Terms & Conditions ver.2

AFFILIATE AGREEMENT

POLICY & PROCEDURES

XtreamFX Global LLC - - November 17, 2021

TABLE OF CONTENTS

SECTION 1.0 - INTRODUCTION

• 1.1 Mutual Commitment Statement

• 1.2 Code of Ethics

• 1.3 XTREAMFX Policies & Procedures and Compensation
  Plan Incorporated into the Affiliate Agreement

• 1.4 Purpose of the Policies & Procedures

• 1.5 Changes, Amendments & Modifications

SECTION 2.0 - BASIC PRINCIPLES

• 2.1 Becoming An Affiliate

• 2.2 New Affiliate Registration

SECTION 3.0 - XTREAMFX'S Affiliate RESPONSIBILITIES

• 3.1 Correct Address

• 3.2 Training and Leadership

• 3.3 Sponsorship

• 3.4 Unethical Sponsoring

• 3.5 Cross Sponsoring Prohibited

• 3.6 Solicitation for other Companies or Services

SECTION 4.0 - AGREEMENT & GENERAL UNDERSTANDINGS

• 4.1 Rights Granted

• 4.2 Renewals and Expiration of the XTREAMFX Agreement

• 4.3 Effect of Cancellation

• 4.4 Modification of the Affiliate Agreement

• 4.5 Unauthorized Transfer & Re-Enrollment

• 4.6 Change of Sponsor or Placement of Active Affiliates

• 4.7 Change of Organizations

• 4.8 Placement Lounge

• 4.9 Voluntary Termination

• 4.10 Involuntary Termination

SECTION 5.0 - BUSINESS ENTITIES

• 5.1 Definition

• 5.2 Independent Business Relationship (Indemnification for Actions)

• 5.3 Insurance

SECTION 6.0 - POLICY VIOLATIONS

• 6.1 Reporting Policy Violations

• 6.2 Adherence to the XTREAMFXCompensation Plan

• 6.3 Adherence to all Laws, Regulations & Ordinances

• 6.4 Compliance with all Applicable Income Tax Laws

• 6.5 One XTREAMFX Business Per Affiliate

• 6.6 Actions of Household Members or Affiliated Parties

• 6.7 Identification Numbers and Pay-Out

• 6.8 Sell, Assign or Delegate Ownership

• 6.9 Separating a XTREAMFX Business

• 6.10 Succession

SECTION 7.0 - DISCIPLINARY ACTIONS

• 7.1 Imposition of Disciplinary Action (Purpose)

• 7.2 Consequences & Remedy of Breach

• 7.3 Suspension Procedures

SECTION 8.0 - DISPUTE RESOLUTION

• 8.1 Grievances

• 8.2 Mediation

• 8.3 Termination of Mediation

• 8.4 Severability

• 8.5 Waiver

• 8.6 Governing Law

SECTION 9.0 - PAYMENT OF COMMISSIONS & BONUSES

• 9.1 Bonus and Commissions Qualifications

• 9.2 Computation of Commissions and Discrepancies

• 9.3 Adjustments to Bonuses and Commission for Returned Services

SECTION 10.0 - ORDERING PRODUCT

• 10.1 General Product Ordering Policies

• 10.2 Sale to Customers

• 10.3 Insufficient Funds

• 10.4 Credit Card Purchases

• 10.5 Sales Tax Obligation

• 10.6 Refund Policy

• 10.7 Return Process

SECTION 11.0 - XTREAMFX OPPORTUNITY

• 11.1 Presentation of Compensation Plan - Income Claims

• 11.2 Trading Policies

• 11.3

SECTION 12.0 - PROPRIETARY INFORMATION & TRADE SECRETS

• 12.1 Business Reports, Lists, and Proprietary Information

• 12.2 Obligation of Confidentiality

• 12.3 Breach and Return of Materials

• 12.4 Return of Materials

SECTION 13.0 - PRIVACY POLICY

• 13.1 Introduction

• 13.2 Expectation of Privacy

• 13.3 Employee Access to Information

• 13.4 Restrictions on the Disclosure of Account Information

SECTION 14.0 - ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS

• 14.1 General Product Ordering Policies

• 14.2 Use of Company Names and Protected Materials

• 14.3 Faxes and EMail - Limitations

• 14.4 Internet and Third-Party Website Restrictions

• 14.5 Advertising and Promotional Materials

• 14.6 Testimonial Permission

• 14.7 Telemarketing - Limitations

SECTION 15.0 - INTERNATIONAL MARKETING

• 15.1 International Marketing Policy

SECTION 16.0 - GLOSSARY OF TERMS

STATEMENT OF POLICIES & PROCEDURES

• 1.1 INTRODUCTION

• 1.2 Mutual Commitment Statement

  • XtreamFX Global LLC (hereinafter referred to as "XtreamFX Global Academy ™" or "XTREAMFX") recognizes that in order to develop a long-term and mutually rewarding relationship with its Compensation Plan participants (hereinafter referred to as "Independent Business Owner(s)" or "Affiliates") must acknowledge and respect the true nature of the relationship and support the "Customers".In the spirit of mutual respect and understanding, XTREAMFX is committed to:

    1. • Provide prompt, professional and courteous personal service and communications to all of its Affiliates and Customers;

       • Provide the highest level of quality services, at fair and reasonable prices;

       • Exchange or refund the purchase price of any product, service or membership as provided in our return policies contained herein;

       • Deliver services promptly and accurately;

       • Pay earned commissions accurately and on a timely basis;

       • Expedite orders if an error or unreasonable delay occurs;

       • Roll out new services and programs with Affiliates input and planning;

       • Implement changes in the Compensation Plan or Policies and Procedures that affect the Affiliates with input from the Affiliates (note: such changes will be effective thirty (30) days after the date it was published);

       • Support, protect and defend the integrity of the XTREAMFX Income Opportunity;

       • Offer Affiliates an opportunity to grow with XTREAMFX with such growth guided by the principles of Servant Leadership.

