“Helping Business Through The Power Of The
Internet”
iNetGlobal provides quality Internet
Services for business. iNetGlobal mission is to become the largest independent
supplier of Internet Services to small business.
SECTION
2 - INTRODUCTION
2.1 - Policies and Compensation Plan Incorporated into Consultant
Agreement
These Policies and Procedures, in their present form and as amended
at the sole discretion of iNetGlobal, Inc. (hereafter “iNetGlobal” or the
“Company”), are incorporated into, and form an integral part of, the iNetGlobal
Consultant Agreement. Throughout these Policies, when the term “Agreement” is
used, it collectively refers to the iNetGlobal Consultant Application and
Agreement, these Policies and Procedures, the iNetGlobal Marketing and
Compensation Plan, and the iNetGlobal Business Entity Registration Form (if
applicable). These documents are incorporated by reference into the iNetGlobal
Consultant Agreement (all in their current form and as amended by iNetGlobal).
It is the responsibility of each Consultant to read, understand, adhere to, and
ensure that he or she is aware of and operating under the most current version
of these Policies and Procedures. When sponsoring or enrolling a new Consultant,
it is the responsibility of the sponsoring Consultant to ensure that the
applicant is provided with, or has online access to, the most current version
of these Policies and Procedures and the iNetGlobal Marketing and Compensation
Plan prior to his or her execution of the Consultant Agreement.
2.2 - Purpose of Policies
iNetGlobal is a direct sales company that markets its products and
services through Independent Consultants. It is important to understand that
your success and the success of your fellow Consultants depends on the
integrity of the men and women who market our products and services. To
clearly define the relationship that exists between Consultants and iNetGlobal,
and to explicitly set a standard for acceptable business conduct, iNetGlobal
has established the Agreement.
iNetGlobal Consultants are required to comply with all of the Terms
and Conditions set forth in the Agreement, as well as all federal, state, and
local laws governing their iNetGlobal business and their conduct. Because you
may be unfamiliar with many of these standards of practice, it is very
important that you read and abide by the Agreement. Please review the
information in this manual carefully. It explains and governs the relationship
between you, as an independent contractor and the Company. If you have any
questions regarding any policy or rule, do not hesitate to seek an answer from iNetGlobal.
2.3 - Changes to the Agreement
Because federal, state, and local laws, as well as the business
environment, periodically change, iNetGlobal reserves the right to amend the
Agreement and its prices in its sole and absolute discretion. By signing the Consultant
Agreement, a Consultant agrees to abide by all amendments or modifications that
iNetGlobal elects to make. Amendments shall be effective 30 days after publication
of notice that the Agreement has been modified. Notification of amendments
shall be published by the following method: Posting on the Company’s official
web site at the Consultant’s Back Office. The continuation of a Consultant’s iNetGlobal
business or a Consultant’s acceptance of bonuses or commissions constitutes
acceptance of any and all amendments.
2.4 - Delays
iNetGlobal shall not be responsible for delays or failures in
performance of its obligations when performance is made commercially
impracticable due to circumstances beyond its reasonable control. This
includes, without limitation, strikes, labor difficulties, riot, war, fire,
death, curtailment of a party’s source of supply, or government decrees or
orders.
2.5 - Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be
amended, is found to be invalid, or unenforceable for any reason, only the
invalid portion(s) of the provision shall be severed and the remaining terms
and provisions shall remain in full force and effect. The severed provision,
or portion thereof, shall be reformed to reflect the purpose of the provision
as closely as possible.
2.6 - 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 iNetGlobal to exercise any right or power under the
Agreement or to insist upon strict compliance by a Consultant 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 iNetGlobal’s right to demand exact compliance with the Agreement. Waiver by
iNetGlobal can be effectuated only in writing by an authorized officer of the
Company. iNetGlobal’s waiver of any particular breach by a Consultant shall
not affect or impair iNetGlobal’s rights with respect to any subsequent breach,
nor shall it affect in any way the rights or obligations of any other Consultant.
Nor shall any delay or omission by iNetGlobal to exercise any right arising
from a breach affect or impair iNetGlobal’s rights as to that or any subsequent
breach.
The existence of any claim or cause of action of a Consultant
against iNetGlobal shall not constitute a defense to iNetGlobal’s enforcement
of any term or provision of the Agreement.
SECTION
3 - BECOMING A CONSULTANT
3.1 - Requirements to Become a Consultant
To become an iNetGlobal Consultant, each applicant must:
a)
Be of the age of majority in his or her state of
residence;
b)
Reside in the United States, a U.S. Territory,
or country that iNetGlobal has officially announced is open for business;
c)
Have a valid Social Security or Federal Tax ID
number;
d)
Subscribe to the iNetGlobal V-Kit (Virtual Consultant
Kit) (optional in North Dakota);
e)
Submit a properly completed Consultant Application
and Agreement to iNetGlobal either in hard copy or online format.
3.2 - Consultant Benefits
Once a Consultant Application and Agreement has been accepted by iNetGlobal,
the benefits of the Marketing and Compensation Plan and the Consultant
Agreement are available to the new Consultant. These benefits include the
right to:
a) Sell iNetGlobal products
and services;
b) Participate in the iNetGlobal
Marketing and Compensation Plan (receive bonuses and commissions, if eligible);
c) Sponsor other individuals
as Consultants into the iNetGlobal business and thereby, build a marketing
organization and progress through the iNetGlobal Marketing and Compensation
Plan;
d) Receive periodic iNetGlobal
literature and other iNetGlobal communications;
e) Participate in iNetGlobal-sponsored
support, service, training, motivational and recognition functions, upon
payment of appropriate charges, if applicable; and
f)
Participate
in promotional and incentive contests and programs sponsored by iNetGlobal for
its Consultants.
3.3
- Term
and Renewal of Your iNetGlobal Business
The term
of the Consultant Agreement is one year from the date of its acceptance by iNetGlobal
(subject to reclassification for inactivity or cancellation pursuant to Section
11 below). Consultants must renew their Consultant Agreement each year by
paying an annual renewal fee of $50.00 on or before the anniversary date of their
Consultant Agreement. If the renewal fee is not paid within 30 days after the
expiration of the current term of the Consultant Agreement, the Consultant
Agreement will be canceled. Consultants may elect to utilize the Automatic
Renewal Program (“ARP”). Under the ARP, the renewal fee will be charged to the
Consultant’s credit card on file with the Company.
SECTION
4 - OPERATING AN INETGLOBAL
BUSINESS
4.1 - Adherence to the iNetGlobal Marketing and Compensation Plan
Consultants must adhere to the terms of the iNetGlobal Marketing and
Compensation Plan as set forth in official iNetGlobal literature. Consultants
shall not offer the iNetGlobal opportunity through, or in combination with, any
other system, program, or method of marketing other than that specifically set forth
in official iNetGlobal literature. Consultants shall not require or encourage
other current or prospective customers or Consultants to participate in iNetGlobal
in any manner that varies from the program as set forth in official iNetGlobal
literature. Consultants shall not require or encourage other current or
prospective customers or Consultants to execute any agreement or contract other
than official iNetGlobal agreements and contracts in order to become an iNetGlobal
Consultant. Similarly, Consultants shall not require or encourage other
current or prospective customers or Consultants to make any purchase from, or
payment to, any individual or other entity to participate in the iNetGlobal
Marketing and Compensation Plan other than those purchases or payments
identified as recommended or required in official iNetGlobal literature.
4.2 - Advertising
4.2.1 - General
All Consultants shall safeguard and promote the good reputation of iNetGlobal
and its products and services. The marketing and promotion of iNetGlobal, the iNetGlobal
opportunity, the Marketing and Compensation Plan, and iNetGlobal products and
services shall be consistent with the public interest, and must avoid all
discourteous, deceptive, misleading, unethical or immoral conduct or practices.
To promote both the products and services, and the tremendous
opportunity iNetGlobal offers, Consultants should use the sales tools and
support materials produced by iNetGlobal. The rationale behind this
requirement is simple. iNetGlobal has carefully designed its products, services,
Marketing and Compensation Plan, and promotional materials to ensure that each
aspect of iNetGlobal is fair, truthful, substantiated, and complies with the
vast and complex legal requirements of federal and state laws. If iNetGlobal Consultants
were allowed to develop their own sales tools and promotional materials
notwithstanding their integrity and good intentions, the likelihood that they
would unintentionally violate any number of statutes or regulations affecting an
iNetGlobal business is almost certain. These violations, although they may be
relatively few in number, would jeopardize the iNetGlobal opportunity for all Consultants.
