Join47inc, LLC
Policies and Procedures
Effective July 1, 2025
Contents
SECTION 1 - MISSION STATEMENT. 1
SECTION 2 - INTRODUCTION.. 2
2.1 - Purpose of the Independent Representative Agreement and the Policies and Procedures. 2
2.2 - Policies and Procedures Incorporated into IR Agreement. 2
2.3 - Changes to the Agreement. 2
2.4 - Policies and Provisions Severable. 3
2.5 - Waiver. 3
2.6 - Company Use of Information.. 3
SECTION 3 - BECOMING AN INDEPENDENT REPRESENTATIVE.. 5
3.1 - Requirements to Become an IR.. 5
3.2 - Technology Fee and Product Purchases. 5
3.3 - IR Benefits. 5
3.4 - Term and Renewal of Your Join47inc Business. 6
SECTION 4 - OPERATING A JOIN47INC BUSINESS.. 7
4.1 - Adherence to the Join47inc Compensation Plan.. 7
4.2 - Advertising.. 7
4.2.1 - General 7
4.2.2 - Trademarks and Copyrights. 8
4.2.3 - Media and Media Inquiries. 9
4.2.4 - Unsolicited Email and Text Messages. 10
4.2.4.1 - Requirements for All Commercial Email Messages. 10
4.2.4.2 - Additional Requirements for Email Messages Sent to Mobile or Wireless Devices. 12
4.2.4.3 - Commercial Email Messages Sent on Behalf of IRs. 14
4.2.5 - Unsolicited Faxes. 14
4.2.6 - Telephone or Online Directory Listings. 14
4.2.7 - Television and Radio Advertising.. 15
4.2.8 - Advertised Prices. 15
4.2.9 - Recordings. 15
4.3 - Online Conduct. 15
4.3.1 - IR Web Sites. 15
4.3.2 - Join47inc Replicated Websites. 15
4.3.3 - Domain Names, email Addresses and Online Aliases. 16
4.3.4 - Online Classifieds. 16
4.3.5 - eBay / Online Auctions. 17
4.3.6 - Online Retailing.. 17
4.3.7 - Banner Advertising.. 17
4.3.8 - Spam Linking.. 17
4.3.9 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.) 18
4.3.10 - Sponsored Links / Pay-Per-Click (PPC) Ads. 18
4.3.11 - Domain Names and Email Addresses. 18
4.3.12 - Social Media.. 18
4.3.13 - Prohibited Postings. 20
4.3.14 - Responding to Negative Posts. 20
4.4 - Business Entities. 20
4.4.1 - Addition or Removal of an Affiliated Party. 21
4.4.2 - Changes to a Business Entity. 22
4.5 - Change of Sponsor. 22
4.5.1 - Misplacement 22
4.5.2 - Upline Approval 22
4.5.3 - Termination and Re-application.. 23
4.5.4 - Waiver of Claims. 23
4.6 - Unauthorized Claims and Actions. 23
4.6.1 - Indemnification.. 23
4.6.2 - Product Claims. 24
4.6.3 - Compensation Plan Claims. 24
4.6.4 - Income Disclosure Statement 25
4.7 - Repackaging and Re-labeling Prohibited.. 27
4.8 - Commercial Outlets. 27
4.9 - Military Installations. 27
4.10 - Trade Shows, Expositions and Other Sales Forums. 29
4.11 - Conflicts of Interest. 29
4.11.1 - Crossline Recruiting and Communication.. 29
4.11.2 - Nonsolicitation.. 30
4.11.3 - IR Participation in Other Network Marketing Programs. 31
4.11.4 - Confidential Information.. 32
4.12 - Targeting Other Direct Sellers. 33
4.13 - Errors or Questions. 33
4.14 - Governmental Approval or Endorsement. 33
4.15 - Holding Applications or Orders. 34
4.16 - Income Taxes. 34
4.17 - Independent Contractor Status. 34
4.18 - Insurance. 34
4.19 - International Marketing.. 35
4.20 - Excess Inventory and Bonus Buying.. 36
4.21 - Adherence to Laws, Regulations and the Agreement. 37
4.22 - One Join47inc Business Per IR and Per Household.. 37
4.23 - Actions of Household Members or Affiliated Parties. 37
4.24 - Requests for Records. 38
4.25 - Roll-up of Marketing Organization.. 38
4.26 - Sale, Transfer or Assignment of Join47inc Business. 38
4.27 - Separation of a Join47inc Business. 39
4.28 - Sponsoring Online. 40
4.29 - Succession.. 40
4.29.1 - Transfer Upon Death of an IR.. 41
4.29.2 - Transfer Upon Incapacitation of an IR.. 41
4.30 - Telemarketing Techniques. 41
4.31 - Back Office Access. 43
4.32 - Unauthorized Communication.. 43
SECTION 5 - RESPONSIBILITIES OF IRS.. 44
5.1 - Change of Address, Telephone, and E-Mail Addresses. 44
5.2 - Continuing Development Obligations. 44
5.2.1 - Ongoing Training.. 44
5.2.2 - Increased Training Responsibilities. 44
5.2.3 - Ongoing Sales Responsibilities. 45
5.2.4 - Reporting Policy Violations. 45
5.3 - Nondisparagement. 45
5.4 - Providing Documentation to Applicants. 46
SECTION 6 - SALES REQUIREMENTS.. 47
6.1 - Product Sales. 47
6.2 - No Territory Restrictions. 47
SECTION 7 - BONUSES AND COMMISSIONS.. 48
7.1 - Bonus and Commission Qualifications and Accrual. 48
7.2 - Adjustment to Bonuses and Commissions. 48
7.2.1 - Adjustments for Returned Products, Disputed Charges and Chargebacks. 48
7.2.2 - Hard Copy Commission Checks. 49
7.2.3 - Tax Withholdings. 49
7.3 - Reports. 49
SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE.. 51
8.1 - Product Guarantee and Rescission.. 51
8.2 - Rescission.. 51
8.2.1 - Retail Customers. 51
8.2.2 - Direct and Preferred Customers. 51
8.2.3 - Informing Customers. 52
8.3 - Return of Inventory and Sales Aids by IRs Upon Termination.. 52
8.3.1 Montana Residents. 53
8.4 - Procedures for All Returns. 53
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS.. 55
9.1 - Disciplinary Sanctions. 55
9.2 - Grievances and Complaints. 56
9.3 - Mediation.. 56
9.4 - Arbitration.. 56
9.5 - Governing Law, Jurisdiction, and Venue. 57
9.5.1 - Louisiana Residents. 58
SECTION 10 - PAYMENTS.. 59
10.1 - Insufficient Credit. 59
10.2 - Restrictions on Third Party Use of Credit Cards or Debit Cards. 59
10.3 - Sales Taxes. 59
SECTION 11 - INACTIVITY, RECLASSIFICATION AND TERMINATION.. 60
11.1 - Effect of Termination.. 60
11.2 - Termination Due to Inactivity. 60
11.2.1 - Failure to Meet PV Quota. 60
11.2.2 - Failure to Earn Commissions. 61
11.2.3 - Reclassification Following Termination Due to Inactivity. 61
11.3 - Involuntary Termination.. 61
11.4 - Voluntary Termination.. 61
11.5 - Non-renewal. 61
11.6 - Exceptions to Activity Requirements. 62
11.6.1 - Maternity. 62
11.6.2 - Military Deployment. 62
SECTION 12 - DEFINITIONS.. 63
- 1 - MISSION STATEMENT
To create a fun and inspiring place where people feel empowered, not pressured. Products are pure, effective and trustworthy.
Education and support are a part of the journey and success isn’t a secret it’s shared. We don’t promise overnight riches or hype, we promise a community that believes in you.
And a chance to build something real together.
- 2 - INTRODUCTION
-
- - Purpose of the Independent Representative Agreement and the Policies and Procedures
The purposes of the Independent Representative Agreement and the Policies and Procedures include the following:
- To assist Independent Representatives (“IRs”) in building and protecting their businesses;
- To protect Join47inc and its IRs from legal and regulatory risks;
- To establish standards of acceptable behavior;
- To set forth the rights, privileges, and obligations of Join47inc and its IRs; and
- To define the relationship between Join47inc and its IRs.
-
- - Policies and Procedures Incorporated into IR Agreement
These Policies and Procedures, in their present form and as amended by Join47inc, LLC (hereafter “Join47inc” or the “Company”), are incorporated into, and form an integral part of, the Join47inc Independent IR Application and Agreement (“IR Agreement”). It is the responsibility of each IR to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Join47inc IR Application and Agreement (including the Terms and Conditions), these Policies and Procedures, and the Join47inc Business Entity Registration Form (if applicable). These documents are incorporated by reference into the Join47inc IR Agreement (all in their current form and as amended by Join47inc). In the event that the Business Entity Registration Form is not submitted by an entity that enrolls as an IR within sixty (60) days of its date of enrollment, Join47inc is authorized to and shall withhold any and all compensation to which the IR is due from Join47inc until a properly completed Business Entity Registration Form is submitted to it.
-
- - Changes to the Agreement
Join47inc reserves the right to amend the Agreement, the Compensation Plan, and its prices in its sole and absolute discretion. By executing the IR Agreement, an IR agrees to abide by all amendments or modifications that Join47inc elects to make. Amendments shall be effective thirty (30) days after publication of notice that any of the foregoing items has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) posting in IRs’ back-offices; (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of an IR’s Join47inc business, the acceptance of any benefits under the Agreement, or an IR’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
-
- - 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.
-
- - 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 Join47inc to exercise any right or power under the Agreement or to insist upon strict compliance by an IR 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 Join47inc’s right to demand exact compliance with the Agreement. Any waiver by Join47inc of any term of the Agreement or any breach of the Agreement must be in writing and signed by an authorized officer of Join47inc. Waiver by Join47inc of any breach of the Agreement by an IR shall not operate or be construed as a waiver of any subsequent breach. The existence of any claim or cause of action of an IR against Join47inc shall not constitute a defense to Join47inc’s enforcement of any term or provision of the Agreement.
-
- - Company Use of Information
By submitting an IR Application and Agreement that is accepted by Join47inc, the IR consents to allow Join47inc, its affiliates, and any related company to: (a) process and utilize the information submitted in the IR Application and Agreement (as amended from time to time) for business purposes related to the Join47inc business; and (b) disclose, now or in the future, such IR information to companies which Join47inc may, from time to time, deal with to deliver information to an IR to improve its marketing, operational, and promotional efforts. An IR has the
right to access his or her personal information via his or her respective back office, and to submit updates thereto.
- 3 - BECOMING AN INDEPENDENT REPRESENTATIVE
-
- - Requirements to Become an IR
To become a Join47inc IR, each applicant must:
- Be at least 18 years of age;
- Reside in the United States or U.S. Territories or country that Join47inc has officially announced is open for business;
- Provide Join47inc with his/her valid Social Security or Federal Tax ID number;
- Pay the monthly Technology Fee (optional for residents of North Dakota); and
- Submit a properly completed online IR Application and Agreement to Join47inc.
Join47inc reserves the right to accept or reject any IR Application and Agreement for any reason or for no reason.
A person who is recognized as a minor in his or her jurisdiction of residence may not be an IR. An IR shall not enroll or recruit minors or anyone unable to legally form a contract to become an IR. Notwithstanding the foregoing, a minor over the age of 16 who desires to become an IR must: (a) obtain a parent’s or guardian's signature on the IR Agreement; (b) be sponsored by or added to his or her parent’s or guardian’s IR’s business if the Parent or guardian of the minor is an IR; and (c) must not be a signatory in any IR’s business other than a parent’s or guardian’s IR’s business.
-
- - Technology Fee and Product Purchases
With the exception of the monthly Technology Fee, no person is required to purchase Join47inc products, services or sales aids, or to pay any charge or fee to become an IR.
-
- - IR Benefits
Once an IR Application and Agreement has been accepted by Join47inc, the benefits of the Compensation Plan and the IR Agreement are available to the new IR. These benefits include the right to:
- Sell Join47inc products;
- Participate in the Join47inc Compensation Plan (receive bonuses and commissions, if eligible);
- Sponsor other individuals IRs into the Join47inc business and thereby, build a marketing organization and progress through the Join47inc Compensation Plan;
- Receive periodic Join47inc literature and other Join47inc communications;
- Participate in Join47inc-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
- Participate in promotional and incentive contests and programs sponsored by Join47inc for its IRs.
-
- - Term and Renewal of Your Join47inc Business
The term of the IR Agreement is month-to-month, and is automatically renewed upon the payment of the monthly Technology Fee. Should an IR fail to pay his/her monthly Technology Fee, the IR’s business will be put on suspension will not be eligible for commissions or bonuses for that month until all past-due website fees are paid. If the IR fails to pay his/her website fee for three consecutive months, the IR’s Agreement shall be permanently terminated. Join47inc shall have the right in its sole and absolute discretion not to accept the Agreement or any renewal of it.
- 4 - OPERATING A JOIN47INC BUSINESS
-
- - Adherence to the Join47inc Compensation Plan
IRs must adhere to the terms of the Join47inc Compensation Plan as set forth in official Join47inc literature. IRs shall not offer the Join47inc opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official Join47inc literature. IRs shall not require or encourage other current or prospective Customers or IRs to execute any agreement or contract other than official Join47inc agreements and contracts in order to become a Join47inc IR. Similarly, IRs shall not require or encourage other current or prospective Customers or IRs to make any purchase from, or payment to, any individual or other entity to participate in the Join47inc Compensation Plan other than those purchases or payments identified as recommended or required in official Join47inc documents or literature.
-
- - Advertising
- - General
All IRs shall safeguard and promote the good reputation of Join47inc and its products. The marketing and promotion of Join47inc, the Join47inc opportunity, the Compensation Plan, and Join47inc products must avoid all discourteous, deceptive, misleading, unethical or immoral, or illegal conduct or practices.
To promote both the products and services, and the tremendous opportunity Join47inc offers, IRs should use the sales aids, business tools, and support materials produced by Join47inc. The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.
Accordingly, IRs may only advertise or promote their Join47inc business using approved tools, templates or images acquired through Join47inc. No approval is necessary to use these approved tools. If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the Join47inc advertising department (adapproval@Join47inc.com) for consideration and inclusion in the template/image library. Unless you receive specific written approval from Join47inc to use such tools, the request shall be deemed denied. Go to the Template Library tab in your back office for guidelines and to access the library. IRs are prohibited from translating any Join47inc materials from English into other languages.
IRs may not sell sales aids to other Join47inc IRs. Therefore, IRs who receive authorization from Join47inc to produce their own sales aids may not sell such material to any other Join47inc IR. IRs may make approved material available to other IRs free of charge if they wish, but may not charge other Join47inc IRs for the material.
Join47inc further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and IRs waive all claims for damages or remuneration arising from or relating to such rescission.
-
-
- - Trademarks and Copyrights
The name of Join47inc and other names as may be adopted by Join47inc are proprietary trade names, trademarks and service marks of Join47inc (collectively “Marks”). As such, these Marks are of great value to Join47inc and are supplied to IRs for their use only in an expressly authorized manner. Join47inc will only allow the limited non-exclusive use of its Marks, designs, or symbols, or any derivatives thereof, solely by an IR in the furtherance or operation of his or her Join47inc business, consistent with these Policies and Procedures. Join47inc will not allow the use of its Marks, designs, or symbols, or any derivatives thereof, by any person, including Join47inc IRs, in any manner without its prior, written permission.
The content of all Company sponsored events is copyrighted material. IRs may not produce for sale or distribution any recorded Company events and speeches without written permission from Join47inc, nor may IRs reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As an independent IR, you may use the Join47inc name in the following manner:
IR’s Name
Independent Join47inc IR
Example:
Alice Smith
Independent Join47inc IR
or
Alice Smith
Join47inc
Independent IR
IRs may not use the name Join47inc in any form in your team name, a tagline, an external website name, your personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Independent Join47inc IR in your phone greeting or on your answering machine to clearly separate your independent Join47inc business from Join47inc, LLC. For example, you may not secure the domain name www.buyJoin47inc.com, nor may you create an email address such as Join47incsales@hotmail.com.
-
-
-
- - Independent Join47inc IR Logo
If you use a Join47inc logo in any communication, you must use the Independent IR version of the Join47inc logo. Using any other Join47inc logo requires written approval. Please see examples below:
Logos Approved for IR Use[A1]
Logos NOT Approved for IR Use[A2]
-
-
- - Media and Media Inquiries
IRs must not attempt to respond to media inquiries regarding Join47inc, its products or services, or their independent Join47inc business. All inquiries by any type of media must be immediately referred to Join47inc’s Compliance Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
-
-
- - Unsolicited Email and Text Messages
Join47inc does not permit IRs to send unsolicited commercial emails or text messages unless such emails and text messages strictly comply with applicable state and federal laws and regulations including, without limitation, the federal CAN SPAM Act. The CAN-SPAM Act regulates the transmission of all commercial e-mail messages, not just unsolicited messages. A commercial e-mail or text message is defined as any e-mail or text message that has a “primary purpose of . . . commercial advertisement or promotion of a commercial product or service.” This includes commercial e-mails or text messages sent to business accounts, as well as those sent to individual consumers.
-
-
-
- - Requirements for All Commercial Email Messages
The Mailing List
- The mailing list may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you.
- The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).
- You must “scrub” (compare) the mailing list against available “do not e-mail” list at the last possible, commercially reasonable moment before the e-mail is sent and remove any email addresses that are on the “do not e-mail” list.
The E-mail Message
- The message must include complete and accurate transmission and header information.
- The “From” line must identify your business as the sender. This does not have to include your business’s formal name, if any. For example, it may contain your business’s name, trade name, or product or service name. The key requirement is that the “From” line provide the recipient with enough information to understand who is sending the message.
- The “Subject” line must accurately describe the message’s content.
- The message must clearly include the business’s valid, current physical postal address. This address can be a:
- street address;
- post office box that the business has accurately registered with the US Postal Service; or
- private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.
- The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
- There must be a functioning return email address to the sender.
- The use of deceptive subject lines and/or false header information is prohibited.
The Opt-out Mechanism
- The message must clearly explain that the recipient may opt out of receiving future commercial messages from the business.
- The message must include either an e-mail address or other online mechanism that the recipient may use for this opt out. The mechanism must not require the recipient to:
- do anything more than reply to the e-mail or visit a single web page to opt out;
- make any payment or submit any personal information, including account information (other than e-mail address), to opt out; and
- the opt-out mechanism must work for at least 30 days after the e-mail is sent.
- You must ensure that the explanation of how a recipient can opt out is easy to read and understand.
- You may include a menu of opt-out options that permit the recipient to select the types of commercial messages the recipient would like to continue receiving. However, one option must permit opting out of all commercial messages from you.
- You must honor all opt-out requests within ten business days.
- Opt-out requests do not expire. An opt-out is overridden only by the recipient’s subsequent express (opt in) request to receive commercial e-mail.
- All opt-out requests, whether received by email or regular mail, must be honored. If you receive an opt-out request from a recipient of an email, you must forward the opt-out request to the Company.
- You may not sell, share or use a business’s opt-out list for any reason other than to comply with the law.
Monitoring Opt-out Capabilities – If you use a third-party service provider you must implement procedures to ensure that your opt-out capabilities actually work. An example of a basic procedure to test the opt-out procedure is as follows:
- Establish e-mail accounts with several major private e-mail account providers (for example, Gmail, Yahoo, Hotmail, AOL, and so on) and add these e-mail addresses to the business’s mailing list. For each e-mail address created for monitoring purposes, use the business’s opt-out mechanism to remove the e-mail address from the mailing list.
- Repeat this procedure on a regular basis (for example, at least every two weeks).
- Examine the e-mail received by the monitoring e-mail account to confirm that the: the opt-out mechanism works; the opt-out request is honored within 10 business days; and the monitoring e-mail account no longer receives commercial messages from the business.
- If the monitoring and testing process reveals problems, the business should immediately fix the issues.
Third-party Marketing Affiliates or Service Providers - When using third-party service providers, including affiliate marketers you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the CAN-SPAM Act and includes appropriate and adequate remedies for noncompliance.
-
-
-
- - Additional Requirements for Email Messages Sent to Mobile or Wireless Devices
When sending commercial messages to wireless devices, you must insure your compliance, or a third-party’s compliance with, the following requirements.
The Recipient List
- You are prohibited from using any type of software or autodialer to send unsolicited text messages without the recipient’s consent.
- The list of text message recipients may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you.
- You must receive the recipient’s prior, affirmative consent (opt in) to send the commercial text messages. The consent can be oral, written or electronic.
- Ask for consent in a way that involves no cost to the recipient, for example:
- do not send the request to the wireless device; and
- allow the recipient to respond in a way that involves no cost (such as an online, e-mail or postal mail sign-up).