  • In return, XTREAMFX expects that its Affiliates will:

    1. • Conduct themselves in a professional, honest, and considerate manner;

       • Present XTREAMFX Corporate and services information in an accurate and professional manner;

       • Present the Compensation Plan, services and refund policies
         contained herein in a complete and accurate manner;

       • Not make exaggerated income or service claims;

       • Make reasonable effort(s) to support and train other Affiliates and Customers in their sales and marketing organization;

       • Not engage in cross-line sponsoring, solicitation of competing services, unhealthy competition or unethical business practices;

       • Provide positive guidance and training to XTREAMFX Affiliates and Customers in their sales and marketing organizations while exercising caution to avoid interference with other Affiliate sales and marketing organizations. As such, an Affiliate is discouraged from providing training to other Affiliates or Customers in a different sales and marketing organization;

       • Support, protect, and defend the integrity of the XTREAMFX Income Opportunity;

• 1.3 Code of Ethics

  • XTREAMFX desires to provide its independent Affiliates with the best Services, Training and Compensation Plan in the industry. Accordingly, XTREAMFX values constructive criticism and encourages the submission of written comments addressed to the XTREAMFX Compliance Team.

  • Affiliate's negative and disparaging comments about XtreamFX Global Academy ™, its Services, the Agreement or Compensation Plan, made to XTREAMFX, or to the field or at any XTREAMFX meeting and/or event, or disruptive behavior at any meeting and/or event, serve no purpose other than to dampen the enthusiasm of other Affiliates and Customers. XTREAMFX Affiliates must not belittle XtreamFX Global Academy ™, fellow XTREAMFX Affiliates, XTREAMFX Services, the Compensation Plan, or any and all XTREAMFX directors, officers, or employees, suppliers or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by XTREAMFX.

  • XTREAMFX endorses the following code of ethics:

    1. • An Affiliate must show fairness, tolerance, and respect to all people associated with XtreamFX Global Academy ™, regardless of race, gender, social class or religion, thereby fostering a "positive atmosphere" of teamwork, good morale and community spirit.

       • An Affiliate shall strive to resolve business issues, including situations with other Affiliates, by emphasizing tact, sensitivity, and good will taking care not to create additional problems.

       • XTREAMFX Affiliates must be honest, responsible, professional and conduct themselves with integrity.

       • XTREAMFX Affiliates shall not make disparaging statements about XTREAMFX, other Affiliates, XTREAMFX employees, suppliers or agents, Services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.

  • XTREAMFX may take appropriate action against An Affiliate if it determines, in its sole discretion, that An Affiliate's conduct is detrimental, disruptive, or injurious to XtreamFX Global Academy ™ or to other Affiliates.

• 1.4 XTREAMFX Policies & Procedures and Compensation Plan Incorporated into the Affiliate Agreement

  • Throughout these Policies & Procedures, when the term "Agreement" is used, it collectively refers to the XTREAMFX on-line Application, electronic signature process, the most current version of the Policies and Procedures in effect and any addendums thereto, the Compensation Plan, also referred to as the 'XTREAMFX Compensation Program' (attached hereto as "ADDENDUM 2" and incorporated herein for all purposes), and any and all social media guidelines or any other guidelines which may be implemented from time to time and any amendments thereto.

  • It is the responsibility of the Sponsoring Affiliate to provide the most current version of these Policies and Procedures (available on the XTREAMFX website), the Income Disclosure Statement, the XTREAMFX Compensation Plan, and any and all social media guidelines or any other guidelines which may be implemented from time to time and any amendments thereto to their downline Affiliates.

• 1.5 Purpose of Policies & Procedures

  • XTREAMFX is a direct to consumer, subscription based, training and education company that markets its Services through a network of independent business owners. To clearly define the relationship that exists between Affiliates and XtreamFX Global Academy ™, and to explicitly set a standard for acceptable business conduct, XTREAMFX has established these Policies and Procedures.

  • XTREAMFX Affiliates and Customers are required to comply with; (i) all of the Terms and Conditions set forth in the Agreement which XTREAMFX may amend from time to time in its sole discretion in accordance with the terms hereof; and (ii) all Federal, State, and/or local laws governing his, her and/or its XTREAMFX business.

  • XTREAMFX Affiliates must review the information in these Policies and Procedures carefully. Should an Affiliate have any questions regarding a policy, rule or guidelines, the Affiliate is encouraged to seek an answer from the company FAQ, found on the website, their personal Sponsor, or the XTREAMFX Customer Service Team by submitting an email to: info@xtreamfxgloabl.net.

• 1.6 Changes, Amendments, and Modifications

  • Because Federal, state, local and international laws, as well as the business environment, periodically change, XTREAMFX reserves the right to amend the XTREAMFX Agreement
    and the prices in its 'XTREAMFX Services Price List'(attached hereto as "ADDENDUM 1" and incorporated herein for all purposes) in its sole and absolute discretion. Notification of amendments shall appear in all official XTREAMFX materials, XTREAMFX website, social media outlets or the Affiliate's back office.

  • Any such amendment, change, or modification shall be effective thirty (30) days following notice by one of the following methods:

    1. • Posting on the official XTREAMFX website;

       • Electronic mail (e-mail); or

       • Any XTREAMFX communication channels or social media outlets (ie. Facebook, Instagram, Twitter and/or XTREAMFX App).

• 2.1 BASIC PRINCIPLES

• 2.2 Becoming An Affiliate

  • To become an Affiliate, an applicant must comply with the following requirements:

    1. • Be of the age of majority (not a minor) in his or her province or territory of residence. We require a minimum age of 17 or older unless through parental or guardianship approval.

       • Reside or have a valid address in the United States or U.S. territory, Canada, Australia or country wherein XTREAMFX is licensed to operate.

       • Have a valid taxpayer identification number (i.e. Social Security
         Number, Federal Tax ID Number (TIN), federal Business Number, or proper personal identification number of the respective country;

       • Enter a verified mobile phone number or email address, which is not in use or associated with any other XTREAMFX accounts, which will be verified.

• 2.3 New Affiliate Registration

  • A potential new Affiliate may self-enroll on any Affiliate/Sponsor's website. In such an event, XTREAMFX will accept the web enrollment and XTREAMFX Application by accepting the "electronic signature" stating the new Affiliate has accepted all terms and conditions of such the XTREAMFX Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Affiliate and XTREAMFX.

  • Signed documents, including, but not limited to, Affiliate personal agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of the Affiliate's position.

  • If one applicant enrolls creating an Account listing a certain sponsor and enrolls a second time listing multiple sponsors, only the first completed form to be received by XTREAMFXwill be accepted. XTREAMFX reserves the right, at its sole discretion, to make the final decision with respect to all such disputes.

• 3.1 XTREAMFX'S Affiliate RESPONSIBILITIES

• 3.2 Correct Address

  • It is the responsibility of the Affiliate or Customer to make sure XTREAMFX has the correct contact information for all correspondence.