Accordingly, Consultants must submit all sales tools, promotional materials,
advertisements, videos, and other literature to the Company for approval.
Unless the Consultant receives specific written approval to use such tools, the
request shall be deemed denied.
iNetGlobal
will not permit Consultants sell sales aids to other iNetGlobal Consultants.
Therefore, Consultants who receive authorization from iNetGlobal to produce
their own sales aids may not sell such material to any other iNetGlobal Consultant.
Consultants may make approved material available to other Consultants free of
charge if they wish, but may not charge other iNetGlobal Consultants for the
material.
iNetGlobal further reserves the right to rescind approval for any
sales tools, promotional materials, advertisements, or other literature, and Consultants
waive all claims for damages or remuneration arising from or relating to such
rescission.
4.2.2 - Consultant Web Sites
If a Consultant desires to utilize an Internet web page to promote
his or her business, he or she may do so through the Company’s official web
site, using official iNetGlobal templates. Alternatively, Consultants may
develop their own web pages, however, any Consultant who does so: (a) must use
the text of the Company’s official web site; and (b) may not supplement the
content of his or her web site with text from any source other than the
Company. Consultants who develop or publish their own web sites must register
their site(s) with the Company and receive written approval from the Company
prior to the site(s) public availability.
4.2.3 - Blogs, Chat Rooms, Social Networks, Online Auctions, Videos, and
other Online Forums
Consultants may use online blogs, chat
rooms, social networks, online auctions sites, videos, or any other online
forum to ethically market, sell, advertise, promote, or discuss iNetGlobal’s
products or services or the iNetGlobal opportunity as long as it does not
violate the terms of these Policies and Procedures.
4.2.4 - Domain Names
Consultants may not use or attempt
to register any of iNetGlobal’s trade names, trademarks, service names, service
marks, product names, the Company’s name, or any derivative thereof, for any
Internet domain name without the express permission of the company.
4.2.5 - Trademarks and Copyrights
iNetGlobal will not allow the use
of its trade names, trademarks, designs, or symbols by any person, including iNetGlobal
Consultants, without its prior, written permission. Consultants may not
produce for sale or distribution any recorded Company events and speeches
without written permission from iNetGlobal nor may Consultants reproduce for sale
or for personal use any recording of Company-produced audio or video tape
presentations.
4.2.6 - Media and Media Inquiries
Consultants must not attempt to respond to media inquiries regarding
iNetGlobal, its products or services, or their independent iNetGlobal
business. All inquiries by any type of media must be immediately referred to iNetGlobal’s
Media Department. This policy is designed to assure that accurate and
consistent information is provided to the public as well as a proper public
image.
4.2.7 - Unsolicited Email
iNetGlobal does not permit Consultants to send unsolicited
commercial emails unless such emails strictly comply with applicable laws and
regulations including, without limitation, the federal CAN SPAM Act. Any email
sent by a Consultant that promotes iNetGlobal, the iNetGlobal opportunity, or iNetGlobal
products and services must comply with the following:
a)
There must be a functioning return email address
to the sender.
b)
There must be a notice in the email that advises
the recipient that he or she may reply to the email, via the functioning return
email address, to request that future email solicitations or correspondence not
be sent to him or her (a functioning “opt-out” notice).
c)
The email must include the Consultant’s physical
mailing address.
d)
The email must clearly and conspicuously
disclose that the message is an advertisement or solicitation.
e)
The use of deceptive subject lines and/or false
header information is prohibited.
f)
All opt-out requests, whether received by email
or regular mail, must be honored. If a Consultant receives an opt-out request
from a recipient of an email, the Consultant must forward the opt-out request
to the Company.
iNetGlobal may periodically send commercial emails on behalf of Consultants.
By entering into the Consultant Agreement, Consultant agrees that the Company
may send such emails and that the Consultant’s physical and email addresses
will be included in such emails as outlined above. Consultants shall
honor opt-out requests generated as a result of such emails sent by the
Company.
4.2.8 - Unsolicited Faxes
Except as
provided in this section, Consultants may not use or transmit unsolicited faxes
or use an automatic telephone dialing system relative to the operation of their
iNetGlobal businesses. The term “automatic telephone dialing system”
means equipment 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 terms “unsolicited faxes” means the transmission
via telephone facsimile of any material or information advertising or promoting
iNetGlobal, its products, services, its compensation plan or any other aspect
of the company which is transmitted to any person, except that these terms do
not include a fax or e-mail: (a) to any person with that person's prior express
invitation or permission; or (b) to any person with whom the Consultant has an
established business or personal relationship. The term "established
business or personal relationship" means a prior or existing relationship
formed by a voluntary two way communication between a Consultant and a person,
on the basis of: (a) an inquiry, application, purchase or transaction by the
person regarding products or services offered by such Consultant; or (b) a personal
or familial relationship, which relationship has not been previously terminated
by either party.
4.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. “Bonus buying”
includes: (a) the enrollment of individuals or entities without the knowledge
of and/or execution of an Independent Consultant Application and Agreement by
such individuals or entities; (b) the fraudulent enrollment of an individual or
entity as a Consultant or customer; (c) the enrollment or attempted enrollment
of non-existent individuals or entities as Consultants or customers
(“phantoms”); (d) Purchasing iNetGlobal products or services on behalf of
another Consultant or customer, or under another Consultant’s or customer’s
I.D. number, to qualify for commissions or bonuses; (e) purchasing excessive
amounts of goods or services that cannot reasonably be used or resold in a
month; and/or (f) any other mechanism or artifice to qualify for rank
advancement, incentives, prizes, commissions or bonuses that is not driven by
bona fide product or service purchases by end user consumers.
4.4 - Business Entities
A corporation, partnership or trust (collectively referred to in
this section as a “Business Entity”) may apply to be an iNetGlobal Consultant
by submitting its Certificate of Incorporation, Partnership Agreement or trust
documents (these documents are collectively referred to as the “Entity
Documents”) to iNetGlobal, along with a properly completed Business Entity
Registration form. An iNetGlobal business may change its status under the same
sponsor from an individual to a partnership, corporation or trust, or from one
type of entity to another. There is a $25.00 fee for each change requested,
which must be included with the written request and the completed Consultant
Application and Agreement. The Business Entity Registration form must be
signed by all of the shareholders, partners or trustees. Members of the entity
are jointly and severally liable for any indebtedness or other obligation to iNetGlobal.
To prevent
the circumvention of Section 4.26 (regarding transfers and assignments of iNetGlobal
business), if an additional partner, shareholder, member, or other business
entity affiliate is added to a business entity, the original applicant must
remain as a party to the original Consultant Application and Agreement. If the
original Consultant wants to terminate his or her relationship with the
Company, he or she must transfer or assign his or her business in accordance with
Section 4.26. If this process is not followed, the business shall be canceled
upon the withdrawal of the original Consultant. All bonus and commission
checks will be sent to the address of record of the original Consultant.
Please note that the modifications permitted within the scope of this paragraph
do not include a change of sponsorship. Changes of sponsorship are
addressed in Section 4.5, below. There is a $25.00 fee for each change
requested, which must be included with the written request and the completed Consultant
Application and Agreement. iNetGlobal may, at its discretion, require
notarized documents before implementing any changes to an iNetGlobal business.
Please allow thirty (30) days after the receipt of the request by iNetGlobal
for processing.
4.4.1 - Changes to a Business Entity
Each Consultant must immediately notify iNetGlobal of all changes to
type of business entity they utilize in operating their businesses and the
addition or removal of business associates. Changes shall be processed only
once per year. All changes must be submitted by November 30 to become
effective on January 1 of the following year.
4.5 - Change of Sponsor
To protect
the integrity of all marketing organizations and safeguard the hard work of all
Consultants, iNetGlobal strongly discourages changes in sponsorship.
Maintaining the integrity of sponsorship is critical for the success of every Consultant
and marketing organization. Accordingly, the transfer of an iNetGlobal
business from one sponsor to another is rarely permitted.
Requests
for change of sponsorship must be submitted in writing to the Support Services
Department, and must include the reason for the transfer. Transfers will only
be considered in the following three circumstances:
4.5.1 - Misplacement
In cases in which the new Consultant is sponsored by someone
other than the individual he or she was led to believe would be his or her
Sponsor, a Consultant may request that he or she be transferred to another
organization with his or her entire marketing organization intact. Requests
for transfer under this policy will be evaluated on a case-by-case basis and
must be made within 60 days from the date of enrollment. The Consultant
requesting the change has the burden of proving that he or she was placed
beneath the wrong sponsor. It is up to iNetGlobal’s discretion whether the
requested change will be implemented.