- When seeking consent, make it clear that the recipient:
- is agreeing to receive commercial e-mail on his wireless device;
- may be charged to receive the e-mail; and
- can revoke his consent at any time.
- The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).
- You must “scrub” (compare) the mailing list against available “do not e-mail” list at the last possible, commercially reasonable moment before the e-mail is sent and remove any email addresses that are on the “do not e-mail” list.
- Text messages cannot be sent between 9 p.m. and 8 a.m. local time.
The Text Message
- Provide a clear and conspicuous disclosure that the recipient will receive future text messages.
- The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
- The message must clearly include the business’s valid, current physical postal address. This address can be a:
- street address;
- post office box that the business has accurately registered with the US Postal Service; or
- private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.
- Include an easy-to-use opt-out mechanism in every text message.
- There must be a functioning return number to the sender to which the recipient can send a text message.
-
-
-
- - Commercial Email Messages Sent on Behalf of IRs
The Join47inc may periodically send commercial emails on behalf of IRs. By entering into the IR Agreement, IR agrees that the Company may send such emails and that the IR’s physical and email addresses will be included in such emails as outlined above. IRs shall honor opt-out requests generated as a result of such emails sent by the Company.
-
-
- - Unsolicited Faxes
Except as provided in this section, IRs may not use or transmit unsolicited faxes in connection with their Join47inc business. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Join47inc, its products, 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: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the IR has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an IR and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such IR; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
-
-
- - Telephone or Online Directory Listings
IRs may list themselves as an “Independent Join47inc IR” in a telephone directory or online directories, under their own name. No IR may place telephone or online directory display ads using Join47inc's name or logo. IRs may not answer the telephone by saying “Join47inc”, “Join47inc Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Join47inc. If an IR wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
IR's Name
Independent Join47inc IR
-
-
- - Television and Radio Advertising
IRs may not advertise on television and radio except with Join47inc’s express written approval.
-
-
- - Advertised Prices
IRs may not create their own marketing or advertising material offering any Join47inc products at a price less than the current Autoship price. Similarly, IRs may not sell any Join47inc products at a price less than the current Autoship price.
-
-
- - Recordings
IRs are prohibited from producing, either for personal use, distribution or for sale, any reproduction, rebroadcast, or recording of any Company literature, audio or visual material, presentations, events or speeches (including conference calls). Video and/or audio taping of any Company meeting, conference, event, call, or any other Company material is strictly prohibited. Still photography is allowable at the discretion of the meeting host.
-
- - Online Conduct
- - IR Web Sites
IRs are provided with a replicated website by Join47inc, from which they can take orders, enroll new Customers and IRs, place Customers on the Autoship Program, as well as manage their Join47inc business. IRs may use only replicated websites provided by Join47inc to promote their Join47inc business, and may not create their own websites to directly or indirectly promote Join47inc’s products, services, or the Join47inc opportunity.
-
-
- - Join47inc Replicated Websites
IRs receive a Join47inc Replicated Website subscription to facilitate online buying experience for their Customers and enrollments for prospective Customers and IRs. There is a $15.95 monthly charge for Replicated Websites. IRs are solely responsible and liable for the content they add to their Replicated Website and must regularly review the content to ensure it is accurate and relevant.
IRs may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-Join47inc products, services or income opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
- The Join47inc Independent IR Logo
- Your Name
- Join47inc Corporate Website Redirect Button
- Artwork, logos, or graphics
- Original text.
Because Replicated Websites reside on the Join47inc.com domain, Join47inc reserves the right to receive analytics and information regarding the usage of your website.
By default, your Join47inc Replicated Website URL is www.Join47inc.com/<distributorID#>. You must change this default ID and choose a uniquely identifiable website name that cannot:
- Be confused with other portions of the Join47inc corporate website;
- Confuse a reasonable person into thinking they have landed on a Join47inc corporate page;
- Be confused with any Join47inc name;
- Contain any discourteous, misleading, or off-color words or phrases that may damage Join47inc’s image.
-
- - Domain Names, email Addresses and Online Aliases
You are not allowed to use or register Join47inc or any of Join47inc’s trademarks, product names, or any derivatives, for any Internet domain name, email address, social media website, blog website, online handles or online aliases. Additionally, you cannot use or register domain names, email addresses, social media websites, blog websites, online handles and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Join47inc. Examples of the improper use of Join47inc include, but are not limited to any form of Join47inc showing up as the sender of an email or examples such as:
www.MyJoin47incBiz.com www.Join47incDreamTeam.com
www.ISellJoin47inc.com www.Join47incbyJaneDoe.com
www.Join47incMoney.net www.JanesJoin47incOpportunity.net
-
-
- - Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or retail specific Join47inc products or product bundles. You may use online classifieds (including Craigslist, Indeed, Ziprecruiter, Careerbuilder or other similar websites) for prospecting, recruiting, sponsoring and informing the public about the Join47inc income opportunity.
-
-
- - eBay / Online Auctions
Join47inc’s products and services may not be listed on eBay or other online auctions, nor may IRs enlist or knowingly allow a third party to sell Join47inc products on eBay, other online auction site, or ecommerce sites, such as Amazon.com, MercadoLibre.com, AliBaba.com, TowBow.com, etc.. An IR who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Join47inc products on eBay or any other online auctions must immediately discontinue all sales to the third party.
-
-
- - Online Retailing
IRs may not list or sell Join47inc products on any online retail store or ecommerce site (such as Amazon or Facebook Marketplace), nor may you enlist or knowingly allow a third party to sell Join47inc products on any online retail store or ecommerce site. An IR who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Join47inc products on any online retail store or ecommerce site must immediately discontinue all sales to the third party.
-
-
- - Banner Advertising
You may place banner advertisements on a website. All banner advertisements must link to your Replicated Website. IRs may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with Join47inc products or the Join47inc opportunity. Banner advertisements may not be placed on any website that contains any violent, hateful, pornographic, or illegal content or any other content which may damage Join47inc’s reputation . Whether content is or may be damaging to Join47inc’s reputation shall be in the sole discretion of Join47inc.
-
-
- - Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
-
-
- - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)
IRs may upload, submit or publish Join47inc-related video, audio or photo content that they develop and create so long as it aligns with Join47inc’s values, contributes to the Join47inc community greater good, and is in compliance with Join47inc’s Policies and Procedures. All submissions must clearly identify you as an Independent Join47inc IR in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. IRs may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Join47inc or captured at official Join47inc events or in buildings owned, leased, or operated by Join47inc without prior written permission from Join47inc.
-
-
- - Sponsored Links / Pay-Per-Click (PPC) Ads
Except as prohibited elsewhere within the Policies and Procedures, sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to the sponsoring IR’s Replicated Website. The display URL must also be to the sponsoring IR’s Replicated Website, and must not portray any URL that could lead the user to believe they are being directed to a Join47inc Corporate site, or be inappropriate or misleading in any way.
-
-
- - Domain Names and Email Addresses
Except as set forth in the IR Website Application and Agreement, IRs may not use or attempt to register any of Join47inc’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.
-
-
- - Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should you utilize any form of social media, including but not limited to Facebook, Instagram, Snapchat, Twitter, LinkedIn, YouTube, Tik Tok, Snapchat or Pinterest, you agree to each of the following:
- No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to your Join47inc Replicated Website.
- It is your responsibility to follow the social media site’s Terms of Use. If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s Terms of Use.
- Any social media site that is directly or indirectly operated or controlled by an IR that is used to discuss or promote Join47inc’s products or the Join47inc opportunity may not link to any website, social media site, or site of any other nature, other than the IR’s Join47inc replicated website.
- During the term of this Agreement and for a period of 12 calendar months thereafter, an IR may not use any social media site on which they discuss or promote, or have discussed or promoted, the Join47inc business or Join47inc’s products to directly or indirectly solicit Join47inc IRs for another direct selling, multilevel marketing or network marketing program (collectively, “Direct Selling”). In furtherance of this provision, an IR shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other IRs relating to the IR’s other direct selling business activities. Violation of this provision shall constitute a violation of the non-solicitation provision in Section 4.11 (Conflicts of Interest) below.
- IRs who engage in another Direct Selling Business (as defined in Section 4.11.2) must not, directly, indirectly or through a third party use any social media account (e.g., Facebook, Twitter, LinkedIn, YouTube, Pinterest, Instagram, etc.) that the IR currently uses or has used in the past to promote or discuss Join47inc, its products, programs, services or the business opportunity (“Join47inc Social Media”), to promote another Direct Selling Business.
- If an IR is involved in another Direct Selling Business, the IR must create a separate social media account to promote the other Direct Selling Business. IRs are also prohibited from “cross-posting” from their other Direct Selling Business social media account on to the IR’s Join47inc Social Media and vice versa.
- An IR may post or “pin” photographs of Join47inc products on a social media site, but only photos that are provided by Join47inc and downloaded from the IR’s Back-Office may be used.
If your IR Agreement is terminated for any reason, you must remove references to Join47inc (including but not limited to, its name, products and income opportunity) from any social media account(s) or profile(s) used by you within ten (10) days of the date of the termination of your IR Agreement.
-
-
- - Prohibited Postings
An IR may not make any postings, or link to any postings or other material that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images;
- Solicitous of any unlawful behavior;
- Engaged in personal attacks on any individual, group, or entity; or
- In violation of any intellectual property rights of the Company or any third party.
-
-
- - Responding to Negative Posts
An IR is prohibited from conversing with others who place a negative post against them, other IRs or the Company. The IR must report negative posts to Join47inc’s Compliance Department at Compliance@Join47inc.com.
-
- - Business Entities
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Join47inc IR by submitting an IR Application and Agreement along with a properly completed Business Entity Registration Form and a properly completed IRS Form W-9. In addition to the IR Application and Agreement, Join47inc may request that it be accompanied by copies of any or all of the following:
- any formation or other governing documentation for the Business Entity;
- a complete list of any and all shareholders, directors, officers, partners, members, managers, and/or trustee(s) and beneficiaries of a trust, as applicable, of the Business Entity (collectively “Principals”);
- the Business Entity Tax Identification Number (TIN); and,
- any other documentation reasonably requested by the Company from time to time.
The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Join47inc, compliance with the Join47inc Policies and Procedures, the Join47inc IR Agreement, and other obligations to Join47inc.
-
-
- - Addition or Removal of an Affiliated Party
When adding an Affiliated Party to an existing Join47inc distributorship, the Company requires a signed written request as well as a properly completed IR Agreement containing the original Applicant’s/Applicants’ and new Affiliated Party’s/Parties/ information, tax identification numbers and signatures. Join47inc may, at its discretion, require notarized documents before adding an Affiliated party to a Join47inc business.
To prevent the circumvention of Sections 4.26 (Sale, Transfer or Assignment of Join47inc Business) and 4.5, (Change of Sponsor), if any Affiliated Party wants to terminate his or her relationship with the Business Entity or Join47inc, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify Join47inc in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 4.26 (Sale, Transfer or Assignment of Join47inc Business). When removing a co-applicant from an existing Join47inc account, the Company requires a written and notarized request from the departing Affiliated Party/Parties, as well as a properly completed IR Agreement containing only the remaining Affiliate Party’s/Parties’ federal tax identification number and signature(s). In addition, the Affiliated Party terminating his/her/its/their interest in the Business Entity may not participate in any other Join47inc business for six consecutive calendar months in accordance with Section 4.5.3 (Termination and Re-application). If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of Section 4.26 (Sale, Transfer or Assignment of Join47inc Business).
There is a $25.00 fee for each change requested, which must be included with the written request and the completed IR Application and Agreement. The original documents (not copies) relating to addition or removal of an Affiliate Party must be submitted to Join47inc’s Customer Service Department by mail or overnight courier to 3427 Warm Springs Avenue, Suite 130, The Villages, Florida 32163. Please allow thirty (30) days after the receipt of the request by Join47inc for processing.
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 (Change of Sponsor), below.
-
-
- - Changes to a Business Entity
Each IR must immediately notify Join47inc of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.
-
- - Change of Sponsor
Join47inc strongly discourages changes in sponsorship. In order to protect all Sponsors, no IR may interfere with the relationship between another IR and his or her Sponsor in any way. An IR may not offer, entice, encourage, solicit, recruit, or otherwise influence or attempt to persuade another IR to change his or her Sponsor or line of sponsorship, either directly or indirectly. Accordingly, the transfer of a Join47inc business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the IR Services Department, and must include the reason for the transfer. Transfers will only be considered in the following three circumstances:
-
-
- - Misplacement
In cases in which the new IR is sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, an IR 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 _________(specify time period)_________ from the date of enrollment. The IR requesting the change has the burden of proving that he or she was placed beneath the incorrect sponsor. It is up to Join47inc’s discretion whether the requested change will be implemented.
-
-
- - Upline Approval
The IR 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 IRs in his or her marketing organization. Photocopied or facsimile signatures are not acceptable. All IR signatures must be notarized. The IR who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. If the transferring IR also wants to move any of the IRs in his or her marketing organization, each downline IR must also obtain a properly completed Sponsorship Transfer Form and return it to Join47inc with the $50.00 change fee (i.e., the transferring IR and each IR in his or her marketing organization multiplied by $50.00 is the cost to move a Join47inc business.) Downline IRs will not be moved with the transferring IR unless all of the requirements of this paragraph are met. Transferring IRs must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by Join47inc for processing and verifying change requests.
-
-
- - Termination and Re-application
An IR may legitimately change organizations by voluntarily canceling his or her Join47inc business and remaining inactive (i.e., no purchases of Join47inc products for resale, no sales of Join47inc products, no sponsoring, no attendance at any Join47inc functions, participation in any other form of IR activity, or operation of any other Join47inc business, no income from the Join47inc business) for six (6) full calendar months. Following the six month period of inactivity, the former IR may reapply under a new sponsor, however, the former IR’s downline will remain in their original line of sponsorship. Join47inc will consider waiving the six month waiting period under exceptional circumstances. Such requests for waiver must be submitted to Join47inc in writing.
Any change in sponsorship in accordance with this Policy at any rank is limited to one time in the IR’s life. Join47inc will not accept an IR Agreement for an IR wishing to change sponsors beyond the first sponsor change made in accordance with this Policy.
-
-
- - Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an IR, Join47inc 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, IRS WAIVE ANY AND ALL CLAIMS AGAINST JOIN47INC, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM JOIN47INC’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
-
- - Unauthorized Claims and Actions
- - Indemnification
An IR is fully responsible for all of his or her verbal and written statements made regarding Join47inc products, services, and the Compensation Plan that are not expressly contained in official Join47inc materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. IRs agree to indemnify Join47inc and Join47inc’s directors, officers, employees, and agents (collectively referred to herein as “Affiliates”), and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Join47inc as a result of the IR’s unauthorized representations or actions. This provision shall survive the termination of the IR Agreement.
-
-
- - Product Claims
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Join47inc may be made except those contained in official Join47inc literature. In particular, no IR may make any claim that Join47inc products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases or symptoms of diseases. Such statements can be perceived as drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the IR Agreement, they also violate the laws and regulations of the United States and other jurisdictions.
-
-
- - Compensation Plan Claims
When presenting or discussing the Join47inc Compensation Plan, you must make it clear to prospects that financial success with Join47inc requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
- It’s a turnkey system;
- The system will do the work for you;
- Just get in and your downline will build through spillover;
- Just join and I’ll build your downline for you;
- The company does all the work for you;
- You don’t have to sell anything; or
- All you have to do is buy your products every month.
The above are merely examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as a Join47inc IR without commitment, effort, and sales skill.
-
-
- - Income Disclosure Statement
Join47inc’s corporate ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we have developed the Join47inc Income Disclosure Statement (“IDS”). The Join47inc IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Join47inc IRs earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective IRs. The failure to comply with this policy constitutes a significant and material breach of the Join47inc IR Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 9.1 (Disciplinary Sanctions).
An IR, when presenting or discussing the Join47inc opportunity or Compensation Plan to a prospective IR, may not make income projections, income claims, or disclose his or her Join47inc income (including the showing of checks, copies of checks, bank statements, e-wallet statements or tax records) unless, at the time the presentation is made, the IR provides a current copy of the Join47inc Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.
A copy of the IDS must be presented to a prospective IR (someone who is not a party to a current Join47inc IR Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings; (2) statements of projected earnings; (3) statements of earnings ranges; (4) income testimonials; (5) lifestyle claims; and (6) hypothetical claims.
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of “opportunity” or “possibility” or “chance.” Claims such as “My Join47inc income exceeded my salary after six months in the business,” or “Our Join47inc business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
A hypothetical income claim exists when you attempt to explain the operation of the compensation plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally-enrolled Customers and IRs; (2) number of downline Customers and IRs; (3) average sales/purchase volume/sales volume per Customer and IR; and (4) total organizational volume. Applying these assumptions through the compensation plan yields income figures which constitute hypothetical income claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective IR or IRs in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claims is made, you must provide every prospective IR with a copy of the IDS and you must display at least one (3 foot x 5 foot poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
Copies of the IDS may be printed or downloaded without charge from the corporate website at http://www.Join47inc.com/IDS.
IRs who develop sales aids, business tools or marketing materials (collectively “Resource” or “Resources”) in which the Compensation Plan or income claims are present must incorporate the IDS into each such Resource prior to submission to the Company for review. IRs who make or submit any posts to any social media website in which the Compensation Plan or income claims are present must incorporate the IDS or a link to the IDS (http://www.Join47inc.com/IDS) into each such post at the time he or she makes or submits the post. In addition, IRs who make such posts must use one of the following “pointers” to alert readers or viewers to the link to the IDS: (1) If the link is immediately next to the income claim – “IMPORTANT - Please click this link (http://www.Join47inc.com/IDS) for complete information about IR earnings with Join47inc.”; (2) If the link is not immediately next to the income claim – “IMPORTANT - Please click the link below for complete information about IR earnings with Join47inc.” And at the bottom of the social media post insert – “IMPORTANT - Please see the Join47inc Income Disclosure Statement at http://www.Join47inc.com/IDS for complete information about IR earnings with Join47inc.” All pointers must be clear and conspicuous. “Clear and conspicuous” means that at the very minimum, the type size of the pointer must be at least as large and the predominant text that is used in the Resource.
-
- - Repackaging and Re-labeling Prohibited
Join47inc products must be sold in their original packaging. IRs may not repackage, re-label, or alter the labels on Join47inc products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. IRs may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
-
- - Commercial Outlets
IRs may not sell Join47inc products from a commercial outlet, nor may IRs display or sell Join47inc products or literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell Join47inc products.
-
- - Military Installations
The offer, promotion, or sale of the goods and services, or the offer and promotion of the Join47inc opportunity on a military installation is not a right – it is a privilege. Even if an IR lives on a military installation, he or she does not have the right to offer our products or opportunity to anyone on that installation without the permission of the installation Commander. For the purposes of the U.S. Navy personnel and Navy Regulations, the definition of an “installation” also includes U.S. Navy vessels.
Any IR who wants to offer, promote, or sell Join47inc products, or offer and promote the Join47inc opportunity (these activities will be collectively referred to as “commercial solicitation activities”) on a military installation must make an inquiry to the office of the installation Commander to determine whether the Commander has granted permission for Join47inc IRs to engage in such activities on the installation. If the Commander has not done so, the IR must contact Join47inc’s offices to ask the Company to obtain the Commander’s permission. IRs are prohibited from seeking such permission from any installation Commander. If obtained, the permission to engage in commercial solicitation activities on a military installation is granted only for one particular installation.
Any IR who intends to engage in commercial solicitation activities on a military installation must be aware of and become completely familiar with the applicable military Regulation or Instruction. There are many activities that are permissible in a civilian environment that are not permissible on a military installation. Some of these activities include, but are not limited to:
- Solicitation during enlistment or induction processing or during basic combat training, and within the first half of the one station unit training cycle.
- Solicitation of “mass,” “group,” or “captive” audiences.
- Making appointments with or soliciting military personnel during their normally-scheduled duty hours.
- Soliciting without an appointment in areas used for housing or processing transient personnel, or soliciting in barracks areas used as quarters.
- Use of official military identification cards or vehicle decals by active duty, retired, or reserve members of the military services to gain access to Army installations for the purpose of soliciting. (When entering the installation for the purpose of solicitation, IRs with military identification cards and/or installation vehicle decals must present documentation issued by the installation authorizing solicitations.)
- Offering rebates to promote transaction or to eliminate competition.
- Any oral or written representations which suggest or appear that the military branch sponsors or endorses the Company or its IRs, or the goods, services, and commodities offered for sale.
- The designation of any agent or the use by any agent of titles (for example, “Battalion Insurance Counselor,” “Unit Insurance Advisor,” “Servicemen’s Group Life Insurance Conversion IR”) that in any manner states or implies any type of endorsement from the U.S. Government, the Armed Forces, or any State or Federal agency or Government entity.
- Entry into any unauthorized or restricted area.
