The Menz Club LLC
Terms and Conditions of Membership
Policies and Procedures
The following are the Terms and Conditions for Members of The Menz Club, LLC (the “Program”) and are incorporated by reference into the Member’s Agreement which Members (as defined below) enter into with the Company (the “Member’s Agreement”).
These Terms and Conditions are established to clarify and define the rights and responsibilities of The Menz Club LLC, a Mississippi Limited Liability Company (the “Company”), and its independent contractors (each, a “Member”, and collectively, the “Members”). They are provided as guidelines for both the Member and the Company to interact in the most effective manner. Since these materials can change from time to time, it is the responsibility of the Member to keep current regarding such changes by checking for updates on www.themenzclub.net, and when sponsoring a new Member, to make the latest updated materials available to the potential Member so that he/she may review the most current documents and information.
Advancement
All advancement to a higher position is given upon reaching qualification.
Advertisement; No Changes to Company Materials
In order to maintain the integrity and accuracy of the Company image, stringent requirements and guidelines governing advertising and promotion by Member must be followed. Members are prohibited from using any type of advertising using the Company’s intellectual property (e.g., the Company’s name, trademarks, logos or products) without the Company’s prior written approval. Any prospective ads or scripts must also be submitted to the Company for prior written approval. Further, the Member must obtain the Company’s prior written approval in order to use any advertising on the Internet using the Company’s intellectual property (e.g., the Company’s name, trademarks, logos or products). Misuse of the Company’s intellectual property (e.g., the Company’s name, trademarks, logos or products) and its affiliated products and/or services diminishes the goodwill of the Company and affects all Members. All requests for approval of advertising, marketing and/or other materials using Company intellectual property must be submitted to the Compliance Department at: The Menz Club, LLC, Compliance Department, 717 Rice Road, Ste H Ridgeland MS 39157.
Member has no authority to change, omit, add to, waive, discharge or alter in any way any provisions of publications or agreements issued by the Company. Member may not publish, distribute telemarket or circulate advertisements on behalf of the Company or Member in connection with the Company’s products. Any and all advertisements must either be official Company promotion materials, or have been approved in advance in writing by the Company.
Notwithstanding anything to the contrary contained herein, the Member may use the Company name or logo in directory listings and on business cards or letterhead without Company consent or approval so long as there also appears prominently thereon the words “Independent Member”, provided that the Company reserves the right to require the Member to cease using the Company name or logo in the Company’s sole and absolute discretion.
Age and Identification Requirement
To be eligible to be a Member: (a) if Member is an individual, then such Member must be at least eighteen (18) years of age ; (b) if such Member is a legal entity, each equity owner of such Member is at least eighteen (18) years of age; and (c) Member must have valid Social Security Number or Federal Employer Identification Number.
Agreement
The agreement between each Member and the Company collectively consists of: (a) the Member’s Independent Contractor Application & Agreement (the “Member’s Application”); (b) the Member’s Agreement; (c) these Terms & Conditions, as may be amended and/or restated by the Company in its sole and absolute discretion from time to time; and (d) the Company’s Compensation Plan and bonus programs, as posted on www.themenzclub.net and as may be amended and/or restated by the Company in its sole and absolute discretion from time to time (the “Compensation and Commission Plans”, and together with clauses (a) through (c) and such other agreements as the Company may enter into with Member from time to time, collectively, the “Agreement”).
Amendments
Since federal, state and local laws may periodically change as well as business practices, in order to maintain a current and viable business, the Company specifically reserves the right to amend, revise, institute, alter, cancel, modify and/or otherwise make changes to the Agreement and any and all other materials distributed by the Company without Member’s consent. The Company and Member acknowledge and agree that such revisions shall become effective immediately upon the Company posting such revised versions on www.themenzclub.net or immediately upon the Company’s delivery of notice of such change to Member, and Member hereby agrees to be bound by any such changes. For greater clarity, and without limiting the foregoing, these Terms & Conditions and the Compensation and Commission Plans in effect from time to time shall be effective and binding between the Member and the Company immediately upon the Company posting such revised versions on www.themenzclub.net. Each Member is solely responsible for checking www.themenzclub.net to stay abreast of the latest versions of these Terms & Conditions and the Compensation and Commission Plans and the other provisions of the Agreement. The Company has no duty to notify Member of any changes to the Agreement or any other materials that it distributes other than posting the current versions of such documents and information on www.themenzclub.net.