4.5.2 - Upline Approval
The Consultant seeking to transfer submits a properly completed and
fully executed Sponsorship Transfer Form which includes the written approval of
his or her immediate three (3) upline Consultants. Photocopied or facsimile
signatures are not acceptable. All Consultant signatures must be notarized.
The Consultant who requests the transfer must submit a fee of $50.00 for
administrative charges and data processing. If the transferring Consultant
also wants to move any of the Consultants in his or her marketing organization,
each downline Consultant must also obtain a properly completed Sponsorship
Transfer Form and return it to iNetGlobal with the $50.00 change fee (i.e., the
transferring Consultant and each Consultant in his or her marketing
organization multiplied by $50.00 is the cost to move an iNetGlobal business.)
Downline Consultants will not be moved with the transferring Consultant unless
all of the requirements of this paragraph are met. Transferring Consultants
must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms
by iNetGlobal for processing and verifying change requests.
In cases wherein the appropriate sponsorship change procedures have
not been followed, and a downline organization has been developed in the second
business developed by a Consultant, iNetGlobal 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, CONSULTANTS WAIVE ANY AND ALL CLAIMS AGAINST INETGLOBAL
THAT RELATE TO OR ARISE FROM INETGLOBAL’S DECISION REGARDING THE DISPOSITION OF
ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS
IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.5.3 - Cancellation and Re-application
A Consultant may legitimately change organizations by voluntarily
canceling his or her iNetGlobal business and remaining inactive (i.e.,
no sales of iNetGlobal products or services, no sponsoring, no attendance at
any iNetGlobal functions, participation in any other form of Consultant
activity, or operation of any other iNetGlobal business) for six (6) full
calendar months. Following the six month period of inactivity, the former Consultant
may reapply under a new Sponsor, however, the former Consultant’s downline will
remain in their original line of sponsorship. iNetGlobal will consider waiving
the six month waiting period under exceptional circumstances. Such requests
for waiver must be submitted to iNetGlobal in writing.
4.6 - Unauthorized Claims and Actions
4.6.1 - Indemnification
A Consultant is fully responsible for all of his or her verbal and
written statements made regarding iNetGlobal products, services, and the
Marketing and Compensation Plan which are not expressly contained in official iNetGlobal
materials. Consultants agree to indemnify iNetGlobal and iNetGlobal’s
directors, officers, employees, and agents, and hold them harmless from any and
all liability including judgments, civil penalties, refunds, attorney fees,
court costs, or lost business incurred by iNetGlobal as a result of the Consultant’s
unauthorized representations or actions. This provision shall survive the
termination of the Consultant Agreement.
4.6.2 - Income Claims
In their enthusiasm to enroll
prospective Consultants, some Consultants are occasionally tempted to make
income claims or earnings representations to demonstrate the inherent power of
network marketing. This is counterproductive because new Consultants may
become disappointed very quickly if their results are not as extensive or as
rapid as the results others have achieved. At iNetGlobal, we firmly believe
that the iNetGlobal income potential is great enough to be highly attractive,
without reporting the earnings of others.
Moreover, the Federal Trade Commission and several states have laws
or regulations that regulate or even prohibit certain types of income claims
and testimonials made by persons engaged in network marketing. While Consultants
may believe it beneficial to provide copies of checks, or to disclose the
earnings of themselves or others, such approaches have legal consequences that
can negatively impact iNetGlobal as well as the Consultant making the claim
unless appropriate disclosures required by law are also made contemporaneously
with the income claim or earnings representation. Because iNetGlobal Consultants
do not have the data necessary to comply with the legal requirements for making
income claims, a Consultant, when presenting or discussing the iNetGlobal
opportunity or Marketing and Compensation Plan to a prospective Consultant, may
not make income projections, income claims, or disclose his or her iNetGlobal
income (including the showing of checks, copies of checks, bank statements, or
tax records).
4.7 - Commercial Outlets
Consultants may not sell iNetGlobal products or services from a
commercial outlet, nor may Consultants display or sell iNetGlobal products or
literature in any retail or service establishment.
4.8 - Trade Shows, Expositions and Other Sales Forums
Consultants
may display and/or sell iNetGlobal products or services at trade shows and
professional expositions. Before submitting a deposit to the event promoter, Consultants
must contact the Support Services Department in writing for conditional approval,
as iNetGlobal’s policy is to authorize only one iNetGlobal business per
event. Final approval will be granted to the first Consultant who submits an
official advertisement of the event, a copy of the contract signed by both the Consultant
and the event official, and a receipt indicating that a deposit for the booth
has been paid. Approval is given only for the event specified. Any requests
to participate in future events must again be submitted to the Support Department.
iNetGlobal further reserves the right to refuse authorization to participate at
any function which it does not deem a suitable forum for the promotion of its
products, services, or the iNetGlobal opportunity. 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 iNetGlobal wishes to portray.
4.9 - Conflicts of Interest
4.9.1 - Nonsolicitation
iNetGlobal Consultants are free to participate in other multilevel
or network marketing business ventures or marketing opportunities (collectively
“network marketing”). However, during the term of this Agreement, Consultants
may not directly or indirectly Recruit other iNetGlobal Consultants or customers
for any other network marketing business.
Following the cancellation of a Consultant’s independent Consultant
Agreement, and for a period of six calendar months thereafter, with the
exception of a Consultant who is personally sponsored by the former Consultant,
a former Consultant may not Recruit any iNetGlobal Consultant or customer for
another network marketing business. Consultants and the Company recognize that
because network marketing is conducted through networks of independent
contractors dispersed across the entire United States and internationally, and
business is commonly conducted via the internet and telephone, an effort to
narrowly limit the geographic scope of this non-solicitation provision would
render it wholly ineffective. Therefore, Consultants and iNetGlobal agree that
this non-solicitation provision shall apply to all markets in which iNetGlobal
conducts business.
The term “Recruit” means the actual or attempted sponsorship,
solicitation, enrollment, encouragement, or effort to influence in any other
way, either directly, indirectly, or through a third party, another iNetGlobal Consultant
or customer to enroll or participate in another multilevel marketing, network
marketing or direct sales opportunity. The conduct described in the preceding
sentence constitutes recruiting even if the Consultant’s actions are in
response to an inquiry made by another Consultant or by a customer.
4.9.2 - Sale of Competing Goods or Services
Consultants must not sell, or
attempt to sell, any competing non-iNetGlobal programs, products or services to
iNetGlobal customers or Consultants. Any program, product or services in the
same generic categories as iNetGlobal products or services is deemed to be
competing, regardless of differences in cost, quality or other distinguishing
factors.
4.9.3 - Consultant Participation in Other Direct Selling Programs
If a Consultant
is engaged in other non-iNetGlobal direct selling programs, it is the
responsibility of the Consultant to ensure that his or her iNetGlobal business
is operated entirely separate and apart from any other program. To this end,
the following must be adhered to:
a)
Consultants shall not display iNetGlobal
promotional material, sales aids, products or services with or in the same
location as, any non-iNetGlobal promotional material or sales aids, products or
services.
b)
Consultants shall not offer the iNetGlobal
opportunity, products or services to prospective or existing customers or Consultants
in conjunction with any non-iNetGlobal program, opportunity, product or
service.
c)
Consultants may not offer any non-iNetGlobal
opportunity, products, services or opportunity at any iNetGlobal-related
meeting, seminar or convention, or within two hours and a five mile radius of
the iNetGlobal event. If the iNetGlobal meeting is held telephonically or on
the internet, any non-iNetGlobal meeting must be at least two hours before or
after the iNetGlobal meeting, and on a different conference telephone number or
internet web address from the iNetGlobal meeting.