- Distribution of literature other than to the person being interviewed.
- Contacting military personnel by calling a Government telephone, faxing to a Government fax machine, or sending e-mail to a Government computer, unless a pre-existing relation (that is, the military member is a current client or requested to be contacted) exists between the parties and the military member has not asked for the contact to be terminated.
- Soliciting door to door or without an appointment.
The foregoing items are not an all-inclusive list. There are many more prohibited activities that are addressed in the applicable military Regulation or Instruction. The violation of military Regulations or Instructions by one IR could jeopardize the ability of all Join47inc IRs to engage in commercial solicitation activities on a particular military installation or even the entire branch of the military involved (e.g., Army, Air Force, Navy, Marines, or Coast Guard).
-
- - Trade Shows, Expositions and Other Sales Forums
IRs may display and/or sell Join47inc products at trade shows and professional expositions. Before submitting a deposit to the event promoter, IRs must contact the IR Services department in writing for conditional approval, as Join47inc’s policy is to authorize only one Join47inc business per event. Final approval will be granted to the first IR who submits an official advertisement of the event, a copy of the contract signed by both the IR 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 Compliance Department at compliance@Join47inc.com. Join47inc 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 Join47inc 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 Join47inc wishes to portray.
-
- - Conflicts of Interest
-
-
- - Crossline Recruiting and Communication
IRs are prohibited from crossline recruiting. The use of a spouse or relative’s name, trade names, DBAs, assumed names, entities, federal identification numbers, or fictitious identification numbers, or any other device or contrivance to circumvent this policy is prohibited. An IR shall not demean, discredit, or defame other Join47inc IRs in an attempt to entice another customer, IR or prospective IR to become part of his or her organization.
For the purposes of this Section 4.11.1, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, of another Join47inc IR or Customer to enroll, join, or otherwise participate in another Join47inc marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.
IRs are strictly prohibited from meeting privately with crossline IRs without the presence of one or more common upline IR(s), in person, telephonically, online or via any other method of communication. For the purposes of these Policies and Procedures:
- “Crossline IR” means any IR who is not in the Inviting IR’s enrollment tree upline or downline.
- “Meeting” includes, but is not limited to, the act of coming together and/or an occasion in which two or more people come together to discuss or decide something, via any means including in-person, telephonically, online or via any other method of communication.
The “Inviting IR” is strictly prohibited from inviting or allowing into any social media group any Crossline IRs.
-
-
- - Nonsolicitation
Join47inc IRs are free to participate in other direct selling, multilevel marketing or network marketing entities, businesses, organizations, opportunities, or ventures (collectively referred to as a “Direct Selling Business”). As an IR, you recognize Join47inc’s legitimate interests in protecting, during the term of your IR Agreement and for a reasonable period of time following its termination, Join47inc’s relationships with its Customers and IRs. Accordingly, you understand and agree that during the term of this Agreement, any renewal or extension hereof, and for a period of one (1) year following the termination of your Independent IR Agreement for any reason whatsoever, with the exception of an IR who is personally sponsored by the IR (or former IR, as may be applicable), you may not and will not recruit (as defined below) any Join47inc IR or Customer for another Direct Selling Business.
IRs and the Company recognize that because direct selling 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, IRs and Join47inc agree that this non-solicitation provision shall apply nationwide throughout the United States and to all international markets in which Join47inc IRs are located.
For the purposes of this Section 4.11.2, the term “recruit” means the actual or attempted, sponsorship, solicitation, enrollment, encouragement, counsel, aid, consultation or effort to influence in any way (either directly, indirectly, or through a third party) another Join47inc IR or Customer to: (1) enroll, join, or otherwise participate in another Direct Selling Business; (2) to purchase the products or services of another network marketing business; or (3) terminate or alter his or her business or contractual relationship with the Join47inc. The term “recruit” also includes the above activities in the event that the IR’s actions are in response to an inquiry made by another IR or Customer.
-
-
- - IR Participation in Other Network Marketing Programs
If an IR is engaged in another non-Join47inc Direct Selling Business, it is the responsibility of the IR to ensure that his or her Join47inc business is operated entirely separate and apart from any other Direct Selling Business. To this end, the following must be adhered to:
- IRs must not offer, present, display, market, promote or sell (collectively referred to herein as “promote”) or attempt to promote any non-Join47inc programs, products or services to Join47inc Customers or IRs. This provision does not apply where professional services are the primary source of revenues and the product sales are secondary to the provision of such services (e.g., physician’s offices, health clinics, health clubs, gyms, spas or beauty salons). However, an IR may promote non-Join47inc products or services to Join47inc Customers or IRs who are personally-sponsored.
- IRs shall not promote Join47inc promotional material, sales aids, products or services with or in the same location as, any non-Join47inc promotional material or sales aids, products or services.
- IRs shall not promote the Join47inc opportunity, products or services in any venue, location or media (collectively referred to herein as “Venues”), including, but not limited to, physical, electronic, virtual, telephonic, video or any form of social media Venue, to prospective or existing Join47inc Customers or IRs in conjunction with any non-Join47inc program, opportunity, product or service.
- In the event that an IR wants to promote a non-Join47inc Direct Selling Business, opportunity or products/services via any form of social media, the IR may not include any non-Join47inc Direct Selling Business, products, services or opportunity within the same social media account in which Join47inc, its opportunity or its product and services are promoted. That is to say, an IR who wants to promote both the Join47inc opportunity, products or services and a non-Join47inc opportunity, products or services must do so through two completely separate and discrete social media accounts.
- IRs may not promote any non-Join47inc products, services or opportunity at any Join47inc-related meeting, seminar, convention, webinar, teleconference, or other function.
- IRs may not produce any literature, audio or video recording or promotional material of any nature (including but not limited to social media postings and emails) which is used by the IR or any third person to recruit IRs or customers to participate in any other Direct Selling Business;
- IRs may not engage or participate in any activity that may reasonably be foreseen to draw an inquiry from Join47inc’s IRs or customers relating to the IR’s other Direct Selling Business activities, products or services.
All of these provisions as outlined in this Section 4.11.3 shall survive the termination or expiration of the IR Agreement for a period of one (1) year after such termination or expiration.
-
-
- - Confidential Information
“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of Join47inc customers and IRs, contact information of Join47inc customers and IRs, IRs’ personal and group sales volumes, IR rank and/or achievement levels, and other financial and business information. All Confidential Information (whether oral or in written or electronic form) is proprietary information of Join47inc and constitutes a business trade secret belonging to Join47inc. Confidential Information is, or may be available, to IRs in their respective back-offices. IR access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to Join47inc. Such Confidential Information is provided to IRs in strictest confidence and is made available to IRs for the sole purpose of assisting IRs in working with their respective downline organizations in the development of their Join47inc business. IRs may not use the reports for any purpose other than for developing, managing, or operating their Join47inc business. Where an IR participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. IRs should use the Confidential Information to assist, motivate, and train their downline IRs. The IR and Join47inc agree that, but for this agreement of confidentiality and nondisclosure, Join47inc would not provide Confidential Information to the IR.
To protect the Confidential Information, IRs shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
- Directly or indirectly disclose any Confidential Information to any third party;
- Directly or indirectly disclose the password or other access code to his or her back-office;
- Use any Confidential Information to compete with Join47inc or for any purpose other than promoting his or her Join47inc business;
- Recruit or solicit any IR or Customer of Join47inc listed on any report or in the IR’s back-office, or in any manner attempt to influence or induce any IR or Customer of Join47inc, to alter their business relationship with Join47inc; or
- Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether an IR’s Agreement has been terminated, or whether the IR is or is not otherwise affiliated with the Join47inc. Upon nonrenewal or termination of the Agreement, IRs must immediately discontinue all use of the Confidential Information and if requested by the Join47inc promptly return all materials in their possession to the Join47inc within five (5) business days of request at their own expense. If an IR participates in any other Direct Selling Business, he or she shall not be eligible to have access to Downline Genealogy Reports.
-
- - Targeting Other Direct Sellers
Join47inc does not condone IRs specifically or consciously targeting the sales force of another direct sales company to sell Join47inc products or to become IRs for Join47inc, nor does Join47inc condone IRs 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 IRs 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 an IR alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Join47inc will not pay any of the IR’s defense costs or legal fees, nor will Join47inc indemnify the IR for any judgment, award, or settlement.
-
- - Errors or Questions
If an IR has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the IR must notify Join47inc in writing within 60 days of the date of the purported error or incident in question. Join47inc will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
-
- - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, IRs shall not represent or imply that Join47inc or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
-
- - Holding Applications or Orders
IRs must not manipulate enrollments of new applicants and purchases of products. All IR Applications and Agreements, and product orders must be sent to Join47inc within 72 hours from the time they are signed by an IR or placed by a Customer, respectively.
-
- - Income Taxes
Each IR is responsible for paying local, state, and federal taxes on any income generated as an Independent IR. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If an IR’s Join47inc business is tax exempt, the Federal tax identification number must be provided to Join47inc. Every year, Join47inc will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: (1) had earnings of over $600 in the previous calendar year; or (2) made purchases during the previous calendar year in excess of $5,000.
-
- - Independent Contractor Status
IRs are independent contractors. The agreement between Join47inc and its IRs does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the IR. IRs shall not be treated as an employee for his or her services or for Federal or State tax purposes. All IRs are responsible for paying local, state, and federal taxes due from all compensation earned as an IR of the Company. The IR has no authority (expressed or implied), to bind the Company to any obligation. Each IR shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the IR Agreement, these Policies and Procedures, and applicable laws. IRs may not advertise under the "help wanted" section of any newspaper or other directory, nor may any advertisement state or imply that the IR is seeking to employ or hire an individual or that the IR is an agent or recruiter for the Company.
-
- - Insurance
You may wish to arrange insurance coverage for your business. Your homeowner’s or renter’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 homeowner’s or renter’s policy.
Join47inc maintains insurance to protect the Company and IRs against product liability claims. The Company’s insurance policy contains a "Vendors Endorsement" which extends coverage to IRs so long as they are marketing Join47inc products in accordance with these Policies and Procedures, as well as applicable laws and regulations. The Company’s product liability policy does not extend coverage to claims or actions that arise as a result of an IR’s negligence, intentional misconduct and/or claims beyond those contained in official Join47inc materials.
-
- - International Marketing
IRs are authorized to promote and/or sell Join47inc products, and enroll Customers or IRs only in the countries in which Join47inc is authorized to conduct business, as announced in official Company literature (an “Official Country”). Join47inc products or sales aids may not be given, transferred, distributed, shipped into or sold in any Unauthorized Country (see definition below). IRs may not sell, give, transfer, or distribute Join47inc products or sales aids from one Official Country into another Official Country.
IRs have no authority to take any steps in any country toward the introduction or furtherance of the Company. This includes, but is not limited to, any attempt to register, reserve or otherwise secure any Company names, trademarks, trade names, copyright, patent, other intellectual property, to secure approval for products or business practices, or to establish business or governmental contacts. You agree to indemnify the Company for all costs incurred by it for any remedial action needed to exonerate the Company in the event you improperly act purportedly on behalf of the Company.
Only after the Company has announced that a country is officially open for business (an “Official Country”) may IRs conduct business in that Official Country by promoting the Company (or related entity) and/or promoting, marketing or selling Products, and enrolling other IRs or Customers. IRs are required to follow all laws, rules and regulations of the Official Country. IR may use only promotional materials approved by the Company for use in an Official Country and sell only products approved for sale in that country.
In addition, no IR may, in any Unauthorized Country:
- advertise the Company, the Compensation Plan or its products;
- offer Company products for sale or distribution
- conduct sales, enrollment or training meetings;
- enroll or attempt to enroll potential Customers or IRs;
- Accept payment for enrollment or recruitment from citizens of countries where Join47inc does not conduct business;
- promote international expansion via the Internet or in promotional literature; or
- conduct any other activity for the purpose of selling Join47inc products, establishing a marketing organization, or promoting the Join47inc opportunity.
An IR is solely responsible for compliance with all laws, tax requirements, immigration customs laws, rules and regulations of any country in which he or she conducts business. IRs accept the sole responsibility to conduct their independent businesses lawfully within each country in which he or she conducts business.
An IR’s right to receive commissions in a country may be revoked at any time if the Company determines that he or she has not conducted business in particular country in accordance with the terms and conditions contained herein or the governing operations within such country.
The Company reserves the right to establish additional policies and procedures that are applicable to a specific country. An IR who conducts business internationally agrees to abide by all special policies established by the Company for the specific country or countries in which he or she conducts business.
-
- - Excess Inventory and Bonus Buying
IRs must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other IR to buy more products than they can reasonably use or sell to retail customers in a month. In addition, bonus buying is strictly prohibited. Bonus buying includes any plan, scheme, 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. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.
-
- - Adherence to Laws, Regulations and the Agreement
IRs must comply with all federal, state, and local laws, regulations, ordinances, codes, and the terms of the Agreement 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 IRs because of the nature of their business. However, IRs must obey those laws that do apply to them. If a city or county official tells an IR that an ordinance applies to him or her, the IR shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Join47inc. In addition, IRs must not recommend, encourage or teach other IRs to violate federal, state, or local laws, regulations, ordinances, codes, or the terms of the Agreement in the operation of their Join47inc business.
-
- - One Join47inc Business Per IR and Per Household
Except as provided in this section, an IR may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Join47inc business. No individual may have, operate or receive compensation from more than one Join47inc business.
Individuals of the same Household may maintain, own, and operate their own Join47inc Business. A “Household” is defined as spouses and dependent adult children living at or doing business at the same address. In the event that two members of the same Household elect to become IRs at the same time, one must be enrolled by the other. In the event that more than two members of the same Household elect to become IRs at the same time, they must elect one Household member to enroll the others. In the event that members of the same Household elect to become IRs at different times, the Household member who joined Join47inc first must be the Sponsor for all other Household members.
-
- - Actions of Household Members or Affiliated Parties
If any member of an IR’s Household or any member of an Affiliated Party’s Household, engages in any activity which, if performed by the IR, would violate any provision of the Agreement, such activity will be deemed a violation by the IR and Join47inc may take disciplinary action pursuant to these Policies and Procedures against the IR. Similarly, if any individual associated in any way with a corporation, partnership, limited liability company, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Join47inc may take disciplinary action against the Business Entity. Likewise, if an IR enrolls in Join47inc as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
-
- - Requests for Records
Any request from an IR for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
-
- - Roll-up of Marketing Organization
When a vacancy occurs in a Marketing Organization due to the termination of a Join47inc business, the IR or IRs on the first level immediately below the terminated IR on the date of the termination will not be moved to the first level (“front line”) of the terminated IR’s sponsor in the genealogical structure of the marketing organization. The position occupied by the terminated IR shall remain permanently vacant. However, the terminated IR’s sponsor will become the Sponsor of all of the IRs in the first level immediately below the terminated IR.
-
- - Sale, Transfer or Assignment of Join47inc Business
Although a Join47inc business is a privately owned and independently operated business, the sale, transfer or assignment of a Join47inc business, and the sale, transfer, or assignment (collectively referred to herein as “transfer”) of an interest in a Business Entity that owns or operates a Join47inc business, is subject to certain limitations. If an IR wishes to transfer his or her Join47inc business, or transfer an interest in a Business Entity that owns or operates a Join47inc business, the following criteria must be met:
- The selling IR must offer Join47inc the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. Join47inc shall have fifteen days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
- The buyer or transferee must become a qualified Join47inc IR. If the buyer is an active Join47inc IR, he or she must first terminate his or her Join47inc business and wait six calendar months before acquiring any interest in a different Join47inc business.
- A transfer fee of $50.00 must accompany the transfer documents.
- The purchase agreement must contain a covenant by the selling IR for the benefit of the proposed purchaser not to compete with the purchaser or attempt to solicit any existing IRs or Customers from the Company’s business for a period of one (1) year from the date of the sale, transfer or assignment.
- Before the transfer can be finalized and approved by Join47inc, any debt obligations the selling party has with Join47inc must be satisfied.
- The transferring party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to transfer a Join47inc business.
Join47inc reserves the right, in its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer.
Prior to transferring an independent Join47inc business or Business Entity interest, the transferring IR must notify Join47inc’s Compliance Department in writing and advise of his or her intent to transfer his/her Join47inc business or Business Entity interest. The transferring IR must receive written approval from the Compliance Department before proceeding with the transfer. The decisions of Join47inc regarding a transfer shall be made in its sole and absolute discretion. No changes in line of sponsorship can result from the transfer of a Join47inc business. In the event that an IR transfers his or her Join47inc business without the express written approval of the Compliance Department, such transfer shall be voidable in the sole and absolute discretion of Join47inc.
-
- - Separation of a Join47inc Business
Join47inc IRs sometimes operate their Join47inc businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, limited liability company, partnership, trust or other 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.
During the divorce or 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 Join47inc business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Join47inc to deal directly and solely with the other spouse or non-relinquishing shareholder, member, partner, or trustee.
- The parties may continue to operate the Join47inc business jointly on a “business-as-usual” basis, whereupon all compensation paid by Join47inc 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 Join47inc split commission and bonus checks between divorcing spouses or members of dissolving entities. Join47inc will recognize only one downline organization and will issue only one commission check per Join47inc business per commission cycle. Commission checks shall always be issued to the same individual or entity.
If a former spouse has completely relinquished all rights in the original Join47inc 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 an IR. In either case, the former spouse or business affiliate shall have no rights to any IRs in their former organization or to any former Customer. They must develop the new business in the same manner as would any other new IR.
-
- - Sponsoring Online
When sponsoring a new IR through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the online application and agreement, Join47inc’s Policies and Procedures, and the Join47inc Compensation Plan. The sponsor may not fill out the online IR Application and Agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
-
- - Succession
Upon the death or incapacitation of an IR, 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, including but not limited to, letters of administration, letter testamentary and the Final Order of Probate. Accordingly, an IR should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a Join47inc business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased IR’s marketing organization provided the following qualifications are met. The successor(s) must:
- Execute an IR Agreement;
- Comply with terms and provisions of the Agreement;
- Meet all of the qualifications for the deceased IR’s status;
- The devisee must provide Join47inc 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. Join47inc will issue all bonus and commission checks and one 1099 to the business entity.
-
-
- - Transfer Upon Death of an IR
To effect a testamentary transfer of a Join47inc business, the executor of the estate must provide the following to Join47inc: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to Join47inc specifying to whom the business and income should be transferred.
-
-
- - Transfer Upon Incapacitation of an IR
To effectuate a transfer of a Join47inc business because of incapacity, the successor must provide the following to Join47inc: (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 Join47inc business; and (3) a completed IR Agreement executed by the trustee.
-
- - Telemarketing Techniques
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although Join47inc does not consider IRs to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, IRs must not engage in telemarketing in the operation of their Join47inc businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Join47inc product or service, or to recruit them for the Join47inc opportunity. “Cold calls" made to prospective customers or IRs that promote either Join47inc’s products or services or the Join47inc opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or IR (a "prospect") is permissible under the following situations:
- If the IR has an established business relationship with the prospect. An “established business relationship” is a relationship between an IR and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the IR, or a financial transaction between the prospect and the IR, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
- The prospect’s personal inquiry or application regarding a product or service offered by the IR, within the three (3) months immediately preceding the date of such a call.
- If the IR receives written and signed permission from the prospect authorizing the IR to call. The authorization must specify the telephone number(s) which the IR is authorized to call.
- 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.
- IRs shall not use automatic telephone dialing systems or software relative to the operation of their Join47inc businesses.
- IRs shall not place or initiate any outbound telephone call to any person who delivers any pre-recorded message (a "robocall") regarding or relating to the Join47inc products, services or opportunity.
-
- - Back Office Access
Join47inc makes online back offices available to its IRs. Back offices provide IRs access to confidential and proprietary information that may be used solely and exclusively to promote the development of an IR’s Join47inc business and to increase sales of Join47inc products. However, access to a back office is a privilege, and not a right. Join47inc reserves the right to deny IRs’ access to the back office at its sole discretion.
-
- - Unauthorized Communication
In the excitement and enthusiasm of working his or her Join47inc business, an IR may attempt to contact the Company’s vendors, suppliers, or advisors with questions or ideas. Any such communication without the Company’s prior written consent is strictly prohibited. Vendors, suppliers, and advisors are often not set up to handle a large volume of contacts. Equally important, we must respect their rights to privacy. Questions regarding any of these Entities may be directed to Field Support.
- 5 - RESPONSIBILITIES OF IRS
-
- - Change of Address, Telephone, and E-Mail Addresses
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the Join47inc’s files are current. Street addresses are required for shipping since UPS and FedEx cannot deliver to a post office box. IRs planning to change their e-mail address or move must send their new address and telephone numbers to Join47inc’s Corporate Offices to the attention of the IR Services Department. To guarantee proper delivery, two weeks advance notice must be provided to Join47inc on all changes. In the alternative, an IR’s whose contact information changes may amend their contact information through their IR Back Office.