  • An Affiliate and/or Customer will need to allow up to seventy-two (72) hours for processing after the notice of address change has been received by XTREAMFX Support Team.

• 3.3 Training and Leadership

  • Any XTREAMFX Affiliate who Sponsors another Affiliate into XTREAMFX must perform an authentic assistance and training function to ensure his or her sales and marketing organization is properly operating his or her XTREAMFX business. Sponsoring Affiliates should have ongoing contact and communication with the Affiliates in their sales and marketing organizations. (Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, direct contact, team conference calls, voice-mail, e-mail, personal meetings, accompaniment of downline Affiliates to XTREAMFX meetings, training sessions, events, workshops, and any other related functions.)

  • A Sponsoring XTREAMFX Affiliate should monitor the Affiliates in his or her sales and marketing organizations to ensure that Affiliates do not make improper product or business claims or engage in any illegal or inappropriate conduct. Upon request, such Affiliate should be able to provide documented evidence to XTREAMFX of his or her ongoing fulfillment of the responsibilities of a Sponsor.

  • Sponsoring Affiliates are encouraged to educate and train new Affiliates about XTREAMFX's Services, effective sales techniques, the XTREAMFX Compensation Plan, along with compliance with XTREAMFX Policies and Procedures and any and all social media guidelines or any other guidelines and amendments thereto implemented at that time. Marketing product is a required activity in XTREAMFX and must be emphasized in all recruiting presentations.

  • We emphasize and encourage all Affiliates to sell XTREAMFX's Services and services to Customers.

  • Use of Sales and marketing collateral. To promote both the Services and the opportunity XTREAMFX offers, Affiliates must use the sales and marketing collateral and support materials produced by XTREAMFX. If XTREAMFX Affiliates develop their own sales and marketing collateral and promotional
    
    materials, which includes Internet advertising, notwithstanding Affiliates' good intentions, along with the intentional violation of any number of statutes or regulatory laws affecting the XTREAMFX business. These violations, although they may be relatively few in number, could jeopardize the XTREAMFX opportunity for all Affiliates. Accordingly, Affiliates must submit via email all written sales and marketing collateral, promotional materials, advertisements, websites, training material, flyers, along with any other literature to the Compliance Team for approval prior to use. COMPLIANCE EMAIL: info@xtreamfxgloabl.net. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of XTREAMFX and its Services. The marketing and promotion of XTREAMFX, the XTREAMFX opportunity, the Compensation Plan, and XTREAMFX Services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

• 3.4 Sponsorship

  • The Sponsor is the person who introduces an Affiliate or Customer to XTREAMFX, helps them complete their enrollment, and supports and trains those in their sales and marketing organization.

  • XTREAMFX recognizes the Sponsor as the name(s) shown on the first:

    1. • Physically signed XTREAMFX Affiliate Agreement on file; or

       • Electronically signed Affiliate Agreement from a website or an Affiliate website.

  • An Affiliate Agreement that contains notations such as "by phone" or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by XTREAMFX.

  • XTREAMFX recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but XTREAMFX will not allow Affiliates to engage in unethical sponsoring activities.

  • All active Affiliates in good standing have the right to Sponsor and enroll others into XTREAMFX. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Affiliate will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Affiliate who presented a comprehensive introduction to XTREAMFX Services or income opportunity.

• 3.5 Unethical Sponsoring

  • Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition by attempting to acquire a prospect or new Affiliate away from a fellow Affiliate or influencing another Affiliate to transfer to a different sponsor.

  • Allegations of unethical sponsoring must be reported in writing to the XTREAMFX Compliance Team within the first 30 days of the new Affiliate enrollment in question. If the reports are substantiated, XTREAMFX may transfer the Affiliate or the Affiliate's downline to another sponsor or organization without approval from the current up-line Sponsor or Placement Affiliates. XTREAMFX remains the final authority in such cases.

  • XTREAMFX prohibits the act of "Stacking." Stacking is the unauthorized manipulation of the XTREAMFX marketing system and/or the compensation plan in order to trigger commissions or cause a promotion off a direct or indirect Affiliate in their sales and marketing organization in an unearned manner. One example of stacking occurs when a Sponsor places Affiliate(s) under an inactive Affiliate lower in the compensation tree without his or her knowledge in order to trigger unearned qualification for commissioning purposes. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent Affiliate positions of all individuals and/or entities found to be directly involved.

  • Should Affiliates engage in solicitation and/or enticement of members of another direct sales company to sell or distribute XTREAMFX Services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Affiliate alleging that they engaged in inappropriate sponsoring/recruiting activity of another company's sales force or Customers, XTREAMFX will not pay any of Affiliate's defense costs or legal fees, nor will XTREAMFX indemnify the Affiliate for any judgment, award, or settlement.

• 3.6 Cross Sponsoring/ Recruiting Prohibition

  • "Cross sponsoring" is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed Affiliate Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by XTREAMFX, sanctions up to and including termination of an Affiliate's position may be imposed. If an Affiliate Cross Sponsors, they must return to their original position or wait 6 months before rejoining XTREAMFX.

  • Cross Recruiting XTREAMFX members into your organization is a punishable offense including suspension, fines and possible termination.

  • The use of a Spouse's or relative's name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal Business Numbers, or fictitious ID numbers to evade or circumvent this Policy is not permitted.

  • This Policy does not prohibit the transfer of an XTREAMFX business in accordance with XTREAMFX Transfer of Sale or Transfer Policy set forth in these Policies.

• 3.7 Solicitation for Other Companies or Services

  • An Affiliate and/or Customer may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities, as long as it is a non-competing product. However, during the Term of this Agreement and for six (6) months thereafter, an Affiliate may not sponsor/recruit any fellow XTREAMFX Affiliate or Customer for any other direct sales or network marketing business, unless that fellow Affiliate or Customer was personally sponsored by such Affiliate.

  • The terms "sponsor/recruit" means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Affiliate or Customer to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Affiliate's actions are in response to an inquiry made by another Affiliate or Customer.

  • During the term of this Agreement any XTREAMFX Affiliate must not sell, or entice others to sell, any competing Services, including training materials, to XTREAMFX Customers or Affiliates. Any product or service in the same category as an XTREAMFX product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality.)

  • However, an Affiliate may sell non-competing Services or services to the XTREAMFX Customers and Affiliates that they personally sponsored.

  • An Affiliate may not display or bundle XTREAMFX Services or services, in sales literature, on a website or in sales meetings, with any other Services or services to avoid confusing or misleading a prospective Customer or Affiliate into believing there is a relationship between the XTREAMFX and non-XTREAMFX Services.