4.9.4
- Downline
Activity (Genealogy) Reports
Downline
Activity Reports are available for Consultant access and viewing at iNetGlobal’s
official web site. Consultant access to their Downline Activity Reports is
password protected. All Downline Activity Reports and the information
contained therein are confidential and constitute proprietary information and
business trade secrets belonging to iNetGlobal. Downline Activity Reports
are provided to Consultants in strictest confidence and are made available to Consultants
for the sole purpose of assisting Consultants in working with their respective
Downline Organizations in the development of their iNetGlobal business. Consultants
should use their Downline Activity Reports to assist, motivate, and train their
downline Consultants. The Consultant and iNetGlobal agree that, but for this
agreement of confidentiality and nondisclosure, iNetGlobal would not provide
Downline Activity Reports to the Consultant. A Consultant shall not, on his or
her own behalf, or on behalf of any other person, partnership, association,
corporation or other entity:
a)
Directly or indirectly disclose any information
contained in any Downline Activity Report to any third party;
b)
Directly or indirectly disclose the password or
other access code to his or her Downline Activity Report;
c)
Use the information to compete with iNetGlobal
or for any purpose other than promoting his or her iNetGlobal business; or
d)
Recruit or solicit any Consultant or customer of
iNetGlobal listed on any report, or in any manner attempt to influence or
induce any Consultant or customer of iNetGlobal, to alter their business
relationship with iNetGlobal.
Upon demand by the Company, any
current or former Consultant will return the original and all copies of
Downline Activity Reports to the Company.
4.10 - Targeting Other Direct Sellers
iNetGlobal
does not condone Consultants specifically or consciously targeting the sales
force of another direct sales company to sell iNetGlobal products and services or
to become Consultants for iNetGlobal. Nor does iNetGlobal condone Consultants solicitation
or enticement of members of the sales force of another direct sales company to
violate the terms of their contract with such other company. Should Consultants
engage in such activity, they bear the risk of being sued by the other direct
sales company. If any lawsuit, arbitration or mediation is brought against a Consultant
alleging that he or she engaged in inappropriate recruiting activity of its
sales force or customers, iNetGlobal will not pay any of Consultant’s defense
costs or legal fees, nor will iNetGlobal indemnify the Consultant for any
judgment, award, or settlement.
4.11 - Cross-Sponsoring
Actual or attempted cross
sponsoring is strictly prohibited. “Cross sponsoring” is defined as the
enrollment of an individual who or entity that already has a current customer
or Consultant Agreement on file with iNetGlobal, or who has had such an
agreement within the preceding six calendar months, within a different line of
sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs,
assumed names, corporations, partnerships, trusts, federal ID numbers,
fictitious ID numbers, any straw-man or other artifice to circumvent this
policy is prohibited. Consultants shall not demean, discredit or defame other iNetGlobal
Consultants in an attempt to entice another Consultant to become part of the
first Consultant’s marketing organization. This policy shall not prohibit the
transfer of an iNetGlobal business in accordance with Section 4.26.
If
Cross Sponsoring is discovered, it must be brought to the Company’s attention
immediately. iNetGlobal may take disciplinary action against the Consultant
that changed organizations and/or those Consultants who encouraged or
participated in the Cross Sponsoring. iNetGlobal may also move all or part of
the offending Consultant’s downline to his or her original downline organization
if the Company deems it equitable and feasible to do so. However, iNetGlobal
is under no obligation to move the Cross Sponsored Consultant’s downline
organization, and the ultimate disposition of the organization remains within
the sole discretion of iNetGlobal. Consultants waive all claims and causes
of action against iNetGlobal arising from or relating to the disposition of the
Cross Sponsored Consultant’s downline organization.
4.12
- Errors
or Questions
If a Consultant
has questions about or believes any errors have been made regarding
commissions, bonuses, Downline Activity Reports, or charges, the Consultant
must notify iNetGlobal in writing within 60 days of the date of the purported
error or incident in question. iNetGlobal will not be responsible for any
errors, omissions or problems not reported to the Company within 60 days.
4.13
- Governmental
Approval or Endorsement
Neither
federal nor state regulatory agencies or officials approve or endorse any
direct selling or network marketing companies or programs. Therefore, Consultants
shall not represent or imply that iNetGlobal or its Marketing and Compensation
Plan have been "approved," "endorsed" or otherwise
sanctioned by any government agency.
4.14 - Holding
Applications
Consultants
must not manipulate enrollments of new applicants. All Consultant Applications
and Agreements must be sent to iNetGlobal within 72 hours from the time they
are signed by a Consultant or placed by a customer, respectively.
4.15 - Identification
All Consultants are required to provide their Social Security
Number, or a Federal Employer Identification Number to iNetGlobal on the Consultant
Application and Agreement. Upon enrollment, the Company will provide a unique Consultant
Identification Number to the Consultant by which he or she will be identified.
This number will be used to place orders, and track commissions and bonuses.
4.16 - Income Taxes
Each Consultant is responsible for paying local, state and federal
taxes on any income generated as an Independent Consultant. If an iNetGlobal
business is tax exempt, the Federal tax identification number must be provided
to iNetGlobal. Every year, iNetGlobal will provide an IRS Form 1099 MISC
(Non-employee Compensation) earnings statement to each U.S. resident who: 1)
Had earnings of over $600 in the previous calendar year; or 2) Made purchases
during the previous calendar year in excess of $5,000.
4.17 - Independent Contractor Status
Consultants are independent contractors, and are not purchasers of a
franchise or a business opportunity. The agreement between iNetGlobal and its Consultants
does not create an employer/employee relationship, agency, partnership, or
joint venture between the Company and the Consultant. Consultants shall not be
treated as an employee for his or her services or for Federal or State tax
purposes. All Consultants are responsible for paying local, state, and federal
taxes due from all compensation earned as a Consultant of the Company. The Consultant
has no authority (expressed or implied), to bind the Company to any
obligation. Each Consultant shall establish his or her own goals, hours, and
methods of sale, so long as he or she complies with the terms of the Consultant
Agreement, these Policies and Procedures, and applicable laws.
The name of iNetGlobal and other names as may be adopted by iNetGlobal
are proprietary trade names, trademarks and service marks of iNetGlobal. As
such, these marks are of great value to iNetGlobal and are supplied to Consultants
for their use only in an expressly authorized manner. Use of iNetGlobal name
on any item not produced by the Company is prohibited except as follows:
Consultant's
Name
Independent
iNetGlobal Consultant
All Consultants
may list themselves as an “Independent iNetGlobal Consultant” in the white or
yellow pages of the telephone directory under their own name. No Consultant
may place telephone directory display ads using iNetGlobal's name or logo. Consultants
may not answer the telephone by saying “iNetGlobal”, “iNetGlobal Incorporated”,
or in any other manner that would lead the caller to believe that he or she has
reached corporate offices of iNetGlobal.
4.18 - Insurance
You may
wish to arrange insurance coverage for your business. Your homeowner’s insurance
policy does not cover business-related injuries, or the theft of or damage to
inventory or business equipment. Contact your insurance agent to make certain
that your business property is protected. This can often be accomplished with
a simple “Business Pursuit” endorsement attached to your present home owner’s
policy.
4.19 - International Marketing
Because of
critical legal and tax considerations, iNetGlobal must limit the presentation
of the iNetGlobal business to prospective customers and Consultants located
within the United States and U.S. Territories and those other countries that
the Company has announced are officially opened for business. Moreover,
allowing a few Consultants to conduct business in markets not yet opened by iNetGlobal
would violate the concept of affording every Consultant the equal opportunity
to expand internationally.
Accordingly,
Consultants are authorized to enroll Consultants only in the countries in which
iNetGlobal is authorized to conduct business, as announced in official Company
literature. iNetGlobal sales aids cannot be shipped into or sold in any
foreign country. Consultants may sell, give, transfer, or distribute iNetGlobal
sales aids only in their home country. In addition, no Consultant may, in any
unauthorized country: (a) conduct sales, enrollment or training meetings; (b)
enroll or attempt to enroll potential customers or Consultants; or (c) conduct
any other activity for the purpose of selling iNetGlobal products and services,
establishing a marketing organization, or promoting the iNetGlobal opportunity.
4.20 - Adherence to Laws and Ordinances
Consultants
shall comply with all federal, state, and local laws and regulations in the
conduct of their businesses. Many cities and counties have laws regulating
certain home-based businesses. In most cases these ordinances are not
applicable to Consultants because of the nature of their business. However, Consultants
must obey those laws that do apply to them. If a city or county official tells
a Consultant that an ordinance applies to him or her, the Consultant shall be
polite and cooperative, and immediately send a copy of the ordinance to the
Compliance Department of iNetGlobal. In most cases there are exceptions to the
ordinance that may apply to iNetGlobal Consultants.