-
- - Continuing Development Obligations
- - Ongoing Training
Any IR who sponsors another IR into Join47inc must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Join47inc business. IRs must have ongoing contact and communication with the IRs 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 IRs to Join47inc meetings, training sessions, and other functions. Upline IRs are also responsible to motivate and train new IRs in Join47inc product knowledge, effective sales techniques, the Join47inc Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline IRs must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of IR-produced sales aids and promotional materials).
IRs should monitor the IRs in their Downline Organizations to guard against downline IRs making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
-
-
- - Increased Training Responsibilities
As IRs progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Join47inc program. They will be called upon to share this knowledge with lesser experienced IRs within their organization.
-
-
- - Ongoing Sales Responsibilities
Regardless of their level of achievement, IRs have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
-
-
- - Reporting Policy Violations
IRs who are aware of a violation of these Policies and Procedures by another IR must submit a written report of the violation directly to the attention of Join47inc’s Compliance Department by mail or email at compliance@join47inc.com. Details of the incident in question such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report. Any incident reported to the Compliance Department must have supporting documentation such as images, screenshots, text messages, emails, etc.. Any incident reported without proper supporting documentation will not be reviewed.
-
- - Nondisparagement
Join47inc wants to provide its independent IRs with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms andcompliance@join47inc.com Department. Remember, to best serve you, we must hear from you! While Join47inc welcomes constructive input, negative comments and remarks made in the field by IRs about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other Join47inc IRs.
For this reason, and to set the proper example for their downline, during the term of this Agreement and at any time thereafter, IR agrees not make any false, derogatory, demeaning or disparaging statements (collectively “disparage”) or encourage or induce others to disparage Join47inc, other Join47inc IRs, the Compensation Plan or any of Join47inc’s past and present owners, officers, directors, employees or products (the “Company Parties”) including, but not limited to: (i) making any statements, or take any other actions whatsoever, to disparage, defame, demean, sully or compromise the goodwill, name, brand or reputation of the Company, its products, Marketing and Compensation Plan, Customers, IRs or any of its Join47inc Affiliates (as defined in Section 4.6.1) (collectively, the “Company Goodwill”) or (ii) committing any other action that could likely injure, hinder or interfere with the Business, business relationships or Company Goodwill of the Company, its IRs or its Customers.
For purposes of this Section 5.3, the term “disparage” includes, without limitation, comments or statements to the press, any media outlet, industry group, financial institution, the Join47inc’s IRs, employees or to any individual or entity with whom Join47inc has a business relationship (including, without limitation, any vendor, supplier, Customer, IR or independent contractor), social media posts, or any public statement, that in each case is intended to, or can be reasonably expected to, materially damage any of the Company Parties. Notwithstanding the foregoing, nothing in this Section 5.3 shall prevent an IR from making any truthful statement to the extent, but only to the extent: (1) necessary with respect to any litigation, arbitration or mediation involving this Agreement, including, but not limited to, the enforcement of this Agreement, in the forum in which such litigation, arbitration or mediation properly takes place; or (2) required by law, legal process or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with apparent jurisdiction over the IR.
-
- - Providing Documentation to Applicants
IRs must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become IRs before the applicant signs an IR Agreement, or ensure that they have online access to these materials.
- 6 - SALES REQUIREMENTS
-
- - Product Sales
The Join47inc Compensation Plan is based on the sale of Join47inc products and services to end consumers. IRs must fulfill personal and organizational 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.
-
- - No Territory Restrictions
There are no exclusive territories granted to anyone.
- 7 - BONUSES AND COMMISSIONS
-
- - Bonus and Commission Qualifications and Accrual
An IR must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an IR complies with the terms of the Agreement, Join47inc shall pay commissions to such IR in accordance with the Marketing and Compensation plan. The minimum amount for which Join47inc will issue a commission is Twenty Dollars. If an IR’s bonuses and commissions do not equal or exceed Twenty Dollars, the Company will accrue the commissions and bonuses until they total Twenty Dollars. Payment will be issued once Twenty Dollars has been accrued. Notwithstanding the foregoing, all commissions owed an IR, regardless of the amount accrued, will be paid at the end of each fiscal year or upon the termination of an IR’s business.
-
- - Adjustment to Bonuses and Commissions
- - Adjustments for Returned Products, Disputed Charges and Chargebacks
IRs receive bonuses, commissions, or overrides based on the actual sales of products and services to end consumers. When a product is returned to Join47inc for a refund or is repurchased by the Company, a purchaser disputes a charge for one or more product orders, or a purchaser initiates a chargeback through his or her bank or credit card issuer, any of the following may occur at the Company’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the IR and upline IRs who received bonuses, commissions, or overrides on the sales of the refunded product(s), in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered; (2) the IR or upline IRs who earned bonuses, commissions, or overrides based on the sale of the returned product(s) will have the corresponding points deducted from their Group Volume in the next month and all subsequent months until it is completely recovered; or (3) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) may be deducted from any refunds or credits to the IR who received the bonuses, commissions, or overrides on the sales of the refunded product(s). In the event that the Company is unable, within 3 months from the payment of any refund(s) by the Company or the debiting of any chargebacks, to recover all bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service(s) from the IR or upline IRs who received them, the Company shall be entitled to assert a claim against such IR(s) for payment.
-
-
- - Hard Copy Commission Checks
The Company pays commissions via direct deposit into IRs’ bank accounts or via direct payment onto a Company provided debit card. There is no charge for direct deposit. An IR may also request a hard-copy. The Company will deduct a $5.00 processing fee from each hard-copy commission check issued.
-
-
- - Tax Withholdings
If an IR fails to provide his or her correct tax identification number, Join47inc will deduct the necessary withholdings from the IR’s commission checks as required by law.
-
- - Reports
All information provided by Join47inc in 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, digital, 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 Join47inc 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, JOIN47INC AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY IR 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/OR 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 JOIN47INC 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, JOIN47INC 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 Join47inc’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 Join47inc’s online and telephone reporting services and your reliance upon the information.
- 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
-
- - Product Guarantee and Rescission
Join47inc offers a 100% thirty day money-back satisfaction guarantee (less shipping charges) to all Preferred and Direct Customers, retail customers, and IRs. Products shipped directly to a Preferred or Direct Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Products delivered to a retail customer by an IR must be returned to the selling IR, and it shall be the responsibility of the IR to issue the refund to his or her retail customer. Every IR is bound to honor the retail customer guarantee. If, for any reason, a retail customer is dissatisfied with any Join47inc product, the retail customer may return the unused portion of the product to the IR from whom it was purchased, within thirty (30) days, for a replacement, exchange or a full refund of the purchase price (less shipping costs). This product satisfaction guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable.
If an IR returns more than Five Hundred Dollars ($500) for a refund in any 12 consecutive month period, the request will constitute the IR’s voluntary termination of his/her IR Agreement, and the refund will be processed as an inventory repurchase pursuant to Section 8.3, and the IR’s Agreement will be terminated and his or her Join47inc business will be cancelled.
-
- - Rescission
- - Retail Customers
Federal and state law requires that a retail customer who makes a purchase of $25.00 or more has three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt. When an IR makes a sale or takes an order from a retail customer who cancels or requests a refund within the three business day period, the IR must promptly refund the customer's money as long as the products are returned to the IR in substantially as good condition as when received (five business days for Alaska residents).
-
-
- - Direct and Preferred Customers
IRs must notify their Direct and Preferred Customers that they have three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. IRs should also notify their Direct Customers and Preferred Customers about these time limits at the time they enroll as a Direct Customer or Preferred Customer and place their first order. Products shipped directly to a Preferred or Direct Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Direct and Preferred Customers may contact the Company for a “call tag” that will provide return shipping back to the Company at no cost to the Customer.
-
-
- - Informing Customers
IRs MUST verbally inform their customers (retail, Direct, and Preferred) of this right of rescission, they MUST provide their retail customers with TWO copies of a retail receipt at the time of the sale, and MUST point out this cancellation right stated on the receipt. If a Customer places an order online, the Company will provide the Customer with the receipt. IRs must ensure that the date of the order or purchase is entered on the Retail Sales Receipt. All retail customers must be provided with two copies of an official Join47inc Retail Sales Receipt at the time of the sale. The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.
-
- - Return of Inventory and Sales Aids by IRs Upon Termination
Upon termination of an IR’s Agreement, the IR may return Starter Kits, products, and sales aids that he or she personally purchased from Join47inc (purchases from other IRs or third parties are not subject to refund) that are in Resalable (see Definition of “Resalable” below) condition and which have been purchased within one year prior to the date of termination. Upon receipt of a Resalable Starter Kit and/or Resalable products and sales aids, the IR will be reimbursed 90% of the net cost of the original purchase price(s), less any amounts or compensation the IR received on account of the purchase of the returned products.. Neither shipping and handling charges incurred by an IR when the Starter Kit, products or sales aids were purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If an IR was paid a commission, rebate, or any other form of compensation based on a product(s) that he or she purchased, and such product(s) is/are subsequently returned for a refund, the commission, rebate, or any other form of compensation that was paid based on that product purchase will be deducted from the amount of the refund.
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) they are still in Join47inc’s current inventory; (5) the expiration date(s) for any returned products has not passed; and (6) they are returned to Join47inc within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable. Replicated Website fees are not refundable except as required by applicable state law.
-
-
- Montana Residents
A Montana resident may cancel his or her IR Agreement within 15 days from the date of enrollment, and may return his or her Starter Kit for a full refund within such time period.
-
- - Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
- All items must be returned by the IR or customer who purchased it directly from Join47inc.
- All items to be returned must have a Return Authorization Number which is obtained by calling the IR Services Department. This Return Authorization Number must be written on each carton returned.
- The return is accompanied by:
- The original packing slip with the completed (and signed Consumer Return information, if applicable);
- The unused portion of the item(s) in its/their original container.
- Proper shipping carton(s) and packing materials are to be used in packaging the items(s) being returned, and the best and most economical means of shipping is suggested. All returns must be shipped to Join47inc shipping pre-paid. Join47inc does not accept shipping-collect packages. The risk of loss in shipping for returned items shall be on the IR. If the returned items are not received by the Company’s Distribution Center, it is the responsibility of the IR to trace the shipment.
- If an IR is returning merchandise to Join47inc that was returned to him or her by a personal retail customer, the product must be received by Join47inc within ten (10) days from the date on which the retail customer returned the merchandise to the IR, and must be accompanied by the sales receipt the IR gave to the customer at the time of the sale.
No refund or replacement of any items will be made if the conditions of these rules are not met.
- 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
-
- - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an IR 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 IR’s Join47inc business), may result, at Join47inc's discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition;
- Requiring the IR 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;
- Join47inc may withhold from an IR all or part of the IR’s bonuses and commissions during the period that Join47inc is investigating any conduct allegedly violative of the Agreement. If an IR’s business is canceled for disciplinary reasons, the IR will not be entitled to recover any commissions withheld during the investigation period;
- Suspension of the individual’s IR Agreement for one or more pay periods;
- Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of an IR (which may subsequently be re-earned by the IR);
- Transfer or removal of some or all of an IR’s downline IRs from the offending IR’s downline organization.
- Involuntary termination of the offender’s IR Agreement;
- Suspension and/or termination of the offending IR’s Join47inc website or website access;
- Any other measure expressly allowed within any provision of the Agreement or which Join47inc deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IR’s policy violation or contractual breach;
- In situations deemed appropriate by Join47inc, the Company may institute legal proceedings for monetary and/or equitable relief.
-
- - Grievances and Complaints
When an IR has a grievance or complaint with another IR regarding any practice or conduct in relationship to their respective Join47inc businesses, the complaining IR 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 IR Services Department at the Company. The IR Services Department will review the facts and attempt to resolve it.
-
- - 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 mediation shall occur within 60 days from the date on which the mediator is appointed. 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 Villages, Florida, and shall last no more than two business days.
-
- - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The Parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS Endispute (“JAMS”) under their respective rules and procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’s Streamlined Arbitration Rules & Procedures will also be emailed to IRs upon request to Join47inc’s Compliance Department.
Notwithstanding the rules of the AAA or JAMS, the following shall apply to all Arbitration actions:
- The Federal Rules of Evidence shall apply in all cases;
- The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
- The Parties shall be allotted equal time to present their respective cases, including cross-examinations.
All arbitration proceedings shall be held in The Villages, Florida. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The parties shall be allotted equal time to present their respective cases. The decision of the arbitrator shall be final and binding on the parties and may if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:
- The substance of, or basis for, the controversy, dispute, or claim;
- The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
- The terms or amount of any arbitration award;
- The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect its intellectual property rights, to enforce its rights under the non-solicitation or confidentiality provisions of the Agreement, prevent the breach of any provision of this Agreement, and/or to compel specific performance of the Agreement.
-
- - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Sumter County, State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement.
-
-
- - Louisiana Residents
Notwithstanding the foregoing, and the arbitration provision in Section 9.4, residents of the State of Louisiana shall be entitled to bring an action against Join47inc in their home forum and pursuant to Louisiana law.
- 10 - PAYMENTS
-
- - Insufficient Credit
Join47inc is not obliged to contact you regarding orders that are canceled due to insufficient credit. IRs must be sure that their credit card has sufficient credit available to cover any orders they place.
-
- - Restrictions on Third Party Use of Credit Cards or Debit Cards
The use of a credit card or debit card belonging to a third party has the potential to violate state and federal banking laws and dramatically increase the risk of fraudulent transactions. Such fraudulent transactions have the potential to jeopardize Join47inc’s merchant accounts and banking relationships, and ultimately its ability to conduct business. For these reasons, an IR shall not permit other IRs or Customers to use his or her credit card or debit card, to enroll in or to make purchases from the Company. An IR shall not use the credit card or debit card of a third party to enroll in or to make purchases from the Company.
-
- - Sales Taxes
Join47inc is required to charge sales taxes on all purchases made by IRs and Customers, and remit the taxes charged to the respective states. Accordingly, Join47inc will collect and remit sales taxes on behalf of IRs, based on the suggested retail price of the products or the transaction price (if allowed by the state), according to applicable tax rates in the state or province to which the shipment is destined. If an IR has submitted, and Join47inc has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, 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 IR (unless the state in question does not accept a Sales Tax Exemption Certificate and Sales Tax Registration License from a direct selling independent contractor). Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by Join47inc is not retroactive.
- 11 - INACTIVITY, RECLASSIFICATION AND TERMINATION
-
- - Effect of Termination
So long as an IR remains active and complies with the terms of the IR Agreement and these Policies and Procedures, Join47inc shall pay commissions to such IR in accordance with the Compensation Plan. An IR’s bonuses and commissions constitute the entire consideration for the IR's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an IR’s non-renewal of his or her IR Agreement, termination for inactivity, or voluntary or involuntary termination of his or her IR Agreement (all of these methods are collectively referred to as “termination”), the former IR 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. An IR whose business is cancelled will lose all rights as an IR. This includes the right to sell Join47inc products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the IR’s former downline sales organization. In the event of termination, IRs 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 an IR’s termination of his or her IR Agreement, the former IR shall not hold himself or herself out as a Join47inc IR and shall not have the right to sell Join47inc products or services. An IR whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination).
If your IR Agreement is terminated for any reason, you must remove references to Join47inc (including but not limited to, its name, products, services and income opportunity) from any social media account(s), profile(s) (if any) used by you within ten (10) days of the date of the termination of your IR Agreement.
-
- - Termination Due to Inactivity
- - Failure to Meet PV Quota
If an IR fails to personally generate at least 100 BV for 12 consecutive months, his or her IR Agreement shall be canceled for inactivity.
-
-
- - Failure to Earn Commissions
If an IR has not earned a commission for six (6) consecutive months (and thus become “inactive”), his or her IR Agreement shall be canceled for inactivity.
-
-
- - Reclassification Following Termination Due to Inactivity
If an IR is cancelled for inactivity, his or her IR Agreement will be terminated. If he or she is on the Company’s autoship program, he or she will be a Preferred Customer and the autoship agreement shall remain in force.
-
- - Involuntary Termination
An IR’s violation of any of the terms of the Agreement, including any amendments that may be made by Join47inc in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of his or her IR Agreement. Termination shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the IR’s last known address, email address, or fax number, or to his/her attorney, or when the IR receives actual notice of termination, whichever occurs first.
Join47inc reserves the right to terminate all IR Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
-
- - Voluntary Termination
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the IR’s signature, printed name, address, and IR I.D. Number. In addition to written termination, IRs who have consented to Electronic Contracting will cancel their IR Agreement should they withdraw their consent to contract electronically. If an IR is also on the Autoship program, the IR’s Autoship order shall continue unless the IR also specifically requests that his or her Autoship Agreement also be canceled.
-
- - Non-renewal
An IR may also voluntarily cancel his or her IR Agreement by failing to renew the Agreement on its anniversary date or by failing to pay his/her annual renewal fee. The Company may also elect not to renew an IR's Agreement upon its anniversary date.
-
- - Exceptions to Activity Requirements
- - Maternity
A pregnant IR shall be exempt from meeting her Personal Volume and Group Volume requirements for a period of four (4) months prior to and four (4) months following the birth of a child. The IR should notify the IR Services Department to request a Maternity Waiver Form.
-
-
- - Military Deployment
Military personnel shall be exempt from meeting their Personal Volume and Group Volume requirements for the duration of the deployment and three (3) full calendar months thereafter while deployed into a foreign country. The IR should notify the IR Services Department to request a Deployment Waiver Form.
- 12 - DEFINITIONS
Active Customer — A Preferred or Direct Customer who purchases Join47inc products or services during a particular month.
Active IR — An IR who satisfies the minimum Personal Sales Volume requirements, as set forth in the Join47inc 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 an IR, as determined by the Join47inc Compensation Plan, for a particular pay period. To be considered “active” relative to a particular rank, an IR must meet the criteria set forth in the Join47inc Compensation Plan for his or her respective rank. (See the definition of “Rank” below.)
Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.
Agreement - The contract between the Company and each IR includes the IR Application and Agreement Terms and Conditions, the Join47inc Policies and Procedures, the Join47inc Compensation Plan, and the Business Entity Registration Form (where appropriate), all in their current form and as amended by Join47inc in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel — The termination of an IR’s business. Termination may be either voluntary, involuntary, through non-renewal or inactivity.
Downline — Your downline (or downline organization) consists of the IRs you personally enroll or sponsor (your first level IRs), the IRs that first level IRs enroll or sponsor, as well as the IRs that are subsequently enrolled or sponsored beneath them.
Downline Leg — Each one of the individuals personally enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
Group Volume — The commissionable value of services and products purchased by the Customers and IRs in the downline of a particular IR.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.
Level — The layers of downline Customers and IRs in a particular IR’s downline. This term refers to the relationship of an IR relative to a particular upline IR, determined by the number of IRs between them who are related by sponsorship. For example, if A enrolls B, who enrolls C, who enrolls D, who enrolls E, then E is on A’s fourth level.
Official Join47inc Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by Join47inc to IRs.
Personal Volume — The commissionable value of products purchased by: (1) an IR; (2) the IR’s personally-enrolled Preferred Customers; and (3) the IR’s personal Retail Customers who purchase from the IR’s Join47inc replicated website.
Rank — The “title” that an IR holds pursuant to the Join47inc Compensation Plan. “Title Rank” refers to the highest rank an IR has achieved in the Join47inc compensation plan at any time. “Paid As” rank refers to the rank at which an IR is qualified to earn commissions and bonuses during the current pay period.
Recruit — For purposes of Join47inc’s Conflict of Interest Policy (Section 4.11), 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 Join47inc IR or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
Replicated Website — A website provided by Join47inc to IRs which utilizes website templates developed by Join47inc.
Resalable — Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: (1) they are unopened and unused; (2) their 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; and (4) they are returned to Join47inc within one year from the date of purchase. 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 who purchases Join47inc products from or through an IR but who is neither a participant in the Join47inc compensation plan nor a Preferred or Direct Customer.
Retail Sales — Sales to a Retail Customer.
Social Media — Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, Instagram, Twitter, LinkedIn, TikTok, Pinterest, and YouTube.
Sponsor — An IR who enrolls a Customer or another IR into the Company, and is listed as the Sponsor on the IR Application and Agreement. The act of enrolling others and training them to become IRs is called “sponsoring.”
Sponsoring — The act of introducing a prospective IR to Join47inc and assisting him or her to execute an IR Application and Agreement and thereby become a Join47inc IR. (Also see the definition of “Sponsor.”) These activities are called “sponsoring.”
Upline — This term refers to the IR or IRs above a particular IR in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular IR to the Company.
[A1]Please provide examples. Getting logo.