  • An Affiliate may not offer any non-XTREAMFX opportunity, Services at any XTREAMFX related meeting, event, seminar or convention, or immediately following a XTREAMFX event.

  • A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between XTREAMFX and its Affiliates and would inflict irreparable harm on XTREAMFX. In such event, XTREAMFX may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Affiliate or such Affiliate's positions including termination, or seek immediate injunctive relief without the necessity of posting a bond.

• 4.1 AGREEMENTS & GENERAL UNDERSTANDINGS

• 4.2 Rights Granted

  • XTREAMFX hereby grants to the Affiliate a non-exclusive right, based upon the terms and conditions contained in the Agreement to:

    1. • Purchase XTREAMFX Services;

       • Promote and sell XTREAMFX Services; and

       • Sponsor new Affiliates and Customers in countries where XTREAMFX is currently authorized to do business or becomes authorized to business in the future.

       • No feature of the Compensation Plan constitutes a personal purchase requirement to become an Affiliate, move up in rank in or otherwise fully participate in the Compensation Plan. No purchase is required of anyone at any time to fully participate as an Affiliate, outside of the monthly administrative fee for the Affiliate website, and reporting.

• 4.3 Renewals and Expiration of the Affiliate Agreement

  • If the Affiliate allows his or her Affiliate Agreement to expire due to nonpayment, the Affiliate will lose any and all rights to his, her or its downline organization unless the Affiliate re-activates following the expiration of the Application.

    1. • If the former Affiliate re-activates the Affiliate will resume the rank and position held immediately prior to the expiration of the Affiliate Agreement. However, such Affiliate's paid as level will not be restored unless he, she and/or an entity qualifies at that payout level in the new month. The Affiliate is not eligible to receive commissions for the time period that the Affiliate's position expired.

       • Any Affiliate who was terminated or whose Agreement has expired and lapsed is eligible to re-apply for an XTREAMFX business account, but must reactivate in the same position unless written notice is received, reviewed, and approved..

       • The sales and marketing organization of the expired Affiliate will compress up to the immediate, active Affiliate in the hierarchy.

• 4.4 Effect of Cancellation

  • Following an Affiliate's cancellation for inactivity or voluntary or involuntary termination (collectively, a "cancellation") such Affiliate:

    1. • Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Affiliate's former sales and marketing organization or any other payments in association with the Affiliate's former independent position;

       • Effectively waives any and all claims to property rights or any interest in or to the Affiliate's former sales and marketing organization;

       • Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to XTREAMFX.

• 4.5 Modification of the Affiliate Agreement

  • An Affiliate may modify his or her existing Affiliate Agreement (i.e., add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Affiliate) by submitting a written request, accompanied by a new Affiliate Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a "crossed out" or "white-out" version of the first Agreement), and any appropriate supporting documentation.

• 4.6 Unauthorized Transfer & Re-Enrollment

  • In the event an Affiliate discovers that an Affiliate in their sales and marketing organization has re-enrolled under a different Affiliate, the Affiliate has ninety (90) days from the date the downline Affiliate enrolled under a new Affiliate to notify the XTREAMFX Compliance team and request the downline Affiliate be transferred back to his/her downline. Upon the expiration of the ninety (90) day notice period, the right to reclaim a new Affiliate to his or her downline will be waived.

• 4.7 Change of Sponsors or Placement for Affiliates

  • Placement changes/corrections may be requested prior to commission run for the current week. Such adjustments require written permission directed to the Support Team submitted from the personal back office of the sponsor as well as the Affiliate to be moved and in some cases additional upline Affiliate(s).

  • Sponsor changes are generally not permitted. However, sponsor corrections can be made if they are reported to the Support Team within 24 hours from the time of enrollment. Sponsor corrections must be requested from the distributor back office of the current (original) sponsor, stating the reason that the correction needs to be made.

  • At the discretion of XTREAMFX, Affiliates who have not ordered Services for at least 6 months, and who have not tendered a letter of termination resignation, are eligible to re-enroll in XTREAMFX under the Sponsor/Placement of their choice.

  • Upon written notice to XTREAMFX that a former Affiliate wishes to re-enroll, XTREAMFX will "compress" (close) the original account. A new XTREAMFX ID number will then be issued to the former Affiliate.

  • Such Affiliate does not retain former rank, downline, or rights to commission from his or her former sales and marketing organizations.

  • XTREAMFX reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.

• 4.8 Change Organizations

  • If an Affiliate wishes to transfer sales and marketing organizations, he or she must submit a letter of termination resignation to the XTREAMFX Customer Service Team and remain inactive (place no orders or be on an auto ship) with or in XTREAMFX for 6 months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.

  • XTREAMFX retains the right to approve or deny any request to re-enroll after an Affiliate's termination.

  • If re-enrollment is approved, the former Affiliate will be issued a new XTREAMFX ID number and will be required to submit a new Affiliate Agreement. The Affiliate will not be entitled to keep any former rank, sales and marketing organization, or rights to commission from any prior organization.

• 4.9 Voluntary Termination

  • An Affiliate may immediately terminate his or her position by submitting a written notice or email to the XTREAMFX Compliance Team at info@xtreamfxgloabl.net The written notice must include the following;

    1. • The Affiliate's intent to terminate the Agreement; Date of termination;

       • XTREAMFX Identification Number;

       • Reason for terminating; and

       • An Affiliate may not use termination as a way to immediately change Sponsor and Placement. Instead, the Affiliate who has voluntarily terminated is not eligible to reapply for a position or have any financial interest in any XTREAMFX business for 6 months from the receipt of the written notice of termination. They may also not promote XTREAMFX or attend events during their termination.

       • Signature

• 4.10 Involuntary Termination

  • XTREAMFX reserves the right to terminate An Affiliate's position for, but not limited to, the following reasons;

    1. • Violation of any Terms or Conditions of the Affiliate Agreement;

       • Violation of any provision of these Policies and Procedures in effect at the time the violation occurred or was discovered;

       • Violation of any provision in the Compensation Plan;

       • Violation of any applicable law, ordinance, or regulation regarding the XTREAMFX business;

       • Engaging in unethical business practices or violating standards of fair dealing; or Returning over $500 worth of Services, and/or sales tools for a refund within a 12-month period.

  • XTREAMFX will notify the Affiliate in writing through the email on file or certified mail, return receipt requested or overnight documented mail, at his or her last known address of its intent to terminate the Affiliate's position and the reasons for termination. The Affiliate will have 15 calendar days from the date of mailing of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. XTREAMFX will then have 30 calendar days from the date of receipt of the Affiliate's response to render a final decision as to termination.