4.21 - Minors
A person
who is recognized as a minor in his/her state of residence may not be an iNetGlobal
Consultant. Consultants shall not enroll or recruit minors into the iNetGlobal
program.
4.22 - One iNetGlobal Business Per Consultant and Per Household
A Consultant
may operate or have an ownership interest, legal or equitable, as a sole
proprietorship, partner, shareholder, trustee, or beneficiary, in only one iNetGlobal
business. No individual may have, operate or receive compensation from more
than one iNetGlobal business. Individuals of the same family unit may not
enter into or have an interest in more than one iNetGlobal Business. A “family
unit” is defined as spouses and dependent children living at or doing business
at the same address.
In order
to maintain the integrity of the iNetGlobal Marketing and Compensation Plan,
husbands and wives or common-law couples (collectively “spouses”) who wish to
become iNetGlobal Consultants must be jointly sponsored as one iNetGlobal
business. Spouses, regardless of whether one or both are signatories to the Consultant
Application and Agreement, may not own or operate any other iNetGlobal
business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or any other legal or
equitable ownership) in the ownership or management of another iNetGlobal
business in any form.
An
exception to the one business per Consultant rule will be considered on a case
by case basis if two Consultants marry or in cases of a Consultant receiving an
interest in another business through inheritance. Requests for
exceptions to policy must be submitted in writing to the Support Department.
4.23 - Actions of Household Members or Affiliated Individuals
If any
member of a Consultant’s immediate household engages in any activity which, if
performed by the Consultant, would violate any provision of the Agreement, such
activity will be deemed a violation by the Consultant and iNetGlobal may take
disciplinary action pursuant to the Statement of Policies against the Consultant.
Similarly, if any individual associated in any way with a corporation,
partnership, trust or other entity (collectively “affiliated individual”) violates
the Agreement, such action(s) will be deemed a violation by the entity, and iNetGlobal
may take disciplinary action against the entity.
4.24 - Requests for Records
Any
request from a Consultant for copies of invoices, applications, downline
activity reports, or other records will require a fee of $2.50 per page per
copy. This fee covers the expense of mailing and time required to research
files and make copies of the records.
4.25 - Roll-up of Marketing Organization
When a
vacancy occurs in a Marketing Organization due to the termination of an iNetGlobal
business, each Consultant in the first level immediately below the terminated Consultant
on the date of the cancellation will be moved to the first level (“front line”)
of the terminated Consultant’s sponsor. For example, if A sponsors B, and B
sponsors C1, C2, and C3, if B terminates her business, C1, C2, and C3 will
“roll-up” to A and become part of A’s first level.
4.26 - Sale, Transfer or Assignment of iNetGlobal Business
Although an
iNetGlobal business is a privately owned, independently operated business, the
sale, transfer or assignment of an iNetGlobal business is subject to certain
limitations. If a Consultant wishes to sell his or her iNetGlobal business,
the following criteria must be met:
a)
Protection of the existing line of sponsorship
must always be maintained so that the iNetGlobal business continues to be
operated in that line of sponsorship.
b)
The buyer or transferee must become a qualified iNetGlobal
Consultant. If the buyer is an active iNetGlobal Consultant, he or she must
first terminate his or her iNetGlobal business and wait six calendar months
before acquiring any interest in a different iNetGlobal business.
c)
Before the sale, transfer or assignment can be
finalized and approved by iNetGlobal, any debt obligations the selling Consultant
has with iNetGlobal must be satisfied.
d)
The selling Consultant must be in good standing
and not in violation of any of the terms of the Agreement in order to be
eligible to sell, transfer or assign an iNetGlobal business.
Prior to selling an iNetGlobal business, the selling Consultant must
notify iNetGlobal’s Support Department of his or her intent to sell the iNetGlobal
business. No changes in line of sponsorship can result from the sale or
transfer of an iNetGlobal business.
4.27 - Separation of an iNetGlobal Business
iNetGlobal Consultants sometimes operate their iNetGlobal businesses
as husband-wife partnerships, regular partnerships, corporations, or trusts.
At such time as a marriage may end in divorce or a corporation, partnership or
trust (the latter three entities are collectively referred to herein as
“entities”) may dissolve, arrangements must be made to assure that any
separation or division of the business is accomplished so as not to adversely
affect the interests and income of other businesses up or down the line of
sponsorship. If the separating parties fail to provide for the best interests
of other Consultants and the Company in a timely fashion, iNetGlobal will
involuntarily terminate the Consultant Agreement.
During the
divorce or entity dissolution process, the parties must adopt one of the
following methods of operation:
a)
One of the parties may, with consent of the
other(s), operate the iNetGlobal business pursuant to an assignment in writing
whereby the relinquishing spouse, shareholders, partners or trustees authorize iNetGlobal
to deal directly and solely with the other spouse or non-relinquishing
shareholder, partner or trustee.
b)
The parties may continue to operate the iNetGlobal
business jointly on a “business-as-usual” basis, whereupon all compensation
paid by iNetGlobal will be paid according to the status quo as it existed prior
to the divorce filing or dissolution proceedings. This is the default
procedure if the parties do not agree on the format set forth above.
Under no
circumstances will the Downline Organization of divorcing spouses or a
dissolving business entity be divided. Similarly, under no circumstances will iNetGlobal
split commission and bonus checks between divorcing spouses or members of
dissolving entities. iNetGlobal will recognize only one Downline Organization
and will issue only one commission check per iNetGlobal business per commission
cycle. Commission checks shall always be issued to the same individual or
entity. In the event that parties to a divorce or dissolution proceeding are
unable to resolve a dispute over the disposition of commissions and ownership
of the business in a timely fashion as determined by the Company, the Consultant
Agreement shall be involuntarily canceled.
If a
former spouse has completely relinquished all rights in the original iNetGlobal
business pursuant to a divorce, he or she is thereafter free to enroll under
any sponsor of his or her choosing without waiting six calendar months. In the
case of business entity dissolutions, the former partner, shareholder, member,
or other entity affiliate who retains no interest in the business must wait six
calendar months from the date of the final dissolution before re-enrolling as a
Consultant. In either case however, the former spouse or business affiliate
shall have no rights to any Consultants in their former organization or to any
former retail customer. They must develop the new business in the same manner
as would any other new Consultant.
4.28 - Sponsoring
All active
Consultants in good standing have the right to sponsor and enroll others into iNetGlobal.
Each prospective Consultant has the ultimate right to choose his or her own Sponsor.
If two Consultants claim to be the Sponsor of the same new Consultant, the
Company shall regard the first application received by the Company as
controlling.
4.29 - Succession
Upon the death or incapacitation of a Consultant, his or her
business may be passed to his or her heirs. Appropriate legal documentation
must be submitted to the Company to ensure the transfer is proper.
Accordingly, a Consultant should consult an attorney to assist him or her in
the preparation of a will or other testamentary instrument. Whenever an iNetGlobal
business is transferred by a will or other testamentary process, the
beneficiary acquires the right to collect all bonuses and commissions of the
deceased Consultant’s marketing organization provided the following qualifications
are met. The successor(s) must:
a)
Execute a Consultant Agreement;
b)
Comply with terms and provisions of the
Agreement; and
c)
Meet all of the qualifications for the deceased Consultant’s
status.
Bonus and commission checks of an iNetGlobal business transferred
pursuant to this section will be paid in a single check jointly to the devisees. The devisees must provide iNetGlobal with an “address of record” to which
all bonus and commission checks will be sent. If the business is bequeathed to
joint devisees, they must form a business entity and acquire a federal taxpayer
Identification number. iNetGlobal will issue all bonus and commission checks
and one 1099 to the business entity.
4.29.1 -
Transfer Upon Death of a Consultant
To effect a
testamentary transfer of an iNetGlobal business, the successor must provide the
following to iNetGlobal: (1) an original death certificate; (2) a notarized
copy of the will or other instrument establishing the successor’s right to the iNetGlobal
business; and (3) a completed and executed Consultant Agreement.
4.29.2 - Transfer
Upon Incapacitation of a Consultant
To effectuate a transfer of an iNetGlobal business because of
incapacity, the successor must provide the following to iNetGlobal: (1) a
notarized copy of an appointment as trustee; (2) a notarized copy of the trust
document or other documentation establishing the trustee’s right to administer
the iNetGlobal business; and (3) a completed Consultant Agreement executed by
the trustee.