[A2]Please provide examples if you have them. If you do not have any examples, I will delete this heading. Creating a logo for IR
Join47inc, LLC
Policies and Procedures
Effective July 1, 2025
Contents
SECTION 1 - MISSION STATEMENT. 1
SECTION 2 - INTRODUCTION.. 2
2.1 - Purpose of the Independent Representative Agreement and the Policies and Procedures. 2
2.2 - Policies and Procedures Incorporated into IR Agreement. 2
2.3 - Changes to the Agreement. 2
2.4 - Policies and Provisions Severable. 3
2.5 - Waiver. 3
2.6 - Company Use of Information.. 3
SECTION 3 - BECOMING AN INDEPENDENT REPRESENTATIVE.. 5
3.1 - Requirements to Become an IR.. 5
3.2 - Technology Fee and Product Purchases. 5
3.3 - IR Benefits. 5
3.4 - Term and Renewal of Your Join47inc Business. 6
SECTION 4 - OPERATING A JOIN47INC BUSINESS.. 7
4.1 - Adherence to the Join47inc Compensation Plan.. 7
4.2 - Advertising.. 7
4.2.1 - General 7
4.2.2 - Trademarks and Copyrights. 8
4.2.3 - Media and Media Inquiries. 9
4.2.4 - Unsolicited Email and Text Messages. 10
4.2.4.1 - Requirements for All Commercial Email Messages. 10
4.2.4.2 - Additional Requirements for Email Messages Sent to Mobile or Wireless Devices. 12
4.2.4.3 - Commercial Email Messages Sent on Behalf of IRs. 14
4.2.5 - Unsolicited Faxes. 14
4.2.6 - Telephone or Online Directory Listings. 14
4.2.7 - Television and Radio Advertising.. 15
4.2.8 - Advertised Prices. 15
4.2.9 - Recordings. 15
4.3 - Online Conduct. 15
4.3.1 - IR Web Sites. 15
4.3.2 - Join47inc Replicated Websites. 15
4.3.3 - Domain Names, email Addresses and Online Aliases. 16
4.3.4 - Online Classifieds. 16
4.3.5 - eBay / Online Auctions. 17
4.3.6 - Online Retailing.. 17
4.3.7 - Banner Advertising.. 17
4.3.8 - Spam Linking.. 17
4.3.9 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.) 18
4.3.10 - Sponsored Links / Pay-Per-Click (PPC) Ads. 18
4.3.11 - Domain Names and Email Addresses. 18
4.3.12 - Social Media.. 18
4.3.13 - Prohibited Postings. 20
4.3.14 - Responding to Negative Posts. 20
4.4 - Business Entities. 20
4.4.1 - Addition or Removal of an Affiliated Party. 21
4.4.2 - Changes to a Business Entity. 22
4.5 - Change of Sponsor. 22
4.5.1 - Misplacement 22
4.5.2 - Upline Approval 22
4.5.3 - Termination and Re-application.. 23
4.5.4 - Waiver of Claims. 23
4.6 - Unauthorized Claims and Actions. 23
4.6.1 - Indemnification.. 23
4.6.2 - Product Claims. 24
4.6.3 - Compensation Plan Claims. 24
4.6.4 - Income Disclosure Statement 25
4.7 - Repackaging and Re-labeling Prohibited.. 27
4.8 - Commercial Outlets. 27
4.9 - Military Installations. 27
4.10 - Trade Shows, Expositions and Other Sales Forums. 29
4.11 - Conflicts of Interest. 29
4.11.1 - Crossline Recruiting and Communication.. 29
4.11.2 - Nonsolicitation.. 30
4.11.3 - IR Participation in Other Network Marketing Programs. 31
4.11.4 - Confidential Information.. 32
4.12 - Targeting Other Direct Sellers. 33
4.13 - Errors or Questions. 33
4.14 - Governmental Approval or Endorsement. 33
4.15 - Holding Applications or Orders. 34
4.16 - Income Taxes. 34
4.17 - Independent Contractor Status. 34
4.18 - Insurance. 34
4.19 - International Marketing.. 35
4.20 - Excess Inventory and Bonus Buying.. 36
4.21 - Adherence to Laws, Regulations and the Agreement. 37
4.22 - One Join47inc Business Per IR and Per Household.. 37
4.23 - Actions of Household Members or Affiliated Parties. 37
4.24 - Requests for Records. 38
4.25 - Roll-up of Marketing Organization.. 38
4.26 - Sale, Transfer or Assignment of Join47inc Business. 38
4.27 - Separation of a Join47inc Business. 39
4.28 - Sponsoring Online. 40
4.29 - Succession.. 40
4.29.1 - Transfer Upon Death of an IR.. 41
4.29.2 - Transfer Upon Incapacitation of an IR.. 41
4.30 - Telemarketing Techniques. 41
4.31 - Back Office Access. 43
4.32 - Unauthorized Communication.. 43
SECTION 5 - RESPONSIBILITIES OF IRS.. 44
5.1 - Change of Address, Telephone, and E-Mail Addresses. 44
5.2 - Continuing Development Obligations. 44
5.2.1 - Ongoing Training.. 44
5.2.2 - Increased Training Responsibilities. 44
5.2.3 - Ongoing Sales Responsibilities. 45
5.2.4 - Reporting Policy Violations. 45
5.3 - Nondisparagement. 45
5.4 - Providing Documentation to Applicants. 46
SECTION 6 - SALES REQUIREMENTS.. 47
6.1 - Product Sales. 47
6.2 - No Territory Restrictions. 47
SECTION 7 - BONUSES AND COMMISSIONS.. 48
7.1 - Bonus and Commission Qualifications and Accrual. 48
7.2 - Adjustment to Bonuses and Commissions. 48
7.2.1 - Adjustments for Returned Products, Disputed Charges and Chargebacks. 48
7.2.2 - Hard Copy Commission Checks. 49
7.2.3 - Tax Withholdings. 49
7.3 - Reports. 49
SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE.. 51
8.1 - Product Guarantee and Rescission.. 51
8.2 - Rescission.. 51
8.2.1 - Retail Customers. 51
8.2.2 - Direct and Preferred Customers. 51
8.2.3 - Informing Customers. 52
8.3 - Return of Inventory and Sales Aids by IRs Upon Termination.. 52
8.3.1 Montana Residents. 53
8.4 - Procedures for All Returns. 53
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS.. 55
9.1 - Disciplinary Sanctions. 55
9.2 - Grievances and Complaints. 56
9.3 - Mediation.. 56
9.4 - Arbitration.. 56
9.5 - Governing Law, Jurisdiction, and Venue. 57
9.5.1 - Louisiana Residents. 58
SECTION 10 - PAYMENTS.. 59
10.1 - Insufficient Credit. 59
10.2 - Restrictions on Third Party Use of Credit Cards or Debit Cards. 59
10.3 - Sales Taxes. 59
SECTION 11 - INACTIVITY, RECLASSIFICATION AND TERMINATION.. 60
11.1 - Effect of Termination.. 60
11.2 - Termination Due to Inactivity. 60
11.2.1 - Failure to Meet PV Quota. 60
11.2.2 - Failure to Earn Commissions. 61
11.2.3 - Reclassification Following Termination Due to Inactivity. 61
11.3 - Involuntary Termination.. 61
11.4 - Voluntary Termination.. 61
11.5 - Non-renewal. 61
11.6 - Exceptions to Activity Requirements. 62
11.6.1 - Maternity. 62
11.6.2 - Military Deployment. 62
SECTION 12 - DEFINITIONS.. 63
- 1 - MISSION STATEMENT
To create a fun and inspiring place where people feel empowered, not pressured. Products are pure, effective and trustworthy.
Education and support are a part of the journey and success isn’t a secret it’s shared. We don’t promise overnight riches or hype, we promise a community that believes in you.
And a chance to build something real together.
- 2 - INTRODUCTION
-
- - Purpose of the Independent Representative Agreement and the Policies and Procedures
The purposes of the Independent Representative Agreement and the Policies and Procedures include the following:
- To assist Independent Representatives (“IRs”) in building and protecting their businesses;
- To protect Join47inc and its IRs from legal and regulatory risks;
- To establish standards of acceptable behavior;
- To set forth the rights, privileges, and obligations of Join47inc and its IRs; and
- To define the relationship between Join47inc and its IRs.
-
- - Policies and Procedures Incorporated into IR Agreement
These Policies and Procedures, in their present form and as amended by Join47inc, LLC (hereafter “Join47inc” or the “Company”), are incorporated into, and form an integral part of, the Join47inc Independent IR Application and Agreement (“IR Agreement”). It is the responsibility of each IR to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Join47inc IR Application and Agreement (including the Terms and Conditions), these Policies and Procedures, and the Join47inc Business Entity Registration Form (if applicable). These documents are incorporated by reference into the Join47inc IR Agreement (all in their current form and as amended by Join47inc). In the event that the Business Entity Registration Form is not submitted by an entity that enrolls as an IR within sixty (60) days of its date of enrollment, Join47inc is authorized to and shall withhold any and all compensation to which the IR is due from Join47inc until a properly completed Business Entity Registration Form is submitted to it.
-
- - Changes to the Agreement
Join47inc reserves the right to amend the Agreement, the Compensation Plan, and its prices in its sole and absolute discretion. By executing the IR Agreement, an IR agrees to abide by all amendments or modifications that Join47inc elects to make. Amendments shall be effective thirty (30) days after publication of notice that any of the foregoing items has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) posting in IRs’ back-offices; (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of an IR’s Join47inc business, the acceptance of any benefits under the Agreement, or an IR’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
-
- - 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.
-
- - 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 Join47inc to exercise any right or power under the Agreement or to insist upon strict compliance by an IR 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 Join47inc’s right to demand exact compliance with the Agreement. Any waiver by Join47inc of any term of the Agreement or any breach of the Agreement must be in writing and signed by an authorized officer of Join47inc. Waiver by Join47inc of any breach of the Agreement by an IR shall not operate or be construed as a waiver of any subsequent breach. The existence of any claim or cause of action of an IR against Join47inc shall not constitute a defense to Join47inc’s enforcement of any term or provision of the Agreement.
-
- - Company Use of Information
By submitting an IR Application and Agreement that is accepted by Join47inc, the IR consents to allow Join47inc, its affiliates, and any related company to: (a) process and utilize the information submitted in the IR Application and Agreement (as amended from time to time) for business purposes related to the Join47inc business; and (b) disclose, now or in the future, such IR information to companies which Join47inc may, from time to time, deal with to deliver information to an IR to improve its marketing, operational, and promotional efforts. An IR has the
right to access his or her personal information via his or her respective back office, and to submit updates thereto.
- 3 - BECOMING AN INDEPENDENT REPRESENTATIVE
-
- - Requirements to Become an IR
To become a Join47inc IR, each applicant must:
- Be at least 18 years of age;
- Reside in the United States or U.S. Territories or country that Join47inc has officially announced is open for business;
- Provide Join47inc with his/her valid Social Security or Federal Tax ID number;
- Pay the monthly Technology Fee (optional for residents of North Dakota); and
- Submit a properly completed online IR Application and Agreement to Join47inc.
Join47inc reserves the right to accept or reject any IR Application and Agreement for any reason or for no reason.
A person who is recognized as a minor in his or her jurisdiction of residence may not be an IR. An IR shall not enroll or recruit minors or anyone unable to legally form a contract to become an IR. Notwithstanding the foregoing, a minor over the age of 16 who desires to become an IR must: (a) obtain a parent’s or guardian's signature on the IR Agreement; (b) be sponsored by or added to his or her parent’s or guardian’s IR’s business if the Parent or guardian of the minor is an IR; and (c) must not be a signatory in any IR’s business other than a parent’s or guardian’s IR’s business.
-
- - Technology Fee and Product Purchases
With the exception of the monthly Technology Fee, no person is required to purchase Join47inc products, services or sales aids, or to pay any charge or fee to become an IR.
-
- - IR Benefits
Once an IR Application and Agreement has been accepted by Join47inc, the benefits of the Compensation Plan and the IR Agreement are available to the new IR. These benefits include the right to:
- Sell Join47inc products;
- Participate in the Join47inc Compensation Plan (receive bonuses and commissions, if eligible);
- Sponsor other individuals IRs into the Join47inc business and thereby, build a marketing organization and progress through the Join47inc Compensation Plan;
- Receive periodic Join47inc literature and other Join47inc communications;
- Participate in Join47inc-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
- Participate in promotional and incentive contests and programs sponsored by Join47inc for its IRs.
-
- - Term and Renewal of Your Join47inc Business
The term of the IR Agreement is month-to-month, and is automatically renewed upon the payment of the monthly Technology Fee. Should an IR fail to pay his/her monthly Technology Fee, the IR’s business will be put on suspension will not be eligible for commissions or bonuses for that month until all past-due website fees are paid. If the IR fails to pay his/her website fee for three consecutive months, the IR’s Agreement shall be permanently terminated. Join47inc shall have the right in its sole and absolute discretion not to accept the Agreement or any renewal of it.
- 4 - OPERATING A JOIN47INC BUSINESS
-
- - Adherence to the Join47inc Compensation Plan
IRs must adhere to the terms of the Join47inc Compensation Plan as set forth in official Join47inc literature. IRs shall not offer the Join47inc opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official Join47inc literature. IRs shall not require or encourage other current or prospective Customers or IRs to execute any agreement or contract other than official Join47inc agreements and contracts in order to become a Join47inc IR. Similarly, IRs shall not require or encourage other current or prospective Customers or IRs to make any purchase from, or payment to, any individual or other entity to participate in the Join47inc Compensation Plan other than those purchases or payments identified as recommended or required in official Join47inc documents or literature.
-
- - Advertising
- - General
All IRs shall safeguard and promote the good reputation of Join47inc and its products. The marketing and promotion of Join47inc, the Join47inc opportunity, the Compensation Plan, and Join47inc products must avoid all discourteous, deceptive, misleading, unethical or immoral, or illegal conduct or practices.
To promote both the products and services, and the tremendous opportunity Join47inc offers, IRs should use the sales aids, business tools, and support materials produced by Join47inc. The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.
Accordingly, IRs may only advertise or promote their Join47inc business using approved tools, templates or images acquired through Join47inc. No approval is necessary to use these approved tools. If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the Join47inc advertising department (adapproval@Join47inc.com) for consideration and inclusion in the template/image library. Unless you receive specific written approval from Join47inc to use such tools, the request shall be deemed denied. Go to the Template Library tab in your back office for guidelines and to access the library. IRs are prohibited from translating any Join47inc materials from English into other languages.
IRs may not sell sales aids to other Join47inc IRs. Therefore, IRs who receive authorization from Join47inc to produce their own sales aids may not sell such material to any other Join47inc IR. IRs may make approved material available to other IRs free of charge if they wish, but may not charge other Join47inc IRs for the material.
Join47inc further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and IRs waive all claims for damages or remuneration arising from or relating to such rescission.
-
-
- - Trademarks and Copyrights
The name of Join47inc and other names as may be adopted by Join47inc are proprietary trade names, trademarks and service marks of Join47inc (collectively “Marks”). As such, these Marks are of great value to Join47inc and are supplied to IRs for their use only in an expressly authorized manner. Join47inc will only allow the limited non-exclusive use of its Marks, designs, or symbols, or any derivatives thereof, solely by an IR in the furtherance or operation of his or her Join47inc business, consistent with these Policies and Procedures. Join47inc will not allow the use of its Marks, designs, or symbols, or any derivatives thereof, by any person, including Join47inc IRs, in any manner without its prior, written permission.
The content of all Company sponsored events is copyrighted material. IRs may not produce for sale or distribution any recorded Company events and speeches without written permission from Join47inc, nor may IRs reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As an independent IR, you may use the Join47inc name in the following manner:
IR’s Name
Independent Join47inc IR
Example:
Alice Smith
Independent Join47inc IR
or
Alice Smith
Join47inc
Independent IR
IRs may not use the name Join47inc in any form in your team name, a tagline, an external website name, your personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Independent Join47inc IR in your phone greeting or on your answering machine to clearly separate your independent Join47inc business from Join47inc, LLC. For example, you may not secure the domain name www.buyJoin47inc.com, nor may you create an email address such as Join47incsales@hotmail.com.
-
-
-
- - Independent Join47inc IR Logo
If you use a Join47inc logo in any communication, you must use the Independent IR version of the Join47inc logo. Using any other Join47inc logo requires written approval. Please see examples below:
Logos Approved for IR Use[A1]
Logos NOT Approved for IR Use[A2]
-
-
- - Media and Media Inquiries
IRs must not attempt to respond to media inquiries regarding Join47inc, its products or services, or their independent Join47inc business. All inquiries by any type of media must be immediately referred to Join47inc’s Compliance Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
-
-
- - Unsolicited Email and Text Messages
Join47inc does not permit IRs to send unsolicited commercial emails or text messages unless such emails and text messages strictly comply with applicable state and federal laws and regulations including, without limitation, the federal CAN SPAM Act. The CAN-SPAM Act regulates the transmission of all commercial e-mail messages, not just unsolicited messages. A commercial e-mail or text message is defined as any e-mail or text message that has a “primary purpose of . . . commercial advertisement or promotion of a commercial product or service.” This includes commercial e-mails or text messages sent to business accounts, as well as those sent to individual consumers.
-
-
-
- - Requirements for All Commercial Email Messages
The Mailing List
- The mailing list may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you.
- The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).
- You must “scrub” (compare) the mailing list against available “do not e-mail” list at the last possible, commercially reasonable moment before the e-mail is sent and remove any email addresses that are on the “do not e-mail” list.
The E-mail Message
- The message must include complete and accurate transmission and header information.
- The “From” line must identify your business as the sender. This does not have to include your business’s formal name, if any. For example, it may contain your business’s name, trade name, or product or service name. The key requirement is that the “From” line provide the recipient with enough information to understand who is sending the message.
- The “Subject” line must accurately describe the message’s content.
- The message must clearly include the business’s valid, current physical postal address. This address can be a:
- street address;
- post office box that the business has accurately registered with the US Postal Service; or
- private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.
- The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
- There must be a functioning return email address to the sender.
- The use of deceptive subject lines and/or false header information is prohibited.
The Opt-out Mechanism
- The message must clearly explain that the recipient may opt out of receiving future commercial messages from the business.
- The message must include either an e-mail address or other online mechanism that the recipient may use for this opt out. The mechanism must not require the recipient to:
- do anything more than reply to the e-mail or visit a single web page to opt out;
- make any payment or submit any personal information, including account information (other than e-mail address), to opt out; and
- the opt-out mechanism must work for at least 30 days after the e-mail is sent.
- You must ensure that the explanation of how a recipient can opt out is easy to read and understand.
- You may include a menu of opt-out options that permit the recipient to select the types of commercial messages the recipient would like to continue receiving. However, one option must permit opting out of all commercial messages from you.
- You must honor all opt-out requests within ten business days.
- Opt-out requests do not expire. An opt-out is overridden only by the recipient’s subsequent express (opt in) request to receive commercial e-mail.
- All opt-out requests, whether received by email or regular mail, must be honored. If you receive an opt-out request from a recipient of an email, you must forward the opt-out request to the Company.
- You may not sell, share or use a business’s opt-out list for any reason other than to comply with the law.
Monitoring Opt-out Capabilities – If you use a third-party service provider you must implement procedures to ensure that your opt-out capabilities actually work. An example of a basic procedure to test the opt-out procedure is as follows:
- Establish e-mail accounts with several major private e-mail account providers (for example, Gmail, Yahoo, Hotmail, AOL, and so on) and add these e-mail addresses to the business’s mailing list. For each e-mail address created for monitoring purposes, use the business’s opt-out mechanism to remove the e-mail address from the mailing list.
- Repeat this procedure on a regular basis (for example, at least every two weeks).
- Examine the e-mail received by the monitoring e-mail account to confirm that the: the opt-out mechanism works; the opt-out request is honored within 10 business days; and the monitoring e-mail account no longer receives commercial messages from the business.
- If the monitoring and testing process reveals problems, the business should immediately fix the issues.
Third-party Marketing Affiliates or Service Providers - When using third-party service providers, including affiliate marketers you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the CAN-SPAM Act and includes appropriate and adequate remedies for noncompliance.
-
-
-
- - Additional Requirements for Email Messages Sent to Mobile or Wireless Devices
When sending commercial messages to wireless devices, you must insure your compliance, or a third-party’s compliance with, the following requirements.
The Recipient List
- You are prohibited from using any type of software or autodialer to send unsolicited text messages without the recipient’s consent.
- The list of text message recipients may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you.
- You must receive the recipient’s prior, affirmative consent (opt in) to send the commercial text messages. The consent can be oral, written or electronic.
- Ask for consent in a way that involves no cost to the recipient, for example:
- do not send the request to the wireless device; and
- allow the recipient to respond in a way that involves no cost (such as an online, e-mail or postal mail sign-up).