  • If a decision is made by XTREAMFX to terminate the Affiliate's position, XTREAMFX will inform the Affiliate in writing that the position is terminated effective as of the date of the written notification.

  • If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by XTREAMFX. The former Affiliate shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any XTREAMFX Service. XTREAMFX will notify the active Sponsor within 10 days after termination. The organization of the terminated Affiliate will "roll up" to the next immediate active direct Sponsor on record.

  • The XTREAMFX Affiliate who is involuntarily terminated by XTREAMFX may not reapply for a position, either under his or her present name or any other name or entity, without the express written consent of an officer of XTREAMFX, following a review by the XTREAMFX Compliance Committee. In any event, such Affiliate may not re- apply for a position for 12 months from the date of termination.

• 5.1 BUSINESS ENTITIES

• 5.2 Definition

  • A corporation, partnership, or trust (collectively referred to as a ("Business Entity") may apply to be an Affiliate.

  • An Affiliate may change their status under the same Sponsor from an individual to a partnership, corporation, trust or from one type of business entity to another.

• 5.3 Definition

  • Affiliates are independent contractors acting in the capacity of a wholly independent marketing representative who establish and service retail customers for XtreamFX Global Academy ™ Services. Affiliate status, as such does not constitute either a sale of a security, franchise or a distributorship (exclusive or otherwise), and absolutely no fees have been or will be required from Affiliate for the right to market and sell XTREAMFX Services pursuant to the Affiliate Agreement, outside of the monthly administrative fee charged for maintaining the Affiliate's replicated website and reporting capabilities. The Affiliate Agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership, or joint venture between Affiliate and any other participant in the XTREAMFX marketing plan and/or International Marketing Live Inc. As an independent contractor, Affiliate will: (i) comply with all applicable federal, provincial and local laws, rules and regulations pertaining to the Affiliate Agreement, including the sale, distribution and advertising of XTREAMFX Services, and (ii) at Affiliate's own expense, complete all filings, and obtain such licenses as are required by applicable federal, provincial and local laws, rules and regulations, with respect to the Affiliate Agreement and Affiliate's activities as an Affiliate.

  • Affiliates have no authority to bind XtreamFX Global Academy ™ to any obligation. It is each Affiliate's responsibility to pay all income, local or applicable taxes as an independent contractor, and Affiliates are not eligible for employee benefits, such as unemployment compensation, worker's compensation or minimum wages. XTREAMFX encourages its Affiliates to set their own hours and to supply all of their own equipment and tools for operating their XTREAMFX business, such as telephones, transportation, professional services, office equipment and supplies. Further, Affiliates should determine their own methods of sale, so long as they comply with the policies of Company. Without limiting the generality of the foregoing, Affiliates shall be fully responsible for (i) all applicable federal, state and local withholding taxes, worker's compensation contributions license requirements and fees related to the Affiliate's earnings and activities as an Affiliate, and (ii) all expenses incurred in connection with the operation of the Affiliate's Company-related business, including but not limited to travel, meals, accommodation, secretarial, office, telephone and other business expenses.

  • The XTREAMFX Affiliate is fully responsible for all of his or her verbal and written communications made regarding XTREAMFX Services, and the Compensation Plan that are not expressly contained within official XTREAMFX materials. Affiliates shall indemnify and hold harmless XTREAMFX, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, lawyer fees and court costs incurred by XTREAMFX as a result of the Affiliate's unauthorized representations or actions. This provision shall survive the termination of the XTREAMFX Affiliate Agreement.

• 5.4 Insurance

  • Business Pursuits Coverage. XTREAMFX encourages Affiliates to arrange insurance coverage for their business. A homeowner's insurance policy does not cover business related injuries, or the theft of, or damage to, inventory or business equipment. XTREAMFX Affiliates need to contact their insurance agent to make certain their business property is protected. In most instances, this may be accomplished with a "Business Pursuit" endorsement to an existing homeowner's policy.

  • If an Affiliate has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, genealogy, orders or charges, the Affiliate must notify XTREAMFX in writing within thirty (30) days of the date the error or incident in question occurred. Any such errors, omissions or problems not reported within thirty (30) days shall be deemed waived by the Affiliate.

• 6.1 POLICY VIOLATIONS

• 6.2 Reporting Policy Violation

  • An Affiliate who observes a policy violation by another Affiliate, Affiliate or Customer associated with XTREAMFX should submit an e-mail info@xtreamfxgloabl.net any and all violations directly to the XTREAMFX Corporate office. The message shall set forth the details of the incident as follows: The nature of the violation:

    1. • Specific facts to support the allegations;

       • Dates;

       • Number of occurrences;

       • Persons involved; and

       • Supporting documentation

  • Once the matter has been presented to XTREAMFX, it will be researched thoroughly by the Compliance Team and appropriate action will be taken if required.

  • This section refers to the general reporting of Policy violations as observed by other Affiliates for the mutual effort to support, protect, and defend the integrity of the XTREAMFX business and opportunity. If an Affiliate has a grievance or complaint against another Affiliate which directly relates to his or her XTREAMFX business, the Procedures set forth in these Policies must be followed.

• 6.3 Adherence to the XTREAMFX Compensation Plan

  • An Affiliate must adhere to the terms of the XTREAMFX Compensation Plan as set forth in these Policies and Procedures as well as in official XTREAMFX literature. Deviation from the Compensation Plan is prohibited.

  • An Affiliate shall not offer the XTREAMFX opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official XTREAMFX literature.

  • An Affiliate shall not require or encourage a current or prospective Affiliate to participate in XTREAMFX in any manner that varies from the Compensation Plan as set forth in official XTREAMFX literature.

  • An Affiliate shall not require or encourage a current or prospective Affiliate to make a purchase from or payment to any individual or other entity as a condition to participating in the XTREAMFX Compensation Plan.

• 6.4 Adherence to Laws and Ordinances

  • Many cities, counties and townships have laws regulating certain home- based businesses. Affiliates must check their local laws and obey the laws that do apply to them.

  • An Affiliate or Customer shall comply with all Federal and local laws and regulations in their conduct of his or her XTREAMFX business.

  • An Affiliate accepts sole responsibility for and agrees to pay all fines and incur all liabilities for his or her actions that violate any laws or ordinances.