Authorized Promotional Materials
Only those materials which have been made available directly by the Company are allowed for promotional purposes. The Company will produce and offer the materials reasonably necessary, in the Company’s sole and absolute discretion, to assist Member in building his/her/its business. No personalization or modification of any of these Company materials is allowed in any form. Members may not develop, publish, sell or distribute any promotional materials they create. This prohibition applies also to sales aids and brochures promoting a specific downline or organization. The Company welcomes Member input to promotional ideas for future Company publication.
Auto-Ship
An auto ship feature has been established for your convenience. Reoccurring auto ship orders must be scheduled between the first (1st) and twenty-fifth (25th) of each month. Manual orders may be placed on any given day of any given month. All manual orders placed on the last day of any given month must be placed before 12AM ET, (9PM PT) to qualify for that month. Any changes to auto ships must be submitted forty-eight (48) hours prior to your auto ship dat
Bonus Payments
The Company pays Member compensation for the sale of product only after the Company has received good funds (in U.S. Dollars) for the total amount due to the Company.
The Company may offset against any compensation due to Member for any debts due from Member to the Company. These debts can arise from cancellations or refunds in his/her/its downline organization. These may include, without limitation, underpayment, postage due, shipping and handling charges, returned check, credit card or debit card charge-backs, NSF charges and debits accrued from refunds or returned products on which upline compensation has been paid.
Change of Address
Member requiring a change in his/her record (address, telephone number, etc.) must make correction in his/her Personal Home Office, excluding Name, DOB, SS# or EIN.
Claims – Income
Member may not make any claims as to income potential either written or oral except those prepared by the Company for illustration purposes only in official Company promotional media. Income projections, including those based solely on mathematical projections without regard to probable sales success, MAY NOT be made to prospects except those shown in official Company promotional media.
The Company believes that the income possibilities are substantial enough without having to exaggerate or misrepresent the potential. The Company will not tolerate false income projections made to either a customer or prospective Member. It is unlawful to make false or misleading representations as to income and/or potential income.
It is unlawful to show your own or someone else’s checks or payment records as a means of recruiting.
Member is not guaranteed a specific income, and any income which Member receives pursuant to the Agreement is derived solely from the sale of Company products to the end consumer, building a sales organization and training that organization to sell, Sponsor and train.
Claims – Products
Member will not make any claims of any kind (which can include personal testimonies) pertaining to the Company’s products except those given in official Company promotional materials. Members are expressly forbidden to imply that additional products or services will be added or that enhancements to the Compensation and Commission Plans are forthcoming.
Member must not state or imply that the Company approves or endorses any privately-produced motivational literature or training materials used within his/her/its own organization.
Member may not make any claims of any kind pertaining to benefits of the Company’s products except those given in official Company promotional media. Member may not represent or imply, directly or indirectly, that the Company’s products have health, nutritional and/or weight-loss benefits except to the limited extent as may be expressly set forth in official Company promotional media. When presenting the Program to others, Member shall present the Program in its entirety, without omission, distortion or misrepresentation.
Member may not represent or imply, directly or indirectly, that the Program or the Company’s products have been approved or endorsed by any governmental agency, including, without limitation, the Food and Drug Administration. Federal and State regulatory agencies do not approve or endorse any marketing company, product or programs
Commission Issues
Any commission error generated by the Company’s computerized systems (e.g., “I did not receive my check”) must be communicated and addressed in writing to Company Customer Service no later than sixty (60) calendar days after the date of product purchase or such claims are irrevocably and permanently waived by Member. It is the responsibility of the Member to supply all essential supporting documentation.
Any questions or disputes about compensation (i.e., bonus/commission) calculations or checks (e.g., “I did not receive the amount I believe I am owed”) must be raised with the Company Customer Service Department within one (1) calendar month after the payment date or such claims are irrevocably and permanently waived by Member. All disputes must be submitted to the Company’s Customer Service Department in writing. It is the responsibility of the Member to supply all essential supporting documentation.
In the event the Agreement is terminated for any reason (whether by the Company or the Member), the Company will pay Member for all amounts that Member has earned through the date of termination of the Agreement less offsets against amounts that Member owes to the Company, which amounts shall be due and payable to Member as and when they would normally become due and payable if the Agreement were not terminated.