- When seeking consent, make it clear that the recipient:
- is agreeing to receive commercial e-mail on his wireless device;
- may be charged to receive the e-mail; and
- can revoke his consent at any time.
- The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).
- You must “scrub” (compare) the mailing list against available “do not e-mail” list at the last possible, commercially reasonable moment before the e-mail is sent and remove any email addresses that are on the “do not e-mail” list.
- Text messages cannot be sent between 9 p.m. and 8 a.m. local time.
The Text Message
- Provide a clear and conspicuous disclosure that the recipient will receive future text messages.
- The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
- The message must clearly include the business’s valid, current physical postal address. This address can be a:
- street address;
- post office box that the business has accurately registered with the US Postal Service; or
- private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.
- Include an easy-to-use opt-out mechanism in every text message.
- There must be a functioning return number to the sender to which the recipient can send a text message.
-
-
-
- - Commercial Email Messages Sent on Behalf of IRs
The Join47inc may periodically send commercial emails on behalf of IRs. By entering into the IR Agreement, IR agrees that the Company may send such emails and that the IR’s physical and email addresses will be included in such emails as outlined above. IRs shall honor opt-out requests generated as a result of such emails sent by the Company.
-
-
- - Unsolicited Faxes
Except as provided in this section, IRs may not use or transmit unsolicited faxes in connection with their Join47inc business. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Join47inc, its products, 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: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the IR has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an IR and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such IR; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
-
-
- - Telephone or Online Directory Listings
IRs may list themselves as an “Independent Join47inc IR” in a telephone directory or online directories, under their own name. No IR may place telephone or online directory display ads using Join47inc's name or logo. IRs may not answer the telephone by saying “Join47inc”, “Join47inc Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Join47inc. If an IR wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
IR's Name
Independent Join47inc IR
-
-
- - Television and Radio Advertising
IRs may not advertise on television and radio except with Join47inc’s express written approval.
-
-
- - Advertised Prices
IRs may not create their own marketing or advertising material offering any Join47inc products at a price less than the current Autoship price. Similarly, IRs may not sell any Join47inc products at a price less than the current Autoship price.
-
-
- - Recordings
IRs are prohibited from producing, either for personal use, distribution or for sale, any reproduction, rebroadcast, or recording of any Company literature, audio or visual material, presentations, events or speeches (including conference calls). Video and/or audio taping of any Company meeting, conference, event, call, or any other Company material is strictly prohibited. Still photography is allowable at the discretion of the meeting host.
-
- - Online Conduct
- - IR Web Sites
IRs are provided with a replicated website by Join47inc, from which they can take orders, enroll new Customers and IRs, place Customers on the Autoship Program, as well as manage their Join47inc business. IRs may use only replicated websites provided by Join47inc to promote their Join47inc business, and may not create their own websites to directly or indirectly promote Join47inc’s products, services, or the Join47inc opportunity.
-
-
- - Join47inc Replicated Websites
IRs receive a Join47inc Replicated Website subscription to facilitate online buying experience for their Customers and enrollments for prospective Customers and IRs. There is a $15.95 monthly charge for Replicated Websites. IRs are solely responsible and liable for the content they add to their Replicated Website and must regularly review the content to ensure it is accurate and relevant.
IRs may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-Join47inc products, services or income opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
- The Join47inc Independent IR Logo
- Your Name
- Join47inc Corporate Website Redirect Button
- Artwork, logos, or graphics
- Original text.
Because Replicated Websites reside on the Join47inc.com domain, Join47inc reserves the right to receive analytics and information regarding the usage of your website.
By default, your Join47inc Replicated Website URL is www.Join47inc.com/<distributorID#>. You must change this default ID and choose a uniquely identifiable website name that cannot:
- Be confused with other portions of the Join47inc corporate website;
- Confuse a reasonable person into thinking they have landed on a Join47inc corporate page;
- Be confused with any Join47inc name;
- Contain any discourteous, misleading, or off-color words or phrases that may damage Join47inc’s image.
-
- - Domain Names, email Addresses and Online Aliases
You are not allowed to use or register Join47inc or any of Join47inc’s trademarks, product names, or any derivatives, for any Internet domain name, email address, social media website, blog website, online handles or online aliases. Additionally, you cannot use or register domain names, email addresses, social media websites, blog websites, online handles and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Join47inc. Examples of the improper use of Join47inc include, but are not limited to any form of Join47inc showing up as the sender of an email or examples such as:
www.MyJoin47incBiz.com www.Join47incDreamTeam.com
www.ISellJoin47inc.com www.Join47incbyJaneDoe.com
www.Join47incMoney.net www.JanesJoin47incOpportunity.net
-
-
- - Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or retail specific Join47inc products or product bundles. You may use online classifieds (including Craigslist, Indeed, Ziprecruiter, Careerbuilder or other similar websites) for prospecting, recruiting, sponsoring and informing the public about the Join47inc income opportunity.
-
-
- - eBay / Online Auctions
Join47inc’s products and services may not be listed on eBay or other online auctions, nor may IRs enlist or knowingly allow a third party to sell Join47inc products on eBay, other online auction site, or ecommerce sites, such as Amazon.com, MercadoLibre.com, AliBaba.com, TowBow.com, etc.. An IR who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Join47inc products on eBay or any other online auctions must immediately discontinue all sales to the third party.
-
-
- - Online Retailing
IRs may not list or sell Join47inc products on any online retail store or ecommerce site (such as Amazon or Facebook Marketplace), nor may you enlist or knowingly allow a third party to sell Join47inc products on any online retail store or ecommerce site. An IR who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Join47inc products on any online retail store or ecommerce site must immediately discontinue all sales to the third party.
-
-
- - Banner Advertising
You may place banner advertisements on a website. All banner advertisements must link to your Replicated Website. IRs may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with Join47inc products or the Join47inc opportunity. Banner advertisements may not be placed on any website that contains any violent, hateful, pornographic, or illegal content or any other content which may damage Join47inc’s reputation . Whether content is or may be damaging to Join47inc’s reputation shall be in the sole discretion of Join47inc.
-
-
- - Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
-
-
- - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)
IRs may upload, submit or publish Join47inc-related video, audio or photo content that they develop and create so long as it aligns with Join47inc’s values, contributes to the Join47inc community greater good, and is in compliance with Join47inc’s Policies and Procedures. All submissions must clearly identify you as an Independent Join47inc IR in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. IRs may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Join47inc or captured at official Join47inc events or in buildings owned, leased, or operated by Join47inc without prior written permission from Join47inc.
-
-
- - Sponsored Links / Pay-Per-Click (PPC) Ads
Except as prohibited elsewhere within the Policies and Procedures, sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to the sponsoring IR’s Replicated Website. The display URL must also be to the sponsoring IR’s Replicated Website, and must not portray any URL that could lead the user to believe they are being directed to a Join47inc Corporate site, or be inappropriate or misleading in any way.
-
-
- - Domain Names and Email Addresses
Except as set forth in the IR Website Application and Agreement, IRs may not use or attempt to register any of Join47inc’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.
-
-
- - Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should you utilize any form of social media, including but not limited to Facebook, Instagram, Snapchat, Twitter, LinkedIn, YouTube, Tik Tok, Snapchat or Pinterest, you agree to each of the following:
- No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to your Join47inc Replicated Website.
- It is your responsibility to follow the social media site’s Terms of Use. If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s Terms of Use.
- Any social media site that is directly or indirectly operated or controlled by an IR that is used to discuss or promote Join47inc’s products or the Join47inc opportunity may not link to any website, social media site, or site of any other nature, other than the IR’s Join47inc replicated website.
- During the term of this Agreement and for a period of 12 calendar months thereafter, an IR may not use any social media site on which they discuss or promote, or have discussed or promoted, the Join47inc business or Join47inc’s products to directly or indirectly solicit Join47inc IRs for another direct selling, multilevel marketing or network marketing program (collectively, “Direct Selling”). In furtherance of this provision, an IR shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other IRs relating to the IR’s other direct selling business activities. Violation of this provision shall constitute a violation of the non-solicitation provision in Section 4.11 (Conflicts of Interest) below.
- IRs who engage in another Direct Selling Business (as defined in Section 4.11.2) must not, directly, indirectly or through a third party use any social media account (e.g., Facebook, Twitter, LinkedIn, YouTube, Pinterest, Instagram, etc.) that the IR currently uses or has used in the past to promote or discuss Join47inc, its products, programs, services or the business opportunity (“Join47inc Social Media”), to promote another Direct Selling Business.
- If an IR is involved in another Direct Selling Business, the IR must create a separate social media account to promote the other Direct Selling Business. IRs are also prohibited from “cross-posting” from their other Direct Selling Business social media account on to the IR’s Join47inc Social Media and vice versa.
- An IR may post or “pin” photographs of Join47inc products on a social media site, but only photos that are provided by Join47inc and downloaded from the IR’s Back-Office may be used.
If your IR Agreement is terminated for any reason, you must remove references to Join47inc (including but not limited to, its name, products and income opportunity) from any social media account(s) or profile(s) used by you within ten (10) days of the date of the termination of your IR Agreement.
-
-
- - Prohibited Postings
An IR may not make any postings, or link to any postings or other material that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images;
- Solicitous of any unlawful behavior;
- Engaged in personal attacks on any individual, group, or entity; or
- In violation of any intellectual property rights of the Company or any third party.
-
-
- - Responding to Negative Posts
An IR is prohibited from conversing with others who place a negative post against them, other IRs or the Company. The IR must report negative posts to Join47inc’s Compliance Department at Compliance@Join47inc.com.
-
- - Business Entities
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Join47inc IR by submitting an IR Application and Agreement along with a properly completed Business Entity Registration Form and a properly completed IRS Form W-9. In addition to the IR Application and Agreement, Join47inc may request that it be accompanied by copies of any or all of the following:
- any formation or other governing documentation for the Business Entity;
- a complete list of any and all shareholders, directors, officers, partners, members, managers, and/or trustee(s) and beneficiaries of a trust, as applicable, of the Business Entity (collectively “Principals”);
- the Business Entity Tax Identification Number (TIN); and,
- any other documentation reasonably requested by the Company from time to time.
The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Join47inc, compliance with the Join47inc Policies and Procedures, the Join47inc IR Agreement, and other obligations to Join47inc.
-
-
- - Addition or Removal of an Affiliated Party
When adding an Affiliated Party to an existing Join47inc distributorship, the Company requires a signed written request as well as a properly completed IR Agreement containing the original Applicant’s/Applicants’ and new Affiliated Party’s/Parties/ information, tax identification numbers and signatures. Join47inc may, at its discretion, require notarized documents before adding an Affiliated party to a Join47inc business.
To prevent the circumvention of Sections 4.26 (Sale, Transfer or Assignment of Join47inc Business) and 4.5, (Change of Sponsor), if any Affiliated Party wants to terminate his or her relationship with the Business Entity or Join47inc, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify Join47inc in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 4.26 (Sale, Transfer or Assignment of Join47inc Business). When removing a co-applicant from an existing Join47inc account, the Company requires a written and notarized request from the departing Affiliated Party/Parties, as well as a properly completed IR Agreement containing only the remaining Affiliate Party’s/Parties’ federal tax identification number and signature(s). In addition, the Affiliated Party terminating his/her/its/their interest in the Business Entity may not participate in any other Join47inc business for six consecutive calendar months in accordance with Section 4.5.3 (Termination and Re-application). If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of Section 4.26 (Sale, Transfer or Assignment of Join47inc Business).
There is a $25.00 fee for each change requested, which must be included with the written request and the completed IR Application and Agreement. The original documents (not copies) relating to addition or removal of an Affiliate Party must be submitted to Join47inc’s Customer Service Department by mail or overnight courier to 3427 Warm Springs Avenue, Suite 130, The Villages, Florida 32163. Please allow thirty (30) days after the receipt of the request by Join47inc for processing.
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 (Change of Sponsor), below.
-
-
- - Changes to a Business Entity
Each IR must immediately notify Join47inc of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.
-
- - Change of Sponsor
Join47inc strongly discourages changes in sponsorship. In order to protect all Sponsors, no IR may interfere with the relationship between another IR and his or her Sponsor in any way. An IR may not offer, entice, encourage, solicit, recruit, or otherwise influence or attempt to persuade another IR to change his or her Sponsor or line of sponsorship, either directly or indirectly. Accordingly, the transfer of a Join47inc business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the IR Services Department, and must include the reason for the transfer. Transfers will only be considered in the following three circumstances:
-
-
- - Misplacement
In cases in which the new IR is sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, an IR 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 _________(specify time period)_________ from the date of enrollment. The IR requesting the change has the burden of proving that he or she was placed beneath the incorrect sponsor. It is up to Join47inc’s discretion whether the requested change will be implemented.
-
-
- - Upline Approval
The IR 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 IRs in his or her marketing organization. Photocopied or facsimile signatures are not acceptable. All IR signatures must be notarized. The IR who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. If the transferring IR also wants to move any of the IRs in his or her marketing organization, each downline IR must also obtain a properly completed Sponsorship Transfer Form and return it to Join47inc with the $50.00 change fee (i.e., the transferring IR and each IR in his or her marketing organization multiplied by $50.00 is the cost to move a Join47inc business.) Downline IRs will not be moved with the transferring IR unless all of the requirements of this paragraph are met. Transferring IRs must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by Join47inc for processing and verifying change requests.
-
-
- - Termination and Re-application
An IR may legitimately change organizations by voluntarily canceling his or her Join47inc business and remaining inactive (i.e., no purchases of Join47inc products for resale, no sales of Join47inc products, no sponsoring, no attendance at any Join47inc functions, participation in any other form of IR activity, or operation of any other Join47inc business, no income from the Join47inc business) for six (6) full calendar months. Following the six month period of inactivity, the former IR may reapply under a new sponsor, however, the former IR’s downline will remain in their original line of sponsorship. Join47inc will consider waiving the six month waiting period under exceptional circumstances. Such requests for waiver must be submitted to Join47inc in writing.
Any change in sponsorship in accordance with this Policy at any rank is limited to one time in the IR’s life. Join47inc will not accept an IR Agreement for an IR wishing to change sponsors beyond the first sponsor change made in accordance with this Policy.
-
-
- - Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an IR, Join47inc 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, IRS WAIVE ANY AND ALL CLAIMS AGAINST JOIN47INC, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM JOIN47INC’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
-
- - Unauthorized Claims and Actions
- - Indemnification
An IR is fully responsible for all of his or her verbal and written statements made regarding Join47inc products, services, and the Compensation Plan that are not expressly contained in official Join47inc materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. IRs agree to indemnify Join47inc and Join47inc’s directors, officers, employees, and agents (collectively referred to herein as “Affiliates”), and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Join47inc as a result of the IR’s unauthorized representations or actions. This provision shall survive the termination of the IR Agreement.
-
-
- - Product Claims
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Join47inc may be made except those contained in official Join47inc literature. In particular, no IR may make any claim that Join47inc products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases or symptoms of diseases. Such statements can be perceived as drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the IR Agreement, they also violate the laws and regulations of the United States and other jurisdictions.
-
-
- - Compensation Plan Claims
When presenting or discussing the Join47inc Compensation Plan, you must make it clear to prospects that financial success with Join47inc requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
- It’s a turnkey system;
- The system will do the work for you;
- Just get in and your downline will build through spillover;
- Just join and I’ll build your downline for you;
- The company does all the work for you;
- You don’t have to sell anything; or
- All you have to do is buy your products every month.
The above are merely examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as a Join47inc IR without commitment, effort, and sales skill.
-
-
- - Income Disclosure Statement
Join47inc’s corporate ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we have developed the Join47inc Income Disclosure Statement (“IDS”). The Join47inc IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Join47inc IRs earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective IRs. The failure to comply with this policy constitutes a significant and material breach of the Join47inc IR Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 9.1 (Disciplinary Sanctions).
An IR, when presenting or discussing the Join47inc opportunity or Compensation Plan to a prospective IR, may not make income projections, income claims, or disclose his or her Join47inc income (including the showing of checks, copies of checks, bank statements, e-wallet statements or tax records) unless, at the time the presentation is made, the IR provides a current copy of the Join47inc Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.
A copy of the IDS must be presented to a prospective IR (someone who is not a party to a current Join47inc IR Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings; (2) statements of projected earnings; (3) statements of earnings ranges; (4) income testimonials; (5) lifestyle claims; and (6) hypothetical claims.
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of “opportunity” or “possibility” or “chance.” Claims such as “My Join47inc income exceeded my salary after six months in the business,” or “Our Join47inc business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
A hypothetical income claim exists when you attempt to explain the operation of the compensation plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally-enrolled Customers and IRs; (2) number of downline Customers and IRs; (3) average sales/purchase volume/sales volume per Customer and IR; and (4) total organizational volume. Applying these assumptions through the compensation plan yields income figures which constitute hypothetical income claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective IR or IRs in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claims is made, you must provide every prospective IR with a copy of the IDS and you must display at least one (3 foot x 5 foot poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
Copies of the IDS may be printed or downloaded without charge from the corporate website at http://www.Join47inc.com/IDS.
IRs who develop sales aids, business tools or marketing materials (collectively “Resource” or “Resources”) in which the Compensation Plan or income claims are present must incorporate the IDS into each such Resource prior to submission to the Company for review. IRs who make or submit any posts to any social media website in which the Compensation Plan or income claims are present must incorporate the IDS or a link to the IDS (http://www.Join47inc.com/IDS) into each such post at the time he or she makes or submits the post. In addition, IRs who make such posts must use one of the following “pointers” to alert readers or viewers to the link to the IDS: (1) If the link is immediately next to the income claim – “IMPORTANT - Please click this link (http://www.Join47inc.com/IDS) for complete information about IR earnings with Join47inc.”; (2) If the link is not immediately next to the income claim – “IMPORTANT - Please click the link below for complete information about IR earnings with Join47inc.” And at the bottom of the social media post insert – “IMPORTANT - Please see the Join47inc Income Disclosure Statement at http://www.Join47inc.com/IDS for complete information about IR earnings with Join47inc.” All pointers must be clear and conspicuous. “Clear and conspicuous” means that at the very minimum, the type size of the pointer must be at least as large and the predominant text that is used in the Resource.
-
- - Repackaging and Re-labeling Prohibited
Join47inc products must be sold in their original packaging. IRs may not repackage, re-label, or alter the labels on Join47inc products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. IRs may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
-
- - Commercial Outlets
IRs may not sell Join47inc products from a commercial outlet, nor may IRs display or sell Join47inc products or literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell Join47inc products.
-
- - Military Installations
The offer, promotion, or sale of the goods and services, or the offer and promotion of the Join47inc opportunity on a military installation is not a right – it is a privilege. Even if an IR lives on a military installation, he or she does not have the right to offer our products or opportunity to anyone on that installation without the permission of the installation Commander. For the purposes of the U.S. Navy personnel and Navy Regulations, the definition of an “installation” also includes U.S. Navy vessels.
Any IR who wants to offer, promote, or sell Join47inc products, or offer and promote the Join47inc opportunity (these activities will be collectively referred to as “commercial solicitation activities”) on a military installation must make an inquiry to the office of the installation Commander to determine whether the Commander has granted permission for Join47inc IRs to engage in such activities on the installation. If the Commander has not done so, the IR must contact Join47inc’s offices to ask the Company to obtain the Commander’s permission. IRs are prohibited from seeking such permission from any installation Commander. If obtained, the permission to engage in commercial solicitation activities on a military installation is granted only for one particular installation.
Any IR who intends to engage in commercial solicitation activities on a military installation must be aware of and become completely familiar with the applicable military Regulation or Instruction. There are many activities that are permissible in a civilian environment that are not permissible on a military installation. Some of these activities include, but are not limited to:
- Solicitation during enlistment or induction processing or during basic combat training, and within the first half of the one station unit training cycle.
- Solicitation of “mass,” “group,” or “captive” audiences.
- Making appointments with or soliciting military personnel during their normally-scheduled duty hours.
- Soliciting without an appointment in areas used for housing or processing transient personnel, or soliciting in barracks areas used as quarters.
- Use of official military identification cards or vehicle decals by active duty, retired, or reserve members of the military services to gain access to Army installations for the purpose of soliciting. (When entering the installation for the purpose of solicitation, IRs with military identification cards and/or installation vehicle decals must present documentation issued by the installation authorizing solicitations.)
- Offering rebates to promote transaction or to eliminate competition.
- Any oral or written representations which suggest or appear that the military branch sponsors or endorses the Company or its IRs, or the goods, services, and commodities offered for sale.
- The designation of any agent or the use by any agent of titles (for example, “Battalion Insurance Counselor,” “Unit Insurance Advisor,” “Servicemen’s Group Life Insurance Conversion IR”) that in any manner states or implies any type of endorsement from the U.S. Government, the Armed Forces, or any State or Federal agency or Government entity.
- Entry into any unauthorized or restricted area.