• 6.5 Compliance with Applicable Income Tax Laws

  • An Affiliate accepts sole responsibility for and agrees to pay all Federal, Provincial and local taxes on any income generated as an independent Affiliate, and further agrees to indemnify XTREAMFX from any failure to pay such tax amounts when due.

  • If an Affiliate's business is tax exempt, the Federal Business Number must be provided to XTREAMFX in writing.

  • XTREAMFX encourages all Affiliates to consult with a tax advisor for additional information for their business. XTREAMFX is required to change and remit sales tax to the various states or provinces based on the retail price. (Receipt of trips, prizes or awards in the amount of $600.00 or more.)

• 6.6 One XTREAMFX Business Per Affiliate

  • An Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) XTREAMFX business. No individual (together with their spouse) may have, operate or receive compensation from more than one XTREAMFX business. Individuals of the same family unit, excluding spouses, may each enter into or have an interest in their own separate XTREAMFX businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A "family unit" is defined as parents or dependent children living at or doing business at the same address. Each position must build their position separate and independent of the other or the position will be deemed to be stacking.

• 6.7 Actions of Household Members or Affiliated Parties

  • If any member of an Affiliate's immediate household engages in any activity which, if performed by the Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and XTREAMFX may take disciplinary action pursuant to these Policies and Procedures against the Affiliate. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively "Business Entity") violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and XTREAMFX may take disciplinary action against the Business Entity. Likewise, if an Affiliate enrolls in XTREAMFX 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.

• 6.8 Identification Numbers and Pay-Out

  • Each Affiliate is required to provide his or her federal Social Security Number or Federal Tax Identification Number, if located in the United States or any of its territories to XTREAMFX at the time Affiliate initiates a transfer of monies or earnings accumulated in the Affiliate's Wallet. The transferring and disbursement of commission payments or bonuses acquired is known as a Pay- Out and XTREAMFX reserves the right to withhold Pay-Out from any Affiliate who fails to provide such information or who provides false information.

  • Upon enrollment, XTREAMFX will provide a XTREAMFX Identification Number to the Affiliate. This number will be used to place orders, structure organizations, and track commissions and bonuses.

• 6.9 Sell, Assign or Delegate Ownership

  • In order to preserve the integrity of the hierarchical structure, it is necessary for XTREAMFX to place restrictions on the transfer, assignment, or sale of a position.

  • An Affiliate may not sell or assign his or her rights or delegate his or her position as An Affiliate without prior written approval by XTREAMFX, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of XTREAMFX.

  • Should the sale be approved by XTREAMFX, the Buyer assumes the position of the Seller at the current qualified title, but at the current "paid as" rank, at the time of the sale and acquires the Seller's Downline.

  • To request corporate authorization for a sale or transfer of an XTREAMFX position, the following items must be submitted to the XTREAMFX Compliance Team:

    1. • A Sale/Transfer of Position Form properly completed, with the requisite signatures.

       • A copy of the Sales Agreement signed, dated and notarized by both Buyer and Seller.

       • An Affiliate Agreement completed and signed by the signed by the Buyer and proof of good standing;

       • Payment of the $250 administration fee paid by Seller;

       • Any additional supporting documentation requested by XTREAMFX.

  • Any debt obligations that either Seller or Buyer may have with XTREAMFX must be satisfied prior to the approval of the sale or transfer by XTREAMFX.

  • An Affiliate who sells his or her position is not eligible to re-enroll as a XTREAMFXAffiliate in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.

• 6.10 Separating an XTREAMFX Business

  • Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:

    1. • One of the parties may, with the written consent of the other(s), operate the XTREAMFX business whereby the relinquishing Spouse (which term herein means either an individual that is legally married or an individual that is party to a legally recognized common law relationship), shareholders, partners, members or trustees authorize XTREAMFX to deal directly and solely with the other Spouse, non- relinquishing shareholder, partner, member or trustee;

       • The parties may continue to operate the XTREAMFX business jointly on a "business as usual" basis, whereupon all compensation paid by XTREAMFX will be paid in the name designated as the Affiliates or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, XTREAMFX will pay compensation to the name on record and in such event, the Affiliate named on the account shall indemnify XTREAMFX from any claims from the other business owner(s) or the other Spouse with respect to such payment.

  • XTREAMFX recognizes only one sales and marketing organization and will issue only one commission payment transfer per XTREAMFX business per commission cycle. Under no circumstances will the hierarchy of an organization be divided, nor will XTREAMFX split commission and/or bonuses.

  • If a relinquishing Spouse, partner or owner of the business has completely relinquished ("Relinquishing Party"), in writing, all rights to the original XTREAMFX business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Affiliate or active Customer in the former organization, and must develop a new business in the same manner as any other new XTREAMFX Affiliate. An Affiliate in the Relinquishing Party's former Downline who wishes to transfer to the Relinquishing Party's new organization or to any other organization, must comply with the requirements in Section 4.0.

• 6.11 Succession

  • The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

  • Upon the death or incapacity of an Affiliate, the Affiliate's business may be passed on to his or her legal successors in interest (successor). Whenever an XTREAMFX business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Affiliate's sales organization. The successor must:

    1. • Complete and sign a new XTREAMFX Affiliate Agreement;

       • Comply with the Terms and provisions of the Affiliate Agreement; and

       • Meet all of the qualifications for the last rank achieved by the former Affiliate.

  • Bonus and commission of an XTREAMFX business transferred based on this section will be paid in a single transfer to the successor. The successor must provide XTREAMFX with an "address of record" to which all bonus and commission Payments will be sent. Payments will be based on the current performance of the position, not the highest rank or volume achieved.

  • If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a federal Business Number. XTREAMFX will issue all bonus and commission payments to the managing business entity only.

  • Appropriate legal documentation must be submitted to XTREAMFX Compliance Team to ensure the transfer is done properly. To affect a testamentary transfer of an XTREAMFX business, the successor must provide the following to XTREAMFX Compliance Team;

    1. • A certified copy of the death certificate; and

       • A notarized copy of the will or other appropriate legal documentation establishing the successor's right to the XTREAMFX business.

  • To complete a transfer of the XTREAMFX business because of incapacity, the successor must provide the following to the XTREAMFX Compliance Team;

    1. • A notarized copy of an appointment as trustee;

       • A notarized copy of the trust document or other appropriate legal documentation establishing the trustee's right to administer the XTREAMFX business; and

       • A completed Affiliate Agreement executed by the trustee.