4.30 - Telemarketing Techniques
The Federal Trade Commission and the Federal Communications
Commission each have laws that restrict telemarketing practices. Both federal
agencies (as well as a number of states) have “do not call” regulations as part
of their telemarketing laws. Although iNetGlobal does not consider Consultants
to be “telemarketers” in the traditional sense of the word, these government
regulations broadly define the term “telemarketer” and “telemarketing” so that
your inadvertent action of calling someone whose telephone number is listed on
the federal “do not call” registry could cause you to violate the law.
Moreover, these regulations must not be taken lightly, as they carry
significant penalties (up to $11,000.00 per violation).
Therefore, Consultants must not engage in
telemarketing in the operation of their iNetGlobal businesses. The term
“telemarketing” means the placing of one or more telephone calls to an
individual or entity to induce the purchase of an iNetGlobal product or service,
or to recruit them for the iNetGlobal opportunity. “Cold calls" made
to prospective customers or Consultants that promote either iNetGlobal’s
products or services or the iNetGlobal opportunity constitute telemarketing and
are prohibited. However, a telephone call(s) placed to a prospective customer
or Consultant (a "prospect") is permissible under the following
situations:
a)
If the Consultant has an established
business relationship with the prospect. An “established business
relationship” is a relationship between a Consultant and a prospect based
on the prospect’s purchase, rental, or lease of goods or services from the Consultant,
or a financial transaction between the prospect and the Consultant, within the
eighteen (18) months immediately preceding the date of a telephone call to
induce the prospect's purchase of a product or service.
b)
The prospect’s personal inquiry or application
regarding a product or service offered by the Consultant, within the three (3)
months immediately preceding the date of such a call.
c)
If the Consultant receives written and signed
permission from the prospect authorizing the Consultant to call. The
authorization must specify the telephone number(s) which the Consultant is
authorized to call.
d)
You may call family members, personal friends,
and acquaintances. An “acquaintance” is someone with whom you have at least a
recent first-hand relationship within the preceding three months. Bear in
mind, however, that if you engage in “card collecting” with everyone you meet
and subsequently calling them, the FTC may consider this a form of
telemarketing that is not subject to this exemption. Thus, if you engage in
calling “acquaintances,” you must make such calls on an occasional basis only
and not make this a routine practice.
In addition, Consultants shall not use automatic telephone dialing
systems relative to the operation of their iNetGlobal businesses. The term
“automatic telephone dialing system” means equipment 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.
SECTION
5 - RESPONSIBILITIES
OF CONSULTANTS
5.1 - Change of Address, Telephone, and E-Mail Addresses
To ensure timely delivery of products, support materials and
commission checks, it is critically important that the iNetGlobal’s files are current.
Street addresses are required for shipping. Consultants planning to move
should update their personal information via the Back Office function of the Consultant’s
replicated iNetGlobal website send their new address and telephone numbers to iNetGlobal’s
Corporate Offices to the attention of the Support Department. To guarantee
proper delivery, two weeks advance notice must be provided to iNetGlobal on all
changes.
5.2 - Continuing Development Obligations
5.2.1 - Ongoing Training
Any Consultant
who sponsors another Consultant into iNetGlobal must perform a bona fide
assistance and training function to ensure that his or her downline is properly
operating his or her iNetGlobal business. Consultants must have ongoing
contact and communication with the Consultants in their Downline
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 Consultants to iNetGlobal meetings, training sessions, and other
functions. Upline Consultants are also responsible to motivate and train new Consultants
in iNetGlobal product and service knowledge, effective sales techniques, the iNetGlobal
Marketing and Compensation Plan, and compliance with Company Policies and
Procedures. Communication with and the training of downline Consultants must
not, however, violate Section 4.2 (regarding the development of Consultant-produced
sales aids and promotional materials).
Consultants
should monitor the Consultants in their Downline Organizations to guard against
downline Consultants making improper product or business claims, or engaging in
any illegal or inappropriate conduct.
5.2.2 - Increased Training Responsibilities
As Consultants progress through the various levels of leadership,
they will become more experienced in sales techniques, product knowledge, and
understanding of the iNetGlobal program. They will be called upon to share
this knowledge with lesser experienced Consultants within their organization.
5.2.3 - Ongoing Sales Responsibilities
Regardless of their level of achievement, Consultants have an
ongoing obligation to continue to personally promote sales through the
generation of new customers and through servicing their existing customers.
5.3 - Nondisparagement
iNetGlobal wants to provide its independent Consultants with the
best products and services, compensation plan, and service in the industry.
Accordingly, we value your constructive criticisms and comments. All such
comments should be submitted in writing to the Support Services Department.
Remember, to best serve you, we must hear from you! While iNetGlobal welcomes
constructive input, negative comments and remarks made in the field by Consultants
about the Company, its products or services, or compensation plan serve no
purpose other than to sour the enthusiasm of other iNetGlobal Consultants. For
this reason, and to set the proper example for their downline, Consultants must
not disparage, demean, or make negative remarks about iNetGlobal, other iNetGlobal
Consultants, iNetGlobal’s products or services, the Marketing and Compensation
plan, or iNetGlobal’s directors, officers, or employees.
5.4 - Providing Documentation to Applicants
Consultants must provide the most current version of the Policies
and Procedures and the Compensation Plan to individuals whom they are
sponsoring to become Consultants before the applicant signs a Consultant
Agreement. Additional copies of Policies and Procedures can be downloaded from
iNetGlobal’s website.
5.5 - Reporting Policy Violations
Consultants observing a Policy violation by another Consultant
should submit a written report of the violation directly to the attention of
the iNetGlobal Compliance Department. Details of the incidents such as dates,
number of occurrences, persons involved, and any supporting documentation
should be included in the report.
SECTION 6 - SALES
REQUIREMENTS
6.1 - Product and Service Sales
The iNetGlobal Marketing and Compensation Plan is based on the sale
of iNetGlobal products and services to end consumers. Consultants must fulfill
personal and Downline Organization retail sales requirements (as well as meet
other responsibilities set forth in the Agreement) to be eligible for bonuses,
commissions and advancement to higher levels of achievement. The following
sales requirements must be satisfied for Consultants to be eligible for
commissions:
a)
Consultants must satisfy the Personal Sales
Volume and Group Sales Volume requirements to fulfill the requirements
associated with their rank as specified in the iNetGlobal Marketing and
Compensation Plan. “Personal Sales Volume” includes purchases made by the Consultant
and purchases made by the Consultant’s personal customers. Group Sales Volume
shall include the total Sales Volume of all Consultants in his or her marketing
organization.
b)
At least 51% of a Consultant’s total monthly personal
sales volume must be sold to personal retail customers.
c)
Consultants must develop or maintain at least three
(3) active customers every month.
6.2
- No
Territory Restrictions
There are no exclusive territories granted to anyone. No franchise
fees are required.
SECTION 7 - BONUSES AND
COMMISSIONS
7.1 - Bonus and Commission
Qualifications
A Consultant
must be active and in compliance with the Agreement to qualify for bonuses and
commissions. So long as a Consultant complies with the terms of the Agreement,
iNetGlobal shall pay commissions to such Consultant in accordance with the
Marketing and Compensation plan. The minimum amount for which iNetGlobal will
issue a check or load a payment card is $50.00. A Consultant must wait until
his or her accrued bonuses and commissions equal or exceed $50.00 before
requesting payment from iNetGlobal.
7.2 - Adjustment to Bonuses
and Commissions
Consultants receive bonuses and commissions based on the actual
sales of products and services to end consumers. When an iNetGlobal service is
cancelled and the customer or Consultant cancelling the service is entitled to
a refund, the bonuses and commissions attributable to the cancelled service
will be deducted, in the month in which the refund is given, and continuing
every pay period thereafter until the commission is recovered, from the Consultants
who received bonuses and commissions on the sale of the cancelled service.
7.3 - Reports
All
information provided by iNetGlobal in online or telephonic downline activity
reports, including but not limited to personal and group sales volume (or any
part thereof), and downline sponsoring activity is believed to be accurate and
reliable. Nevertheless, due to various factors including but not limited to
the inherent possibility of human and mechanical error; the accuracy,
completeness, and timeliness of orders; denial of credit card and electronic
check payments; returned products; credit card and electronic check
charge-backs; the information is not guaranteed by iNetGlobal or any persons
creating or transmitting the information.
ALL PERSONAL
AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT
WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN
PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON‑INFRINGEMENT.
TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INETGLOBAL AND/OR OTHER
PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO
ANY CONSULTANT OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS
TO PERSONAL AND GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO
LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT
MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF
THE USE OF THE INFORMATION), EVEN IF INETGLOBAL OR OTHER PERSONS CREATING OR
TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, INETGLOBAL OR OTHER PERSONS
CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR
LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to
and use of iNetGlobal’s online and telephone reporting services and your
reliance upon such information is at your own risk. All such information is
provided to you "as is". If you are dissatisfied with the accuracy
or quality of the information, your sole and exclusive remedy is to discontinue
use of and access to iNetGlobal’s online and telephone reporting services and
your reliance upon the information.
SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
8.1 - Product and Service Guarantee
iNetGlobal offers a 100% 3 day money-back satisfaction guarantee
(less any product used or consumed) to all Customers and Consultants. This
guarantee applies to all products including iNetGlobal advertising services.
For all iNetGlobal services, there is a 3-day right of rescission.
8.2 - Return of Inventory
and Sales Aids by Consultants Upon Cancellation
Due to their unique Digital nature after the 3 Day Refund Policy
there is No Possibility to Return the Products and or Services. Upon
cancellation of a Consultant’s Agreement, the Consultant may Not return his or
her inventory of any iNetGlobal products or services and sales aids held in his
or her inventory for a refund. Purchases made from other Consultants or
third parties are not subject to refund. If a Consultant was paid a commission
based on a product(s) that he or she purchased, and such product(s) is
subsequently returned for a refund, the commission that was paid based on that
product purchase will be deducted from the amount of the refund.
8.3.1 - Montana Residents
A Montana resident may cancel his or her Consultant Agreement within
15 days from the date of enrollment and receive a full refund of the V-Kit
subscription within such time period.
8.4 - Procedures for All Refund
Requests
All
product and service cancellations by Consultants must be done through the Consultant’s
Back Office pursuant to the instructions posted there. Customers may cancel a
product or service by contacting the Consultant who sold the product or service
to the Customer. The Consultant must honor the customer’s refund request.
Within 10 days of issuing a refund to a customer for a cancelled product or
service, the Consultant may contact the Company to receive a refund or
replacement. Customers who purchase products or services directly from the
Company may cancel by contacting the Company directly and requesting a refund.
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary Sanctions
Violation
of the Agreement, these Policies and Procedures, violation of any common law
duty, including but not limited to any applicable duty of loyalty, any illegal,
fraudulent, deceptive or unethical business conduct, or any act or omission by
a Consultant that, in the sole discretion of the Company may damage its
reputation or goodwill (such damaging act or omission need not be related to
the Consultant’s iNetGlobal business), may result, at iNetGlobal's discretion,
in one or more of the following corrective measures:
·
Issuance of a written warning or admonition;
·
Requiring the Consultant to take immediate
corrective measures;
·
Imposition of a fine, which may be withheld from
bonus and commission checks;
·
Loss of rights to one or more bonus and
commission checks;
·
iNetGlobal may withhold from a Consultant all or
part of the Consultant’s bonuses and commissions during the period that iNetGlobal
is investigating any conduct allegedly violative of the Agreement. If a Consultant’s
business is canceled for disciplinary reasons, the Consultant will not be entitled to recover any commissions withheld during the investigation period;
·
Suspension of the individual’s Consultant
Agreement for one or more pay periods;
·
Transfer of a portion or all of the Consultant’s
marketing organization or downline;
·
Involuntary termination of the offender’s Consultant
Agreement;
·
Suspension and/or termination of the offending Consultant’s
iNetGlobal website or website access;
·
Any other measure expressly allowed within any
provision of the Agreement or which iNetGlobal deems practicable to implement
and appropriate to equitably resolve injuries caused partially or exclusively
by the Consultant’s policy violation or contractual breach;
·
In situations deemed appropriate by iNetGlobal,
the Company may institute legal proceedings for monetary and/or equitable
relief.
9.2 - Grievances and
Complaints
When a Consultant has a grievance or complaint with another Consultant
regarding any practice or conduct in relationship to their respective iNetGlobal
businesses, the complaining Consultant 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 upline Sponsor. If the matter involves interpretation or
violation of Company policy, it must be reported in writing to the Support
Department at the Company. The Support Services 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.
9.3 - Dispute Resolution
Board
The
purpose of the Dispute Resolution Board is to: (1) review appeals of disciplinary
sanctions; and (2) review matters between iNetGlobal Consultants. After the
response or settlement instituted by Support Services has been denied or
otherwise remains unresolved, the Dispute Resolution Board reviews evidence,
deliberates, and responds to current outstanding issues on a collective basis.
A Consultant
may submit a written request for a telephonic or in-person hearing within seven
business days from the date of: (1) the written notice by iNetGlobal of
disciplinary action; or (2) the written decision of Support Services regarding
disputes between Consultants. All communication with iNetGlobal and the Consultant
seeking resolution of a dispute must be in writing. 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 60 days of receipt of the Consultant’s
written request. All evidence (e.g., documents, exhibits, etc.) that a Consultant
desires to have considered by the DRB must be submitted to iNetGlobal no later
than seven business days before the date of the hearing. The Consultant shall
bear all of the expenses related to his or her attendance and the attendance of
any witnesses he or she desires to be present at the hearing. The decision of
the Dispute Resolution Board will be final and subject to no further review.
During the pendency of the claim before the DRB, the Consultant waives his or
her right to pursue arbitration or any other remedy.
Following
issuance of a sanction, the disciplined Consultant may appeal the sanction to
the Dispute Resolution Board (“DRB”). Consultant's appeal must be in writing
and received by the Company within 15 days from the date of iNetGlobal's
cancellation notice. If the appeal is not received by iNetGlobal within the 15
day period, the sanction will be final. The Consultant must submit all
supporting documentation with his or her appeal correspondence. If the Consultant
files a timely appeal of cancellation, the DRB will review and reconsider the
cancellation, consider any other appropriate action, and notify the Consultant
in writing of its decision.
9.4
- Mediation
Prior to instituting an arbitration, the parties shall meet in
good faith and attempt to resolve any dispute arising from or relating to the
Agreement through non-binding mediation. One individual who is mutually
acceptable to the parties shall be appointed as mediator. The 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 shared fees and costs at least 10 days in advance of the
mediation. Each party shall pay its own attorneys fees, costs, and individual
expenses associated with conducting and attending the mediation. Mediation
shall be held in the City of Minneapolis, Minnesota and shall last no more than
two business days.
9.5
- 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. Consultants waive all
rights to trial by jury or to any court. All arbitration proceedings shall be
held in Minneapolis, Minnesota. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be
one arbitrator, an attorney at law, who shall have expertise in business law
transactions with a strong preference being an attorney knowledgeable in the
direct selling industry, selected from the panel which the American Arbitration
Panel provides. Each party to the arbitration shall be responsible for its own
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, nothing in these Policies and Procedures shall prevent iNetGlobal
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 iNetGlobal’s
interest prior to, during or following the filing of any arbitration or other
proceeding or pending the rendition of a decision or award in connection with
any arbitration or other proceeding.
9.6
- Governing
Law, Jurisdiction and Venue
Jurisdiction
and venue of any matter not subject to arbitration shall reside exclusively in Hennepin
County, State of Minnesota. The Federal Arbitration Act shall govern all
matters relating to arbitration. The law of the State of Minnesota shall
govern all other matters relating to or arising from the Agreement. Notwithstanding
the foregoing, and the mediation and arbitration provisions in Sections 9.4 and
9.5, residents of the State of Louisiana shall be entitled to bring an action
against iNetGlobal in their home forum and pursuant to Louisiana law.
SECTION
10 - PAYMENT AND SHIPPING
10.1
- Returned
Checks
All checks
returned by a Consultant’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 Consultant.
After receiving a returned check from a customer or a Consultant, all
future orders must be paid by Credit Card, money order or cashier’s check. Any
outstanding balance owed to iNetGlobal by a Consultant for NSF checks and
returned check fees will be withheld from subsequent bonus and commission
checks.
10.2
- Restrictions
on Third Party Use of Credit Cards and Checking Account Access
Consultants
shall not permit other Consultants or customers to use his or her credit card,
or permit debits to their checking accounts, to enroll or to make purchases
from the Company.