- Distribution of literature other than to the person being interviewed.
- Contacting military personnel by calling a Government telephone, faxing to a Government fax machine, or sending e-mail to a Government computer, unless a pre-existing relation (that is, the military member is a current client or requested to be contacted) exists between the parties and the military member has not asked for the contact to be terminated.
- Soliciting door to door or without an appointment.
The foregoing items are not an all-inclusive list. There are many more prohibited activities that are addressed in the applicable military Regulation or Instruction. The violation of military Regulations or Instructions by one IR could jeopardize the ability of all Join47inc IRs to engage in commercial solicitation activities on a particular military installation or even the entire branch of the military involved (e.g., Army, Air Force, Navy, Marines, or Coast Guard).
-
- - Trade Shows, Expositions and Other Sales Forums
IRs may display and/or sell Join47inc products at trade shows and professional expositions. Before submitting a deposit to the event promoter, IRs must contact the IR Services department in writing for conditional approval, as Join47inc’s policy is to authorize only one Join47inc business per event. Final approval will be granted to the first IR who submits an official advertisement of the event, a copy of the contract signed by both the IR 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 Compliance Department at compliance@Join47inc.com. Join47inc 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 Join47inc 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 Join47inc wishes to portray.
-
- - Conflicts of Interest
-
-
- - Crossline Recruiting and Communication
IRs are prohibited from crossline recruiting. The use of a spouse or relative’s name, trade names, DBAs, assumed names, entities, federal identification numbers, or fictitious identification numbers, or any other device or contrivance to circumvent this policy is prohibited. An IR shall not demean, discredit, or defame other Join47inc IRs in an attempt to entice another customer, IR or prospective IR to become part of his or her organization.
For the purposes of this Section 4.11.1, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, of another Join47inc IR or Customer to enroll, join, or otherwise participate in another Join47inc marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.
IRs are strictly prohibited from meeting privately with crossline IRs without the presence of one or more common upline IR(s), in person, telephonically, online or via any other method of communication. For the purposes of these Policies and Procedures:
- “Crossline IR” means any IR who is not in the Inviting IR’s enrollment tree upline or downline.
- “Meeting” includes, but is not limited to, the act of coming together and/or an occasion in which two or more people come together to discuss or decide something, via any means including in-person, telephonically, online or via any other method of communication.
The “Inviting IR” is strictly prohibited from inviting or allowing into any social media group any Crossline IRs.
-
-
- - Nonsolicitation
Join47inc IRs are free to participate in other direct selling, multilevel marketing or network marketing entities, businesses, organizations, opportunities, or ventures (collectively referred to as a “Direct Selling Business”). As an IR, you recognize Join47inc’s legitimate interests in protecting, during the term of your IR Agreement and for a reasonable period of time following its termination, Join47inc’s relationships with its Customers and IRs. Accordingly, you understand and agree that during the term of this Agreement, any renewal or extension hereof, and for a period of one (1) year following the termination of your Independent IR Agreement for any reason whatsoever, with the exception of an IR who is personally sponsored by the IR (or former IR, as may be applicable), you may not and will not recruit (as defined below) any Join47inc IR or Customer for another Direct Selling Business.
IRs and the Company recognize that because direct selling 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, IRs and Join47inc agree that this non-solicitation provision shall apply nationwide throughout the United States and to all international markets in which Join47inc IRs are located.
For the purposes of this Section 4.11.2, the term “recruit” means the actual or attempted, sponsorship, solicitation, enrollment, encouragement, counsel, aid, consultation or effort to influence in any way (either directly, indirectly, or through a third party) another Join47inc IR or Customer to: (1) enroll, join, or otherwise participate in another Direct Selling Business; (2) to purchase the products or services of another network marketing business; or (3) terminate or alter his or her business or contractual relationship with the Join47inc. The term “recruit” also includes the above activities in the event that the IR’s actions are in response to an inquiry made by another IR or Customer.
-
-
- - IR Participation in Other Network Marketing Programs
If an IR is engaged in another non-Join47inc Direct Selling Business, it is the responsibility of the IR to ensure that his or her Join47inc business is operated entirely separate and apart from any other Direct Selling Business. To this end, the following must be adhered to:
- IRs must not offer, present, display, market, promote or sell (collectively referred to herein as “promote”) or attempt to promote any non-Join47inc programs, products or services to Join47inc Customers or IRs. This provision does not apply where professional services are the primary source of revenues and the product sales are secondary to the provision of such services (e.g., physician’s offices, health clinics, health clubs, gyms, spas or beauty salons). However, an IR may promote non-Join47inc products or services to Join47inc Customers or IRs who are personally-sponsored.
- IRs shall not promote Join47inc promotional material, sales aids, products or services with or in the same location as, any non-Join47inc promotional material or sales aids, products or services.
- IRs shall not promote the Join47inc opportunity, products or services in any venue, location or media (collectively referred to herein as “Venues”), including, but not limited to, physical, electronic, virtual, telephonic, video or any form of social media Venue, to prospective or existing Join47inc Customers or IRs in conjunction with any non-Join47inc program, opportunity, product or service.
- In the event that an IR wants to promote a non-Join47inc Direct Selling Business, opportunity or products/services via any form of social media, the IR may not include any non-Join47inc Direct Selling Business, products, services or opportunity within the same social media account in which Join47inc, its opportunity or its product and services are promoted. That is to say, an IR who wants to promote both the Join47inc opportunity, products or services and a non-Join47inc opportunity, products or services must do so through two completely separate and discrete social media accounts.
- IRs may not promote any non-Join47inc products, services or opportunity at any Join47inc-related meeting, seminar, convention, webinar, teleconference, or other function.
- IRs may not produce any literature, audio or video recording or promotional material of any nature (including but not limited to social media postings and emails) which is used by the IR or any third person to recruit IRs or customers to participate in any other Direct Selling Business;
- IRs may not engage or participate in any activity that may reasonably be foreseen to draw an inquiry from Join47inc’s IRs or customers relating to the IR’s other Direct Selling Business activities, products or services.
All of these provisions as outlined in this Section 4.11.3 shall survive the termination or expiration of the IR Agreement for a period of one (1) year after such termination or expiration.
-
-
- - Confidential Information
“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of Join47inc customers and IRs, contact information of Join47inc customers and IRs, IRs’ personal and group sales volumes, IR rank and/or achievement levels, and other financial and business information. All Confidential Information (whether oral or in written or electronic form) is proprietary information of Join47inc and constitutes a business trade secret belonging to Join47inc. Confidential Information is, or may be available, to IRs in their respective back-offices. IR access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to Join47inc. Such Confidential Information is provided to IRs in strictest confidence and is made available to IRs for the sole purpose of assisting IRs in working with their respective downline organizations in the development of their Join47inc business. IRs may not use the reports for any purpose other than for developing, managing, or operating their Join47inc business. Where an IR participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. IRs should use the Confidential Information to assist, motivate, and train their downline IRs. The IR and Join47inc agree that, but for this agreement of confidentiality and nondisclosure, Join47inc would not provide Confidential Information to the IR.
To protect the Confidential Information, IRs shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
- Directly or indirectly disclose any Confidential Information to any third party;
- Directly or indirectly disclose the password or other access code to his or her back-office;
- Use any Confidential Information to compete with Join47inc or for any purpose other than promoting his or her Join47inc business;
- Recruit or solicit any IR or Customer of Join47inc listed on any report or in the IR’s back-office, or in any manner attempt to influence or induce any IR or Customer of Join47inc, to alter their business relationship with Join47inc; or
- Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether an IR’s Agreement has been terminated, or whether the IR is or is not otherwise affiliated with the Join47inc. Upon nonrenewal or termination of the Agreement, IRs must immediately discontinue all use of the Confidential Information and if requested by the Join47inc promptly return all materials in their possession to the Join47inc within five (5) business days of request at their own expense. If an IR participates in any other Direct Selling Business, he or she shall not be eligible to have access to Downline Genealogy Reports.
-
- - Targeting Other Direct Sellers
Join47inc does not condone IRs specifically or consciously targeting the sales force of another direct sales company to sell Join47inc products or to become IRs for Join47inc, nor does Join47inc condone IRs 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 IRs 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 an IR alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Join47inc will not pay any of the IR’s defense costs or legal fees, nor will Join47inc indemnify the IR for any judgment, award, or settlement.
-
- - Errors or Questions
If an IR has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the IR must notify Join47inc in writing within 60 days of the date of the purported error or incident in question. Join47inc will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
-
- - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, IRs shall not represent or imply that Join47inc or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
-
- - Holding Applications or Orders
IRs must not manipulate enrollments of new applicants and purchases of products. All IR Applications and Agreements, and product orders must be sent to Join47inc within 72 hours from the time they are signed by an IR or placed by a Customer, respectively.
-
- - Income Taxes
Each IR is responsible for paying local, state, and federal taxes on any income generated as an Independent IR. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If an IR’s Join47inc business is tax exempt, the Federal tax identification number must be provided to Join47inc. Every year, Join47inc will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: (1) had earnings of over $600 in the previous calendar year; or (2) made purchases during the previous calendar year in excess of $5,000.
-
- - Independent Contractor Status
IRs are independent contractors. The agreement between Join47inc and its IRs does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the IR. IRs shall not be treated as an employee for his or her services or for Federal or State tax purposes. All IRs are responsible for paying local, state, and federal taxes due from all compensation earned as an IR of the Company. The IR has no authority (expressed or implied), to bind the Company to any obligation. Each IR shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the IR Agreement, these Policies and Procedures, and applicable laws. IRs may not advertise under the "help wanted" section of any newspaper or other directory, nor may any advertisement state or imply that the IR is seeking to employ or hire an individual or that the IR is an agent or recruiter for the Company.
-
- - Insurance
You may wish to arrange insurance coverage for your business. Your homeowner’s or renter’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 homeowner’s or renter’s policy.
Join47inc maintains insurance to protect the Company and IRs against product liability claims. The Company’s insurance policy contains a "Vendors Endorsement" which extends coverage to IRs so long as they are marketing Join47inc products in accordance with these Policies and Procedures, as well as applicable laws and regulations. The Company’s product liability policy does not extend coverage to claims or actions that arise as a result of an IR’s negligence, intentional misconduct and/or claims beyond those contained in official Join47inc materials.
-
- - International Marketing
IRs are authorized to promote and/or sell Join47inc products, and enroll Customers or IRs only in the countries in which Join47inc is authorized to conduct business, as announced in official Company literature (an “Official Country”). Join47inc products or sales aids may not be given, transferred, distributed, shipped into or sold in any Unauthorized Country (see definition below). IRs may not sell, give, transfer, or distribute Join47inc products or sales aids from one Official Country into another Official Country.
IRs have no authority to take any steps in any country toward the introduction or furtherance of the Company. This includes, but is not limited to, any attempt to register, reserve or otherwise secure any Company names, trademarks, trade names, copyright, patent, other intellectual property, to secure approval for products or business practices, or to establish business or governmental contacts. You agree to indemnify the Company for all costs incurred by it for any remedial action needed to exonerate the Company in the event you improperly act purportedly on behalf of the Company.
Only after the Company has announced that a country is officially open for business (an “Official Country”) may IRs conduct business in that Official Country by promoting the Company (or related entity) and/or promoting, marketing or selling Products, and enrolling other IRs or Customers. IRs are required to follow all laws, rules and regulations of the Official Country. IR may use only promotional materials approved by the Company for use in an Official Country and sell only products approved for sale in that country.
In addition, no IR may, in any Unauthorized Country:
- advertise the Company, the Compensation Plan or its products;
- offer Company products for sale or distribution
- conduct sales, enrollment or training meetings;
- enroll or attempt to enroll potential Customers or IRs;
- Accept payment for enrollment or recruitment from citizens of countries where Join47inc does not conduct business;
- promote international expansion via the Internet or in promotional literature; or
- conduct any other activity for the purpose of selling Join47inc products, establishing a marketing organization, or promoting the Join47inc opportunity.
An IR is solely responsible for compliance with all laws, tax requirements, immigration customs laws, rules and regulations of any country in which he or she conducts business. IRs accept the sole responsibility to conduct their independent businesses lawfully within each country in which he or she conducts business.
An IR’s right to receive commissions in a country may be revoked at any time if the Company determines that he or she has not conducted business in particular country in accordance with the terms and conditions contained herein or the governing operations within such country.
The Company reserves the right to establish additional policies and procedures that are applicable to a specific country. An IR who conducts business internationally agrees to abide by all special policies established by the Company for the specific country or countries in which he or she conducts business.
-
- - Excess Inventory and Bonus Buying
IRs must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other IR to buy more products than they can reasonably use or sell to retail customers in a month. In addition, bonus buying is strictly prohibited. Bonus buying includes any plan, scheme, 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. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.
-
- - Adherence to Laws, Regulations and the Agreement
IRs must comply with all federal, state, and local laws, regulations, ordinances, codes, and the terms of the Agreement 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 IRs because of the nature of their business. However, IRs must obey those laws that do apply to them. If a city or county official tells an IR that an ordinance applies to him or her, the IR shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Join47inc. In addition, IRs must not recommend, encourage or teach other IRs to violate federal, state, or local laws, regulations, ordinances, codes, or the terms of the Agreement in the operation of their Join47inc business.
-
- - One Join47inc Business Per IR and Per Household
Except as provided in this section, an IR may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Join47inc business. No individual may have, operate or receive compensation from more than one Join47inc business.
Individuals of the same Household may maintain, own, and operate their own Join47inc Business. A “Household” is defined as spouses and dependent adult children living at or doing business at the same address. In the event that two members of the same Household elect to become IRs at the same time, one must be enrolled by the other. In the event that more than two members of the same Household elect to become IRs at the same time, they must elect one Household member to enroll the others. In the event that members of the same Household elect to become IRs at different times, the Household member who joined Join47inc first must be the Sponsor for all other Household members.
-
- - Actions of Household Members or Affiliated Parties
If any member of an IR’s Household or any member of an Affiliated Party’s Household, engages in any activity which, if performed by the IR, would violate any provision of the Agreement, such activity will be deemed a violation by the IR and Join47inc may take disciplinary action pursuant to these Policies and Procedures against the IR. Similarly, if any individual associated in any way with a corporation, partnership, limited liability company, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Join47inc may take disciplinary action against the Business Entity. Likewise, if an IR enrolls in Join47inc as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
-
- - Requests for Records
Any request from an IR for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
-
- - Roll-up of Marketing Organization
When a vacancy occurs in a Marketing Organization due to the termination of a Join47inc business, the IR or IRs on the first level immediately below the terminated IR on the date of the termination will not be moved to the first level (“front line”) of the terminated IR’s sponsor in the genealogical structure of the marketing organization. The position occupied by the terminated IR shall remain permanently vacant. However, the terminated IR’s sponsor will become the Sponsor of all of the IRs in the first level immediately below the terminated IR.
-
- - Sale, Transfer or Assignment of Join47inc Business
Although a Join47inc business is a privately owned and independently operated business, the sale, transfer or assignment of a Join47inc business, and the sale, transfer, or assignment (collectively referred to herein as “transfer”) of an interest in a Business Entity that owns or operates a Join47inc business, is subject to certain limitations. If an IR wishes to transfer his or her Join47inc business, or transfer an interest in a Business Entity that owns or operates a Join47inc business, the following criteria must be met:
- The selling IR must offer Join47inc the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. Join47inc shall have fifteen days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
- The buyer or transferee must become a qualified Join47inc IR. If the buyer is an active Join47inc IR, he or she must first terminate his or her Join47inc business and wait six calendar months before acquiring any interest in a different Join47inc business.
- A transfer fee of $50.00 must accompany the transfer documents.
- The purchase agreement must contain a covenant by the selling IR for the benefit of the proposed purchaser not to compete with the purchaser or attempt to solicit any existing IRs or Customers from the Company’s business for a period of one (1) year from the date of the sale, transfer or assignment.
- Before the transfer can be finalized and approved by Join47inc, any debt obligations the selling party has with Join47inc must be satisfied.
- The transferring party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to transfer a Join47inc business.
Join47inc reserves the right, in its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer.
Prior to transferring an independent Join47inc business or Business Entity interest, the transferring IR must notify Join47inc’s Compliance Department in writing and advise of his or her intent to transfer his/her Join47inc business or Business Entity interest. The transferring IR must receive written approval from the Compliance Department before proceeding with the transfer. The decisions of Join47inc regarding a transfer shall be made in its sole and absolute discretion. No changes in line of sponsorship can result from the transfer of a Join47inc business. In the event that an IR transfers his or her Join47inc business without the express written approval of the Compliance Department, such transfer shall be voidable in the sole and absolute discretion of Join47inc.
-
- - Separation of a Join47inc Business
Join47inc IRs sometimes operate their Join47inc businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, limited liability company, partnership, trust or other 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.
During the divorce or 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 Join47inc business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Join47inc to deal directly and solely with the other spouse or non-relinquishing shareholder, member, partner, or trustee.
- The parties may continue to operate the Join47inc business jointly on a “business-as-usual” basis, whereupon all compensation paid by Join47inc 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 Join47inc split commission and bonus checks between divorcing spouses or members of dissolving entities. Join47inc will recognize only one downline organization and will issue only one commission check per Join47inc business per commission cycle. Commission checks shall always be issued to the same individual or entity.
If a former spouse has completely relinquished all rights in the original Join47inc 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 an IR. In either case, the former spouse or business affiliate shall have no rights to any IRs in their former organization or to any former Customer. They must develop the new business in the same manner as would any other new IR.
-
- - Sponsoring Online
When sponsoring a new IR through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the online application and agreement, Join47inc’s Policies and Procedures, and the Join47inc Compensation Plan. The sponsor may not fill out the online IR Application and Agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
-
- - Succession
Upon the death or incapacitation of an IR, 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, including but not limited to, letters of administration, letter testamentary and the Final Order of Probate. Accordingly, an IR should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a Join47inc business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased IR’s marketing organization provided the following qualifications are met. The successor(s) must:
- Execute an IR Agreement;
- Comply with terms and provisions of the Agreement;
- Meet all of the qualifications for the deceased IR’s status;
- The devisee must provide Join47inc 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. Join47inc will issue all bonus and commission checks and one 1099 to the business entity.
-
-
- - Transfer Upon Death of an IR
To effect a testamentary transfer of a Join47inc business, the executor of the estate must provide the following to Join47inc: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to Join47inc specifying to whom the business and income should be transferred.
-
-
- - Transfer Upon Incapacitation of an IR
To effectuate a transfer of a Join47inc business because of incapacity, the successor must provide the following to Join47inc: (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 Join47inc business; and (3) a completed IR Agreement executed by the trustee.
-
- - Telemarketing Techniques
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although Join47inc does not consider IRs to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, IRs must not engage in telemarketing in the operation of their Join47inc businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Join47inc product or service, or to recruit them for the Join47inc opportunity. “Cold calls" made to prospective customers or IRs that promote either Join47inc’s products or services or the Join47inc opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or IR (a "prospect") is permissible under the following situations:
- If the IR has an established business relationship with the prospect. An “established business relationship” is a relationship between an IR and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the IR, or a financial transaction between the prospect and the IR, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
- The prospect’s personal inquiry or application regarding a product or service offered by the IR, within the three (3) months immediately preceding the date of such a call.
- If the IR receives written and signed permission from the prospect authorizing the IR to call. The authorization must specify the telephone number(s) which the IR is authorized to call.
- 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.
- IRs shall not use automatic telephone dialing systems or software relative to the operation of their Join47inc businesses.
- IRs shall not place or initiate any outbound telephone call to any person who delivers any pre-recorded message (a "robocall") regarding or relating to the Join47inc products, services or opportunity.
-
- - Back Office Access
Join47inc makes online back offices available to its IRs. Back offices provide IRs access to confidential and proprietary information that may be used solely and exclusively to promote the development of an IR’s Join47inc business and to increase sales of Join47inc products. However, access to a back office is a privilege, and not a right. Join47inc reserves the right to deny IRs’ access to the back office at its sole discretion.
-
- - Unauthorized Communication
In the excitement and enthusiasm of working his or her Join47inc business, an IR may attempt to contact the Company’s vendors, suppliers, or advisors with questions or ideas. Any such communication without the Company’s prior written consent is strictly prohibited. Vendors, suppliers, and advisors are often not set up to handle a large volume of contacts. Equally important, we must respect their rights to privacy. Questions regarding any of these Entities may be directed to Field Support.
- 5 - RESPONSIBILITIES OF IRS
-
- - Change of Address, Telephone, and E-Mail Addresses
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the Join47inc’s files are current. Street addresses are required for shipping since UPS and FedEx cannot deliver to a post office box. IRs planning to change their e-mail address or move must send their new address and telephone numbers to Join47inc’s Corporate Offices to the attention of the IR Services Department. To guarantee proper delivery, two weeks advance notice must be provided to Join47inc on all changes. In the alternative, an IR’s whose contact information changes may amend their contact information through their IR Back Office.