  • If the successor is already an existing Affiliate, XTREAMFX will allow such Affiliate to keep his or her own position plus the inherited position active for up to six
    (6) months. By the end of the six (6) month period, the Affiliate must have compressed (if applicable), sold or otherwise transferred either the existing position or the inherited position.

  • If the successor wishes to terminate the XTREAMFX position, he or she must submit a notarized statement stating the desire to terminate the position, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.

    1. • Upon written request, XTREAMFX may grant a 1month bereavement waiver and pay out at the last "paid as" rank.

• 7.1 DISCIPLINARY ACTIONS

• 7.2 Imposition of Disciplinary Action - Purpose

  • It is the spirit of XTREAMFX that integrity and fairness should pervade among its Affiliates, thereby providing everyone with an equal opportunity to build a successful business. Therefore, XTREAMFX reserves the right to impose disciplinary sanctions at any time, when it has determined that an Affiliate has violated the Agreement or any of these Policies and Procedures or the Compensation Plan as they may be amended from time to time by XTREAMFX in accordance herewith.

• 7.3 Consequences and Remedies of Breach

  • Disciplinary actions may include one or more of the following:

    1. • Monitoring an Affiliate's conduct over a specified period of time to assure compliance;

       • Issuance of a written warning or requiring the Affiliate to take immediate corrective action;

       • Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments ("Commission Hold") until the matter causing the Commission Hold is resolved or until XTREAMFX receives adequate additional assurances from the Affiliate to ensure future compliance;

       • Suspension from participation in Company or Affiliate events, rewards, or recognition;
         Suspension of the XTREAMFX Affiliate Agreement and position for one or more pay periods;

       • Involuntary termination of the Affiliate's Agreement and position;

       • Any other measure which XTREAMFX deems feasible and appropriate to justly resolve injuries caused by the Affiliate's Policy violation or contractual breach; OR

       • Legal proceedings for monetary or equitable relief.

• 7.4 Suspension Procedures

  • First Violation: Counseling and initial warning letter.

    1. • A first violation usually occurs because the Affiliate is not familiar with the Policies and Procedures or the law. Counseling and the initial warning provide an opportunity for Compliance to bring to the attention of the XTREAMFX the Policies and Procedures and the specific violation, and to provide
         counseling on complying with the Policies and Procedures and applicable laws. Compliance will also describe expectations and steps the Affiliate must take to resolve the violation including, but not limited to, either removing or revising the non-compliant claim or how to remedy other policy violations. Within 3 days of this notice, Compliance will determine if the non-compliant material or other policy violation has been remediated. If so, Compliance will close the file. If not, Compliance will proceed to 2nd Violation notice.

  • Second Violation: Second warning letter and temporary suspension

    1. • Although it is hoped that the Affiliate will promptly correct the violation(s), XTREAMFX recognizes that this may not always occur. The second written warning indicates the seriousness of repeated violations and will prompt a temporary suspension of the Affiliate's account. During the suspension period, the Affiliate waives any and all rights to Pay-Out and must submit a signed a reinstatement letter wherein the Affiliate acknowledges the violation(s) and describes the steps taken to correct the violation(s). Once the reinstatement letter is accepted by XTREAMFX, the suspension will be lifted. The Affiliate may be subject to additional discipline up to and including termination if the violation is not remedied or further violations occur.

  • Third Violation: Termination

    1. • As described above, XTREAMFX will try to exercise the progressive nature of the Discipline Policy by first providing warnings, a final written warning and suspension and commissions forfeiture before proceeding to termination; however, XTREAMFX reserves the right to combine and omit steps depending on the circumstances of each situation and the nature of the violation. Furthermore, Affiliate may be terminated without prior notice or disciplinary action, as authorized by the Policies and Procedures.

• 8.1 DISPUTE RESOLUTION

• 8.2 Grievances

  • If an Affiliate has a grievance or complaint against another Affiliate regarding any practice or conduct relating to their respective XTREAMFX businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the XTREAMFX Compliance Team as outlined below in this Section.

  • The XTREAMFX Compliance Team will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Affiliates involved.

  • XTREAMFX will confine its involvement to disputes regarding XTREAMFX business matters only. XTREAMFX will not decide issues that involve personality conflicts or unprofessional conduct by or between Affiliates outside the context of an XTREAMFX business. These issues go beyond the scope of XTREAMFX and may not be used to justify a Sponsor or Placement change or a transfer to another XTREAMFX organization.

  • XTREAMFX does not consider, enforce, or mediate third party agreements between Affiliates, nor does it provide names, funding, or advice for obtaining outside legal counsel.

  • Process for Grievances:

    1. • The XTREAMFX Affiliate should submit a letter of complaint (email will be accepted) directly to the XTREAMFX Compliance Team. The letter shall set forth the details of the incident as follows;

         1. • The nature of the violation;

            • Specific facts to support the allegations;

            • Dates;

            • Number of occurrences;

            • Persons involved; and

            • Supporting documentation.

       • Upon receipt of the written complaint, XTREAMFX will conduct an investigation according to the following procedures;

         1. • The Compliance Team will send an acknowledgment of receipt to the complaining Affiliate;

            • The Compliance Team will provide a verbal or written notice of the allegation to the Affiliate under investigation. If a written notice is sent to the Affiliate, he or she will have 10 business days from the date of the notification letter to present all information relating to the incident for review by XTREAMFX.

            • The Compliance Team will thoroughly investigate the complaint, consider all the submitted information it deems relevant, including information from collateral sources. Due to the unique nature of each situation, determinations of the appropriate remedy will be on a case by case basis, and the length of time to reach a resolution will vary.

            • During the course of the investigation, the Compliance Team will only provide periodic updates simply stating that the investigation is ongoing. No other information will be released during this time. Affiliate calls, letters, and requests for "progress reports" during the course of the investigation will not be answered or returned.

       • XTREAMFX will make a final decisi Von and timely notify the XTREAMFXAffiliates involved.

• 8.3 Mediation

  • Affiliate and XTREAMFX (collectively "the Parties") recognize disputes and differences may arise between the Parties and therefore agree it is in their best interest to appoint an impartial mediator to resolve such disputes as they arise. Additionally, the Parties recognize that litigation in court can be time consuming and expensive, hence THE PARTIES AGREE TO THE FOLLOWING:

  • The Parties hereto agree to refer the following matters and responsibilities to the Mediator:

    1. • The Mediator shall conduct the mediation based on the principle of party self-determination, in which the Parties come to a voluntary, uncoerced decision where each party makes free and informed choices.

