Territories
The Company does not offer exclusive territorial rights to any members. Members may not represent that exclusive territories are available under the Company marketing program.
Testimonial Release
In consideration of its possible use of your appearance, statements and/or materials supplied by you in written, spoken or visual form, the Company will have the right:
- To edit, broadcast and/or to print said material and the right to license others to use these rights.
- To use your name, likeness, voice, biographical information and the material supplied by you for proposed advertising, publicity and sales promotion.
Training
An Associate who recruits other Members as part of their sales organization is required to ensure that the new Member is properly trained.
Transfer of a Membership
The Company discourages the sale of Memberships and the transfer of partial interests in Memberships.
If a Member wishes to sell, transfer, assign, encumber or otherwise dispose of all or any portion of his/her/its Membership, the Member must first obtain the Company’s prior written approval to such sale, assignment, encumbrance or disposition, which the Company may grant, withhold, condition or delay as the Company may determine in its sole and absolute discretion. Prior to granting its approval, the Company must receive a fully completed and signed Member Application and Member Agreement (or a Member Business Transfer Form) from the proposed new owner. The proposed new owner must be able to fully function in a manner that enables them to conduct the Company business in accordance with the Agreement. If the Company does not approve the proposed new owner, the Member may not transfer the Member’s organization to such proposed new owner and any such transfer will be null and void and will not be recognized by the Company). Upon the consummation of any sale, transfer, assignment, encumbrance or other disposition that is approved by the Company as described above, the transferring Member shall not be entitled to any further compensation with respect to his/her/its sales, downline organization or position in the Company Compensation Plan other than compensation that became due and payable prior to the effective date of the transfer, and all compensation arising out of such downline organization and position in the Company Compensation Plan from and after the effective date of the transfer shall be paid to the approved new owner. A Member who sold, transferred, assigned, encumbered or otherwise disposed of his/her/its Membership in compliance with these Terms & Conditions may not reapply to become a Member under another Sponsor until six (6) months have passed after such sale, transfer, assignment, encumbrance or disposition occurs, and the Company reserves the right to accept or reject such former Member’s Application and Member Agreement in the Company’s sole and absolute discretion.
In addition to the foregoing, a transfer of a Membership may result from the death or divorce of a Member, from a court order or from such other reasons as may arise from time to time. In these cases, certified documentation in the form of a court documents, Death Certificate or divorce decree, etc. must be provided before the Company will consent to the transfer. Delays in the probate process upon the death of a Member can result in the loss of compensation and/or position in the Company Compensation Plan (See the policy entitled “Inheritance”).
The Company may require notarized documents before implementing any change in ownership of a Membership. Changes in ownership of a Membership, if approved, normally take about thirty (30) days for processing after the receipt of the request.
The Company’s use of your appearance, statements and/or material as described above will not violate the rights of any person or organization and will not incur any liability for payment to any person or entity. Said statements will be honest and truthful.
Unethical Activity
The Company will not tolerate activity that it considers unethical or unprofessional and reserves the right to intercede when it deems such behavior is evident and to take such remedial action as the Company determines in its sole and absolute discretion, including, without limitation, termination of the perpetrating Member’s Agreement with the Company.
The Company reserves the right to use its sole judgment in deciding whether certain Member’s activities are inappropriate. Examples of inappropriate activities include, without limitation:
- Promoting or selling other companies’ products at any Company functions or use of the Company’s forms, printed materials, promotional media or the Company’s name, trademark, logos, prestige or drawing power in conjunction with or in support of any other activities.
- Using the Company genealogy reports for other than the Member’s performance of services pursuant to this Agreement.
- Sponsoring or attempting to Sponsor or approaching another Member into another Direct Sales, Multi-Level Marketing and/or Network Marketing Company except for her/his personally Sponsored Members.
- Participating in any action that causes another Member to be Sponsored/recruited through someone else into another company.
- Making claims in violation of the Agreement (including, without limitation, these Terms & Conditions).
- Making false income projections.
- Writing bad checks and credit card charge-backs to the Company and/or other Members.
- Any conduct that discredits the Company, its products, its Members or violates the law.
- SPAM.
- Inappropriate use of the Internet.
- Violation of any other provision of the Agreement (including, without limitation, these Terms & Conditions).
Members are free to participate in other multilevel or network marketing business ventures. However, the Company has strong relationships with its Members, customers and business partners, and is using various marketing efforts to develop valuable relationships and goodwill with these Members, customers and business partners and others, all of which has been and is being accomplished through the expenditure of extensive time, effort and resources and which it wishes to maintain. In light of the foregoing, Member agrees that during the term of the Agreement, Members may not recruit other Company Members or customers for any other network marketing business. In addition, in light of the foregoing, for a period of six months after the cancellation of the Agreement for any reason, a former Member may not recruit any Company Member or customer for another network marketing business if that Member or customer was in the former Member’s downline, or the former Member met, developed a relationship with, or gained knowledge of the Member or customer by virtue of their mutual participation in the Company.
Secondly, in light of the foregoing, Members are prohibited from recruiting other current Company Members into their downline that are not already positioned in their current downline.
The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or through a third party, another Company Member or customer to enroll or participate in another matrix position multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the Member’s actions are in response to an inquiry made by another Member or customer.
The Company prohibits a single individual, either directly or through ownership of a business entity, from acquiring multiple positions in the Company matrix in excess of one position associated with a social security number and one position associated with a Federal Employer Identification Number (“EIN”), unless such individual can substantiate a request for additional positions with proof of sales to individuals or entities who are not The Menz Club Executives, Associates, or Members.
Use of Company Name, Logo
The Member may use the Company name or logo in directory listings and on business cards or letterhead, provided there also prominently appear thereon the words “Independent Member.” No other use of the Company name or logo is permitted without prior written consent of the Company. 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.
The Company’s name may NOT be used with the name of ANY OTHER COMPANY OR BUSINESS in any advertisement, business card, letterhead, etc.
Violations of Agreement
Member understands that any violation of these Terms & Conditions jeopardizes the integrity and standing of all Members.
Violations or infractions of any part of the Agreement (including, without limitation, these Policies and Procedures or the Compensation and Commission Plans) should be reported in writing immediately to the Company indicating all the pertinent facts (date, time, place, names of all persons involved, etc.). After receiving a signed complaint, the Company will assign a person or persons to investigate the matter and take appropriate action, including termination of the Member’s Agreement, if necessary.
The Company will not tolerate activity that is unethical. Even though the line between aggressive marketing efforts and unethical behavior can be vague, the Company reserves the right to intercede when unethical behavior is evident, to determine whether an unethical practice has been committed and to determine the appropriate remedial action to be taken.
Conclusion
The Company trusts that with these Terms & Conditions, the Member will act in the best interest of all. That the Member will conduct his/her/its business in a manner that reflects the highest standards of honesty, integrity and responsibility toward the Company, customers, other Members, the Network Marketing industry and the public, observing the spirit as well as the letter of the law and the Agreement.