Commitment
In order to properly promote Company products, services and the Compensation Plan, as well as to achieve the maximum potential for success, Member agrees to:
- Become well acquainted with all Company products, materials, including, without limitation, the Member’s Agreement, Compensation and Commission Plans and Terms & Conditions.
- Attend training provided by the Company or upline Associates
- Sell products at retail.
- Know and comply with all applicable federal, state and local laws and requirements.
- Make no claims or guarantees concerning products or the amount of money to be made other than those contained in official Company promotional media.
- Take responsibility for the training and education of those Members in their immediate sales organizations, whether personally Sponsored or not.
- Dress appropriately (as well as explain to your guests) when attending business presentations to further enhance the Company’s and your professional public image.
- Ensure that all paperwork submitted to the Company is complete and accurate in accordance with the processing instructions and that paperwork is accompanied by full and complete payment.
Communication Channels
As a Sponsor, it is the responsibility of each Associate to answer all questions within their capacity asked by their downline. In the event the question cannot be answered, the questions should be directed to the next upline Associate.
Contact the Company only after the chain of Sponsorship has been followed. This system has been established to allow for efficient networking operations.
Company
The Company markets its products and services through independent contractors, called Members. Each Member helps the Company by purchasing and then selling products to their personal customers. Members also Sponsor other Members.
Compliance
A Member will not be eligible for any compensation, nor will he/she/it be allowed to Sponsor another Member until a signed Member Agreement has been received (electronic signature via the Company’s website, if offered, is acceptable) and approved by the Company and such Member abides by the provisions of the Agreement.
The Program is built upon sales of products to the end consumer. The Company recognizes that its Members may wish to also purchase products, in addition to monthly Auto-ship, for personal and family use and gives commission for such purchases. However, the Company expressly prohibits purchases of products solely for qualification in the Company’s.
Confidential Information
The Company may, in its sole and absolute discretion, provide Members with information developed, compiled, maintained and/or otherwise acquired by the Company (including, without limitation, information concerning the Associate’s downline organization) (“Confidential Information”). Such Confidential Information constitutes commercially advantageous, unique and proprietary trade secrets of the Company, which it keeps as proprietary and confidential. During the term of the Agreement between Member and the Company, the Company grants to Member a personal, non-exclusive, non-transferable and revocable right to use such Confidential Information to facilitate Member’s business as contemplated under the Agreement. Member acknowledges the substantial value of the Confidential Information to the Company and agrees to maintain all Confidential Information in strictest confidence and to use it only as authorized by the Company and as provided in the Agreement. Member will not disclose such information to any third party directly or indirectly, nor use the information to compete with the Company directly or indirectly. Member will only use the Confidential Information for the operation of the Member’s business pursuant to the Agreement. Upon the termination of the Agreement, Member shall promptly return any and all Confidential Information (and any and all copies thereof) to the Company. Further, Member shall permanently destroy any electronic copies of any such Confidential Information and, upon the Company’s request, will certify to the Company that such destruction is complete. The foregoing will survive the termination of the Agreement. The Company would not provide the above Confidential Information to the Member but for Member’s agreement to this provision.
Copyright
US Copyright law protects the Company’s materials. All rights are reserved, including the right to alter, revise and reprint these materials in whole or in part.
Reproduction in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system is not permitted now or in the future without the Company’s prior written consent.
Because of the copyright (and the technical information required to market the Company opportunity), no one shall have the right to reproduce for personal use or for sale any marketing materials, literature, logos, recorded Company events, speeches, flyers, websites, forms, videos, brochures or other aids relevant to the Company without the Company’s prior written consent.
Credit Card Charge-Backs
The Company may, in its sole and absolute discretion, immediately terminate Members responsible for credit card charge-backs. All commissions will be reversed from Member and entire upline as a result of credit card charge-backs.