SECTION 11 - INACTIVITY, RECLASSIFICATION &
CANCELLATION
11.1
- Effect
of Cancellation
So long as a Consultant
remains active and complies with the terms of the Consultant Agreement and
these Policies and Procedures, iNetGlobal shall pay commissions to such Consultant
in accordance with the Marketing and Compensation Plan. A Consultant’s bonuses
and commissions constitute the entire consideration for the Consultant's
efforts in generating sales and all activities related to generating sales
(including building a downline organization). Following a Consultant’s
non-renewal of his or her Consultant Agreement, cancellation for inactivity, or
voluntary or involuntary cancellation of his or her Consultant Agreement (all
of these methods are collectively referred to as “cancellation”), the former Consultant
shall have no right, title, claim or interest to the marketing organization
which he or she operated, or any commission or bonus from the sales generated
by the organization. A Consultant whose business is cancelled will lose all
rights as a Consultant. This includes the right to sell iNetGlobal products
and services and the right to receive future commissions, bonuses, or other
income resulting from the sales and other activities of the Consultant’s former
downline sales organization. In the event of cancellation, Consultants agree
to waive all rights they may have, including but not limited to property
rights, to their former downline organization and to any bonuses, commissions
or other remuneration derived from the sales and other activities of his or her
former downline organization.
Following a Consultant’s
cancellation of his or her Consultant Agreement, the former Consultant shall
not hold himself or herself out as an iNetGlobal Consultant and shall not have
the right to sell iNetGlobal products or services. A Consultant whose Consultant
Agreement is canceled shall receive commissions and bonuses only for the last
full pay period he or she was active prior to cancellation (less any amounts
withheld during an investigation preceding an involuntary cancellation).
11.2
- Cancellation
Due to Inactivity
If a Consultant
has not earned a commission for three (3) consecutive months (and thus become
“inactive”), his or her Consultant Agreement shall be canceled for inactivity.
11.2.1
- Reclassification
Following Cancellation Due to Inactivity
If a Consultant
does not earn a commission or bonus for three (3) consecutive months, his or her
Consultant Agreement will be cancelled for inactivity. If he or she is a
subscriber to any of the Company’s products or services, the subscription(s)
shall remain in force and the Consultant shall be reclassified as a customer.
11.3
- Involuntary
Cancellation
A Consultant’s
violation of any of the terms of the Agreement, including any amendments that
may be made by iNetGlobal in its sole discretion, may result in any of the
sanctions listed in Section 9.1, including the involuntary cancellation of his
or her Consultant Agreement. Cancellation shall be effective on the date on
which written notice is mailed, faxed, or delivered to an express courier, to
the Consultant’s last known address (or fax number), or to his/her attorney, or
when the Consultant receives actual notice of cancellation, whichever occurs
first.
iNetGlobal
reserves the right to terminate all Consultant Agreements upon thirty (30) days
written notice in the event that it elects to: (1) cease business operations;
(2) dissolve as a corporate entity; or (3) terminate distribution of its
products via direct selling.
11.4
- Voluntary
Cancellation
A
participant in this network marketing 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 Consultant’s
signature, printed name, address, and Consultant I.D. Number. If a Consultant
is also a subscriber to any of the Company’s products or services, the
subscription(s) shall remain in force and the Consultant shall be reclassified
as a customer unless the Consultant also specifically requests that his or her subscription(s)
also be canceled.
11.5
- Non-renewal
A Consultant may also voluntarily cancel his or her Consultant
Agreement by failing to renew the Agreement on its anniversary date. The
Company may also elect not to renew a Consultant's Agreement upon its anniversary
date.
SECTION
12 - DEFINITIONS
Active Customer
— A customer who purchases iNetGlobal products and whose account has been paid
for the current month.
Active Consultant
— A Consultant who satisfies the minimum Personal Sales Volume requirements, as
set forth in the iNetGlobal Marketing and Compensation Plan, to ensure that he
or she is eligible to receive bonuses and commissions.
Active Rank —
The term “active rank” refers to the current rank of a Consultant, as
determined by the iNetGlobal Marketing and Compensation Plan, for any month.
To be considered “active” relative to a particular rank, a Consultant must meet
the criteria set forth in the iNetGlobal Marketing and Compensation Plan for
his or her respective rank. (See the definition of “Rank” below.)
Agreement — The
contract between the Company and each Consultant includes the Consultant
Application and Agreement, the iNetGlobal Policies and Procedures, the iNetGlobal
Marketing and Compensation Plan, and the Business Entity Form (where
appropriate), all in their current form and as amended by iNetGlobal in its
sole discretion. These documents are collectively referred to as the
“Agreement.”
Cancel — The
termination of a Consultant’s business. Cancellation may be either voluntary,
involuntary, through non-renewal or inactivity.
Downline
Activity Report — An online real-time report generated by iNetGlobal that
provides critical data relating to the identities of Consultants, sales
information, and enrollment activity of each Consultant’s Marketing
Organization. This report contains confidential and trade secret information
which is proprietary to iNetGlobal.
Downline Leg —
Each one of the individuals enrolled immediately underneath you and their
respective marketing organizations represents one “leg” in your marketing
organization.
Group Sales
Volume — The commissionable value of iNetGlobal products or services sold by a Consultant’s
Marketing Organization. (V-Kits and sales aids have no Sales Volume.)
Immediate Household
— Heads of household and dependent family members residing in the same house.
Level — The
layers of downline Consultants in a particular Consultant’s Marketing
Organization. This term refers to the relationship of a Consultant relative to
a particular upline Consultant, determined by the number of Consultants between
them who are related by sponsorship. For example, if A sponsors B, who
sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.
Marketing
Organization — The Consultants sponsored below a particular Consultant.
Official iNetGlobal
Material — Literature, audio or video tapes, CD’s, Online Brochures, and other
materials developed, printed, published and distributed by iNetGlobal to Consultants.
Personal
Production — Moving iNetGlobal products or services to an end consumer for
personal use.
Personal Sales
Volume (PSV) — The commissionable value of services and products sold in a
calendar month: (1) by the Company to a Consultant; and (2) by the Company to
the Consultant’s personally enrolled customers.
Rank — The “title” that a Consultant has achieved pursuant to the iNetGlobal Marketing and Compensation Plan.
Recruit — For
purposes of iNetGlobal’s Conflict of Interest Policy (Section 4.9), the term
“Recruit” means the actual or attempted sponsorship, solicitation, enrollment,
encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another iNetGlobal Consultant or customer to enroll
or participate in another multilevel marketing, network marketing or direct
sales opportunity. Except in California, the foregoing conduct constitutes
recruiting even if the Consultant’s actions are in response to an inquiry made
by another Consultant or customer.
Resalable — Physical
Products and Sales aids shall be deemed "resalable" if each of the
following elements is satisfied: 1) they are unopened and unused; 2) packaging
and labeling has not been altered or damaged; 3) they are in a condition such
that it is a commercially reasonable practice within the trade to sell the
merchandise at full price; 4) it is returned to iNetGlobal within one year from
the date of purchase; 5) the product contains current iNetGlobal labeling. Any
merchandise that is clearly identified at the time of sale as nonreturnable,
discontinued, or as a seasonal item, shall not be resalable.
Retail Customer
— An individual or entity that purchases iNetGlobal products or services, but
who is not a Consultant, or an immediate household family member of a Consultant.
Retail Sales —
Sales to a Retail Customer. If a sale is made to a customer who subsequently
submits an iNetGlobal Consultant Agreement within 30 days from the date of the
sale, or if an immediate household family member of the customer submits an iNetGlobal
Consultant Agreement within 30 days of the sale, such sale shall not constitute
a Retail Sale. A Consultant’s personal purchases from iNetGlobal do not
constitute Retail Sales.
Roll-Up — The
method by which a vacancy in a Marketing Organization left by a Consultant
whose Consultant Agreement has been canceled is filled.
Sponsor — A Consultant
who enrolls another Consultant into the Company, and is listed as the Sponsor
on the Consultant Application and Agreement. The act of enrolling others and
training them to become Consultants is called “sponsoring.”
Upline — This
term refers to the Consultant or Consultants above a particular Consultant in a
sponsorship line up to the Company. Conversely stated, it is the line of
sponsors that links any particular Consultant to the Company.
V-Kit — The
iNetGlobal V-Kit (Virtual Consultant Kit) consists of a replicated version of
the iNetGlobal website, acess to the Consultant Back Office, and includes
printable brochures and other business building tools. Each new Consultant is
required to subscribe to the V-Kit and renew the subscription in order to renew
his or her Consultant Agreement. The V-Kit is made available to Consultants at
the Company’s cost.
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