-
- - Continuing Development Obligations
- - Ongoing Training
Any IR who sponsors another IR into Join47inc must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Join47inc business. IRs must have ongoing contact and communication with the IRs 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 IRs to Join47inc meetings, training sessions, and other functions. Upline IRs are also responsible to motivate and train new IRs in Join47inc product knowledge, effective sales techniques, the Join47inc Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline IRs must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of IR-produced sales aids and promotional materials).
IRs should monitor the IRs in their Downline Organizations to guard against downline IRs making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
-
-
- - Increased Training Responsibilities
As IRs progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Join47inc program. They will be called upon to share this knowledge with lesser experienced IRs within their organization.
-
-
- - Ongoing Sales Responsibilities
Regardless of their level of achievement, IRs have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
-
-
- - Reporting Policy Violations
IRs who are aware of a violation of these Policies and Procedures by another IR must submit a written report of the violation directly to the attention of Join47inc’s Compliance Department by mail or email at compliance@join47inc.com. Details of the incident in question such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report. Any incident reported to the Compliance Department must have supporting documentation such as images, screenshots, text messages, emails, etc.. Any incident reported without proper supporting documentation will not be reviewed.
-
- - Nondisparagement
Join47inc wants to provide its independent IRs with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms andcompliance@join47inc.com Department. Remember, to best serve you, we must hear from you! While Join47inc welcomes constructive input, negative comments and remarks made in the field by IRs about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other Join47inc IRs.
For this reason, and to set the proper example for their downline, during the term of this Agreement and at any time thereafter, IR agrees not make any false, derogatory, demeaning or disparaging statements (collectively “disparage”) or encourage or induce others to disparage Join47inc, other Join47inc IRs, the Compensation Plan or any of Join47inc’s past and present owners, officers, directors, employees or products (the “Company Parties”) including, but not limited to: (i) making any statements, or take any other actions whatsoever, to disparage, defame, demean, sully or compromise the goodwill, name, brand or reputation of the Company, its products, Marketing and Compensation Plan, Customers, IRs or any of its Join47inc Affiliates (as defined in Section 4.6.1) (collectively, the “Company Goodwill”) or (ii) committing any other action that could likely injure, hinder or interfere with the Business, business relationships or Company Goodwill of the Company, its IRs or its Customers.
For purposes of this Section 5.3, the term “disparage” includes, without limitation, comments or statements to the press, any media outlet, industry group, financial institution, the Join47inc’s IRs, employees or to any individual or entity with whom Join47inc has a business relationship (including, without limitation, any vendor, supplier, Customer, IR or independent contractor), social media posts, or any public statement, that in each case is intended to, or can be reasonably expected to, materially damage any of the Company Parties. Notwithstanding the foregoing, nothing in this Section 5.3 shall prevent an IR from making any truthful statement to the extent, but only to the extent: (1) necessary with respect to any litigation, arbitration or mediation involving this Agreement, including, but not limited to, the enforcement of this Agreement, in the forum in which such litigation, arbitration or mediation properly takes place; or (2) required by law, legal process or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with apparent jurisdiction over the IR.
-
- - Providing Documentation to Applicants
IRs must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become IRs before the applicant signs an IR Agreement, or ensure that they have online access to these materials.
- 6 - SALES REQUIREMENTS
-
- - Product Sales
The Join47inc Compensation Plan is based on the sale of Join47inc products and services to end consumers. IRs must fulfill personal and organizational 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.
-
- - No Territory Restrictions
There are no exclusive territories granted to anyone.
- 7 - BONUSES AND COMMISSIONS
-
- - Bonus and Commission Qualifications and Accrual
An IR must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an IR complies with the terms of the Agreement, Join47inc shall pay commissions to such IR in accordance with the Marketing and Compensation plan. The minimum amount for which Join47inc will issue a commission is Twenty Dollars. If an IR’s bonuses and commissions do not equal or exceed Twenty Dollars, the Company will accrue the commissions and bonuses until they total Twenty Dollars. Payment will be issued once Twenty Dollars has been accrued. Notwithstanding the foregoing, all commissions owed an IR, regardless of the amount accrued, will be paid at the end of each fiscal year or upon the termination of an IR’s business.
-
- - Adjustment to Bonuses and Commissions
- - Adjustments for Returned Products, Disputed Charges and Chargebacks
IRs receive bonuses, commissions, or overrides based on the actual sales of products and services to end consumers. When a product is returned to Join47inc for a refund or is repurchased by the Company, a purchaser disputes a charge for one or more product orders, or a purchaser initiates a chargeback through his or her bank or credit card issuer, any of the following may occur at the Company’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the IR and upline IRs who received bonuses, commissions, or overrides on the sales of the refunded product(s), in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered; (2) the IR or upline IRs who earned bonuses, commissions, or overrides based on the sale of the returned product(s) will have the corresponding points deducted from their Group Volume in the next month and all subsequent months until it is completely recovered; or (3) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) may be deducted from any refunds or credits to the IR who received the bonuses, commissions, or overrides on the sales of the refunded product(s). In the event that the Company is unable, within 3 months from the payment of any refund(s) by the Company or the debiting of any chargebacks, to recover all bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service(s) from the IR or upline IRs who received them, the Company shall be entitled to assert a claim against such IR(s) for payment.
-
-
- - Hard Copy Commission Checks
The Company pays commissions via direct deposit into IRs’ bank accounts or via direct payment onto a Company provided debit card. There is no charge for direct deposit. An IR may also request a hard-copy. The Company will deduct a $5.00 processing fee from each hard-copy commission check issued.
-
-
- - Tax Withholdings
If an IR fails to provide his or her correct tax identification number, Join47inc will deduct the necessary withholdings from the IR’s commission checks as required by law.
-
- - Reports
All information provided by Join47inc in 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, digital, 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 Join47inc 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, JOIN47INC AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY IR 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/OR 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 JOIN47INC 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, JOIN47INC 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 Join47inc’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 Join47inc’s online and telephone reporting services and your reliance upon the information.
- 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
-
- - Product Guarantee and Rescission
Join47inc offers a 100% thirty day money-back satisfaction guarantee (less shipping charges) to all Preferred and Direct Customers, retail customers, and IRs. Products shipped directly to a Preferred or Direct Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Products delivered to a retail customer by an IR must be returned to the selling IR, and it shall be the responsibility of the IR to issue the refund to his or her retail customer. Every IR is bound to honor the retail customer guarantee. If, for any reason, a retail customer is dissatisfied with any Join47inc product, the retail customer may return the unused portion of the product to the IR from whom it was purchased, within thirty (30) days, for a replacement, exchange or a full refund of the purchase price (less shipping costs). This product satisfaction guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable.
If an IR returns more than Five Hundred Dollars ($500) for a refund in any 12 consecutive month period, the request will constitute the IR’s voluntary termination of his/her IR Agreement, and the refund will be processed as an inventory repurchase pursuant to Section 8.3, and the IR’s Agreement will be terminated and his or her Join47inc business will be cancelled.
-
- - Rescission
- - Retail Customers
Federal and state law requires that a retail customer who makes a purchase of $25.00 or more has three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt. When an IR makes a sale or takes an order from a retail customer who cancels or requests a refund within the three business day period, the IR must promptly refund the customer's money as long as the products are returned to the IR in substantially as good condition as when received (five business days for Alaska residents).
-
-
- - Direct and Preferred Customers
IRs must notify their Direct and Preferred Customers that they have three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. IRs should also notify their Direct Customers and Preferred Customers about these time limits at the time they enroll as a Direct Customer or Preferred Customer and place their first order. Products shipped directly to a Preferred or Direct Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Direct and Preferred Customers may contact the Company for a “call tag” that will provide return shipping back to the Company at no cost to the Customer.
-
-
- - Informing Customers
IRs MUST verbally inform their customers (retail, Direct, and Preferred) of this right of rescission, they MUST provide their retail customers with TWO copies of a retail receipt at the time of the sale, and MUST point out this cancellation right stated on the receipt. If a Customer places an order online, the Company will provide the Customer with the receipt. IRs must ensure that the date of the order or purchase is entered on the Retail Sales Receipt. All retail customers must be provided with two copies of an official Join47inc Retail Sales Receipt at the time of the sale. The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.
-
- - Return of Inventory and Sales Aids by IRs Upon Termination
Upon termination of an IR’s Agreement, the IR may return Starter Kits, products, and sales aids that he or she personally purchased from Join47inc (purchases from other IRs or third parties are not subject to refund) that are in Resalable (see Definition of “Resalable” below) condition and which have been purchased within one year prior to the date of termination. Upon receipt of a Resalable Starter Kit and/or Resalable products and sales aids, the IR will be reimbursed 90% of the net cost of the original purchase price(s), less any amounts or compensation the IR received on account of the purchase of the returned products.. Neither shipping and handling charges incurred by an IR when the Starter Kit, products or sales aids were purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If an IR was paid a commission, rebate, or any other form of compensation based on a product(s) that he or she purchased, and such product(s) is/are subsequently returned for a refund, the commission, rebate, or any other form of compensation that was paid based on that product purchase will be deducted from the amount of the refund.
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) they are still in Join47inc’s current inventory; (5) the expiration date(s) for any returned products has not passed; and (6) they are returned to Join47inc within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable. Replicated Website fees are not refundable except as required by applicable state law.
-
-
- Montana Residents
A Montana resident may cancel his or her IR Agreement within 15 days from the date of enrollment, and may return his or her Starter Kit for a full refund within such time period.
-
- - Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
- All items must be returned by the IR or customer who purchased it directly from Join47inc.
- All items to be returned must have a Return Authorization Number which is obtained by calling the IR Services Department. This Return Authorization Number must be written on each carton returned.
- The return is accompanied by:
- The original packing slip with the completed (and signed Consumer Return information, if applicable);
- The unused portion of the item(s) in its/their original container.
- Proper shipping carton(s) and packing materials are to be used in packaging the items(s) being returned, and the best and most economical means of shipping is suggested. All returns must be shipped to Join47inc shipping pre-paid. Join47inc does not accept shipping-collect packages. The risk of loss in shipping for returned items shall be on the IR. If the returned items are not received by the Company’s Distribution Center, it is the responsibility of the IR to trace the shipment.
- If an IR is returning merchandise to Join47inc that was returned to him or her by a personal retail customer, the product must be received by Join47inc within ten (10) days from the date on which the retail customer returned the merchandise to the IR, and must be accompanied by the sales receipt the IR gave to the customer at the time of the sale.
No refund or replacement of any items will be made if the conditions of these rules are not met.
- 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
-
- - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an IR 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 IR’s Join47inc business), may result, at Join47inc's discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition;
- Requiring the IR 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;
- Join47inc may withhold from an IR all or part of the IR’s bonuses and commissions during the period that Join47inc is investigating any conduct allegedly violative of the Agreement. If an IR’s business is canceled for disciplinary reasons, the IR will not be entitled to recover any commissions withheld during the investigation period;
- Suspension of the individual’s IR Agreement for one or more pay periods;
- Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of an IR (which may subsequently be re-earned by the IR);
- Transfer or removal of some or all of an IR’s downline IRs from the offending IR’s downline organization.
- Involuntary termination of the offender’s IR Agreement;
- Suspension and/or termination of the offending IR’s Join47inc website or website access;
- Any other measure expressly allowed within any provision of the Agreement or which Join47inc deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IR’s policy violation or contractual breach;
- In situations deemed appropriate by Join47inc, the Company may institute legal proceedings for monetary and/or equitable relief.
-
- - Grievances and Complaints
When an IR has a grievance or complaint with another IR regarding any practice or conduct in relationship to their respective Join47inc businesses, the complaining IR 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 IR Services Department at the Company. The IR Services Department will review the facts and attempt to resolve it.
-
- - 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 mediation shall occur within 60 days from the date on which the mediator is appointed. 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 Villages, Florida, and shall last no more than two business days.
-
- - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The Parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS Endispute (“JAMS”) under their respective rules and procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’s Streamlined Arbitration Rules & Procedures will also be emailed to IRs upon request to Join47inc’s Compliance Department.
Notwithstanding the rules of the AAA or JAMS, the following shall apply to all Arbitration actions:
- The Federal Rules of Evidence shall apply in all cases;
- The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
- The Parties shall be allotted equal time to present their respective cases, including cross-examinations.
All arbitration proceedings shall be held in The Villages, Florida. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The parties shall be allotted equal time to present their respective cases. The decision of the arbitrator shall be final and binding on the parties and may if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:
- The substance of, or basis for, the controversy, dispute, or claim;
- The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
- The terms or amount of any arbitration award;
- The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect its intellectual property rights, to enforce its rights under the non-solicitation or confidentiality provisions of the Agreement, prevent the breach of any provision of this Agreement, and/or to compel specific performance of the Agreement.
-
- - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Sumter County, State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement.
-
-
- - Louisiana Residents
Notwithstanding the foregoing, and the arbitration provision in Section 9.4, residents of the State of Louisiana shall be entitled to bring an action against Join47inc in their home forum and pursuant to Louisiana law.
- 10 - PAYMENTS
-
- - Insufficient Credit
Join47inc is not obliged to contact you regarding orders that are canceled due to insufficient credit. IRs must be sure that their credit card has sufficient credit available to cover any orders they place.
-
- - Restrictions on Third Party Use of Credit Cards or Debit Cards
The use of a credit card or debit card belonging to a third party has the potential to violate state and federal banking laws and dramatically increase the risk of fraudulent transactions. Such fraudulent transactions have the potential to jeopardize Join47inc’s merchant accounts and banking relationships, and ultimately its ability to conduct business. For these reasons, an IR shall not permit other IRs or Customers to use his or her credit card or debit card, to enroll in or to make purchases from the Company. An IR shall not use the credit card or debit card of a third party to enroll in or to make purchases from the Company.
-
- - Sales Taxes
Join47inc is required to charge sales taxes on all purchases made by IRs and Customers, and remit the taxes charged to the respective states. Accordingly, Join47inc will collect and remit sales taxes on behalf of IRs, based on the suggested retail price of the products or the transaction price (if allowed by the state), according to applicable tax rates in the state or province to which the shipment is destined. If an IR has submitted, and Join47inc has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, 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 IR (unless the state in question does not accept a Sales Tax Exemption Certificate and Sales Tax Registration License from a direct selling independent contractor). Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by Join47inc is not retroactive.
- 11 - INACTIVITY, RECLASSIFICATION AND TERMINATION
-
- - Effect of Termination
So long as an IR remains active and complies with the terms of the IR Agreement and these Policies and Procedures, Join47inc shall pay commissions to such IR in accordance with the Compensation Plan. An IR’s bonuses and commissions constitute the entire consideration for the IR's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an IR’s non-renewal of his or her IR Agreement, termination for inactivity, or voluntary or involuntary termination of his or her IR Agreement (all of these methods are collectively referred to as “termination”), the former IR 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. An IR whose business is cancelled will lose all rights as an IR. This includes the right to sell Join47inc products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the IR’s former downline sales organization. In the event of termination, IRs 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 an IR’s termination of his or her IR Agreement, the former IR shall not hold himself or herself out as a Join47inc IR and shall not have the right to sell Join47inc products or services. An IR whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination).
If your IR Agreement is terminated for any reason, you must remove references to Join47inc (including but not limited to, its name, products, services and income opportunity) from any social media account(s), profile(s) (if any) used by you within ten (10) days of the date of the termination of your IR Agreement.
-
- - Termination Due to Inactivity
- - Failure to Meet PV Quota
If an IR fails to personally generate at least 100 BV for 12 consecutive months, his or her IR Agreement shall be canceled for inactivity.
-
-
- - Failure to Earn Commissions
If an IR has not earned a commission for six (6) consecutive months (and thus become “inactive”), his or her IR Agreement shall be canceled for inactivity.
-
-
- - Reclassification Following Termination Due to Inactivity
If an IR is cancelled for inactivity, his or her IR Agreement will be terminated. If he or she is on the Company’s autoship program, he or she will be a Preferred Customer and the autoship agreement shall remain in force.
-
- - Involuntary Termination
An IR’s violation of any of the terms of the Agreement, including any amendments that may be made by Join47inc in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of his or her IR Agreement. Termination shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the IR’s last known address, email address, or fax number, or to his/her attorney, or when the IR receives actual notice of termination, whichever occurs first.
Join47inc reserves the right to terminate all IR Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
-
- - Voluntary Termination
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the IR’s signature, printed name, address, and IR I.D. Number. In addition to written termination, IRs who have consented to Electronic Contracting will cancel their IR Agreement should they withdraw their consent to contract electronically. If an IR is also on the Autoship program, the IR’s Autoship order shall continue unless the IR also specifically requests that his or her Autoship Agreement also be canceled.
-
- - Non-renewal
An IR may also voluntarily cancel his or her IR Agreement by failing to renew the Agreement on its anniversary date or by failing to pay his/her annual renewal fee. The Company may also elect not to renew an IR's Agreement upon its anniversary date.
-
- - Exceptions to Activity Requirements
- - Maternity
A pregnant IR shall be exempt from meeting her Personal Volume and Group Volume requirements for a period of four (4) months prior to and four (4) months following the birth of a child. The IR should notify the IR Services Department to request a Maternity Waiver Form.
-
-
- - Military Deployment
Military personnel shall be exempt from meeting their Personal Volume and Group Volume requirements for the duration of the deployment and three (3) full calendar months thereafter while deployed into a foreign country. The IR should notify the IR Services Department to request a Deployment Waiver Form.
- 12 - DEFINITIONS
Active Customer — A Preferred or Direct Customer who purchases Join47inc products or services during a particular month.
Active IR — An IR who satisfies the minimum Personal Sales Volume requirements, as set forth in the Join47inc 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 an IR, as determined by the Join47inc Compensation Plan, for a particular pay period. To be considered “active” relative to a particular rank, an IR must meet the criteria set forth in the Join47inc Compensation Plan for his or her respective rank. (See the definition of “Rank” below.)
Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.
Agreement - The contract between the Company and each IR includes the IR Application and Agreement Terms and Conditions, the Join47inc Policies and Procedures, the Join47inc Compensation Plan, and the Business Entity Registration Form (where appropriate), all in their current form and as amended by Join47inc in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel — The termination of an IR’s business. Termination may be either voluntary, involuntary, through non-renewal or inactivity.
Downline — Your downline (or downline organization) consists of the IRs you personally enroll or sponsor (your first level IRs), the IRs that first level IRs enroll or sponsor, as well as the IRs that are subsequently enrolled or sponsored beneath them.
Downline Leg — Each one of the individuals personally enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
Group Volume — The commissionable value of services and products purchased by the Customers and IRs in the downline of a particular IR.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.
Level — The layers of downline Customers and IRs in a particular IR’s downline. This term refers to the relationship of an IR relative to a particular upline IR, determined by the number of IRs between them who are related by sponsorship. For example, if A enrolls B, who enrolls C, who enrolls D, who enrolls E, then E is on A’s fourth level.
Official Join47inc Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by Join47inc to IRs.
Personal Volume — The commissionable value of products purchased by: (1) an IR; (2) the IR’s personally-enrolled Preferred Customers; and (3) the IR’s personal Retail Customers who purchase from the IR’s Join47inc replicated website.
Rank — The “title” that an IR holds pursuant to the Join47inc Compensation Plan. “Title Rank” refers to the highest rank an IR has achieved in the Join47inc compensation plan at any time. “Paid As” rank refers to the rank at which an IR is qualified to earn commissions and bonuses during the current pay period.
Recruit — For purposes of Join47inc’s Conflict of Interest Policy (Section 4.11), 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 Join47inc IR or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
Replicated Website — A website provided by Join47inc to IRs which utilizes website templates developed by Join47inc.
Resalable — Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: (1) they are unopened and unused; (2) their 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; and (4) they are returned to Join47inc within one year from the date of purchase. 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 who purchases Join47inc products from or through an IR but who is neither a participant in the Join47inc compensation plan nor a Preferred or Direct Customer.
Retail Sales — Sales to a Retail Customer.
Social Media — Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, Instagram, Twitter, LinkedIn, TikTok, Pinterest, and YouTube.
Sponsor — An IR who enrolls a Customer or another IR into the Company, and is listed as the Sponsor on the IR Application and Agreement. The act of enrolling others and training them to become IRs is called “sponsoring.”
Sponsoring — The act of introducing a prospective IR to Join47inc and assisting him or her to execute an IR Application and Agreement and thereby become a Join47inc IR. (Also see the definition of “Sponsor.”) These activities are called “sponsoring.”
Upline — This term refers to the IR or IRs above a particular IR in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular IR to the Company.
[A1]Please provide examples. Getting logo.
[A2]Please provide examples if you have them. If you do not have any examples, I will delete this heading. Creating a logo for IR