Disclaimer
INCOME EXAMPLES, AS EXPRESSED, ARE STRICTLY MEANT TO ILLUSTRATE HOW COMMISSIONS ARE EARNED IN THE COMPENSATION PLANS. EXAMPLES ARE NOT MEANT AS INCOME PROJECTIONS, NOR ARE THEY INDICATIVE OF A MEMBER’S EXISTING OR FUTURE INCOME. INCOME EXAMPLES CONSTITUTE FORWARD LOOKING STATEMENTS. ALL SUCH FORWARD LOOKING STATEMENTS ARE FOR EXAMPLE PURPOSES ONLY AND INVOLVE RISKS AND UNCERTAINTIES. THERE CAN BE NO ASSURANCE THAT THE FORWARD-LOOKING STATEMENTS WILL PROVE TO BE ACCURATE. IN LIGHT OF THE SIGNIFICANT UNCERTAINTIES INHERENT IN THE FORWARD LOOKING STATEMENTS INCLUDED IN INCOME EXAMPLES FROM TIME TO TIME, THE INCLUSION OF SUCH INFORMATION SHOULD NOT BE REGARDED AS A REPRESENTATION OR WARRANTY BY THE COMPANY OR ANY OTHER PERSON OR ENTITY THAT THE INCOME EXAMPLES WILL BE ACHIEVED IN ANY SPECIFIED TIME FRAME, IF AT ALL.
Discontinued Items
Discontinued items and items that are back-ordered will be listed at www.themenzclub.net or Personal Home Office.
Commissions
Downline commissions, retail commissions and retail sales pool commissions are paid on the tenth (10th) calendar day of each month (or the next business day thereafter if such date is not a business day) for the previous calendar month’s total downline/retail/retail sales pool volume. Commissions are paid by printed check, and it will be issued and mailed out on the tenth (10th) calendar day of each month (or the next business day thereafter if such date is not a business day) via the U.S. Postal Service. You must have sponsored three (3) active Members at month’s end to be downline commission qualified and to share in the retail sales pool. You do not have to have three active members sponsored to receive retail commissions from members individual retail accounts or retail orders placed.
End of Month
The end of the month for enrollment, compensation or anything else pertaining to the Program will be the last calendar day of any given month at 12:00am CST
Ethics
The Company conducts business in an ethical and credible manner and expects its Members to act in the same fashion when dealing with their customers, each other, Members in other Network Marketing companies or the Company. Member may promote his/her/its business in any legal and ethical manner otherwise in compliance with the Agreement. The Company reserves the right to intercede to correct unethical activity on the part of any Member regardless of rank and to take such remedial action as the Company determines in its sole and absolute discretion, including, without limitation, termination of the Agreement.
Executive
An Executive is an Associate who has personally enrolled three (3) Associates who each generate product sales of at least Sixty Dollars ($60.00 USD) a month by personal purchase through autoship. Executives who personally purchase product may personally consume and/or retail it. Executives are encouraged to promote The Menz Club product in the marketplace through retail sales. Executives are paid the applicable percentage set forth in the Company compensation plan of total sales volume for orders placed through their replicated webpages by retail customers and are eligible to receive product volume bonuses when offered. Executives are also paid matrix commissions in accordance with the Company’s matrix compensation plan. Specifically, Executives are paid the applicable percentage set forth in the Company matrix compensation plan of (1) total sales volume for each active, personally enrolled Associate and that personally enrolled Associate’s downline each month and (2) total sales volume generated by Associates in their downline that overlap in their community matrix. Monthly downline commissions are paid on the tenth (10th) calendar day of each month (or the next business day if the tenth is not a business day) for the previous month’s downline product sales volume. An Executive must generate at least $60.00 in autoship sales volume each month AND sponsor three personally enrolled, active Associates in order to maintain their status as an Executive and receive matrix commissions. Active Associates are those who generate at least $60.00 in autoship sales volume a month. An Executive who does not maintain three personally enrolled, active Associates will be made an Associate and can re-qualify for Executive status once they have sponsored three active Associates. If an Executive does not meet the $60.00 autoship volume minimum in a given month, the Executive will be made an Associate and will not qualify for matrix commissions that month. If an Executive fails to generate monthly product sales of at least $60.00 for two (2) consecutive months, and has failed to generate at least $360.00 in autoship product sales in the six months prior to being considered for removal, the Executive will be made a Member and will lose their position in the Company’s matrix compensation plan. An Executive who loses their Executive status in this manner can re-qualify for Associate status at any time by generating the $60.00 autoship product minimum in a given month and can re-qualify for Executive status as long as they meet the $60.00 product volume minimum and have three personally enrolled, active Associates. Upon requalification, the Associate/Executive will be placed under their original Sponsor in the nearest available position if their previous position in the Company’s matrix compensation plan is no longer available.