       • The Mediator shall conduct any necessary separate or ex parte meetings and other communications with parties or representatives, before, during, and after any scheduled mediation conference.

       • The Parties should exchange all documents pertinent to the relief requested. The Mediator may request the exchange of memoranda and other information; items that a party wishes to keep confidential may be sent to the Mediator in a separate communication.

       • The Mediator does not have the authority to issue a settlement, but will help facilitate a satisfactory resolution of the dispute.

       • The Mediator will not make decisions for a Party or act as an arbitrator. i. Should a complete settlement of some or all issues not be achieved, the Mediator may continue to communicate with the Parties following the mediation conference.

       • The Mediator is not a legal representative of any party.

       • The Mediator shall set the date, time, and place for each session of the mediation conference and the Parties shall respond in a timely manner.

  • The Mediator shall direct the Parties to file statements of their respective claims, legal submissions and reliefs claimed. Each party will file statements of defense in reply to the statements of claims of others. The Mediator shall allow the Parties to produce documents in support of their claims.

  • The Mediator shall allow the Parties to be represented by their respective advocates, who have the authority to consummate a settlement. Any party may participate without representation (pro se).

  • Mediation sessions and related mediation communications are private proceedings. The Parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the Parties and with the consent of the Mediator.

• 8.4 Termination of Mediation

  • The mediation shall be terminated:

    1. • By the execution of a settlement agreement by the Parties; or

       • By a written or verbal declaration of the Mediator to the effect that further efforts at mediation would not contribute to a resolution of the Parties' dispute; or

       • By a written or verbal declaration of all Parties to the effect that the mediation proceedings are terminated; or

       • When there has been no communication between the Mediator and any party or party's representative for twenty (21) days following the conclusion of the mediation conference.

  • Each Party will pay its own costs and expense of the mediation unless the Parties agree otherwise. The expenses of participants for either side shall be paid by the party requesting the attendance of such participants.

  • The Parties agree that all mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived or precluded by both Parties or unless the evidence would otherwise be admissible or subject to discovery if it were not by reason of its disclosure or use in mediation.

  • Jurisdiction and venue of any controversy or claim brought under this mediation provision shall be submitted to a Mediator with a principal office in New York City, New York. The mediation shall occur at the office of the Mediator or at any neutral location located in New York City, New York. The Parties further agree that the laws of the State of New York shall govern all matters, claims or controversy submitted to mediation pursuant to the Agreement.

• 8.5 Severability

  • If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.

• 8.6 Waiver

  • Only an officer of XTREAMFX can, in writing, affect a waiver of the XTREAMFX Policies and Procedures. XTREAMFX's waiver of any particular breach by An Affiliate shall not affect XTREAMFX's rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Affiliate.

  • The existence of any claim or cause of action of an Affiliate against XTREAMFX shall not constitute a defense to XTREAMFX's enforcement of any term or provision of these Policies and Procedures.

• 8.7 Governing Law

  • Subject to and without waiving the terms set forth in Sections 8.2 (Mediation) and 8.3 (Termination of Mediation) above, jurisdiction and venue of any controversy or claim arising from the Agreement or between XTREAMFX and Affiliate, shall be in New York City, New York. The law of the State of New York shall govern all matters relating to or arising from the Agreement or between XTREAMFX and Affiliate.

• 9.1 PAYMENT OF COMMISIONS & BONUSES

• 9.2 Bonus and Commission Qualifications

  • An Affiliate must be active and in compliance with any and all XTREAMFX Policies and Procedures set forth herein, along with all guidelines implemented to qualify for bonuses and commissions. So long as an Affiliate complies with the terms and conditions set forth in the Agreement, XTREAMFX shall pay commissions to such Affiliates in accordance with the Compensation Plan and any amendments thereto.

  • XTREAMFX will not issue a payment earned of any form to an Affiliate without the receipt of the administrative fee and completed electronic XTREAMFX Application.

  • XTREAMFX reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $50.00.

• 9.3 Computation of Commissions and Discrepancies

  • In order to qualify to receive commissions and/or bonuses, an Affiliate must be in good standing and comply with the Terms of the Application and these Policies and Procedures. Commissions, bonuses, overrides, and achievement levels are calculated each month.

  • An Affiliate must review his or her monthly statement and bonus/commission reports promptly and report any discrepancies within thirty (30) days of receipt. After the thirty (30) day "grace period" no additional requests will be considered for commission recalculations.

  • For additional information on payment of commissions, please review the Compensation Plan.

• 9.4 Adjustments to Bonuses and Commissions for Returned Services or Affiliate Memberships.

  • An Affiliate receives bonuses and commissions based on the actual sales of Services to end consumers and to Affiliates through service purchases. When a service is returned to XTREAMFX for a refund from the end consumer or by An Affiliate, the bonuses and commissions attributable to the returned service will be deducted from the Affiliate who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.

  • In the event that an Affiliate terminates his or her position, and the amounts of the bonuses or commissions attributable to the returned Services have not yet been fully recovered by XTREAMFX, the remainder of the outstanding balance may be offset against any other amounts that may be owed by XTREAMFX to the terminated Affiliate.

  • For additional information on payment of commissions, please review the Compensation Plan.

• 10.1 ORDERING SERVICES

• 10.2 General Service Ordering Policies

  • "Bonus Buying" is strictly and absolutely prohibited. Bonus Buying includes; (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Application by such individuals or Business Entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Affiliates or Customers ("phantoms"); (d) purchasing XTREAMFX Services or services on behalf of another Affiliate or Customer, or under another Affiliate's or Customer's ID number, to qualify for commissions or bonuses; and/or (e) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end consumers.

  • XTREAMFX requires that Affiliates use their own credit cards and not allow others to use them. An Affiliate shall not use another Affiliate's or Customer's credit card or debit account to enroll in XTREAMFX or purchase Services without the account holder's written permission. Such documentation must be kept by the Affiliate indefinitely in case XTREAMFX needs to reference this.

  • Regarding an order with an invalid or incorrect payment, XTREAMFX will attempt to contact the Affiliate by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after the expiration of seven (7) business days, the order will be canceled.

  • Prices are subject to change without notice.

  • An Affiliate or Customer who is a recipient of an incorrect order must notify XTREAMFX within three (3) calendar days from receipt of the order and follow the Procedures as set forth in these Policies and Procedures, along with the Return/Exchange Policies and any and all guidelines instated and effective and any amendments thereto.

• 10.3 Sales to Customers

  • Sales to retail customers must be done directly through Affiliates' replicated websites.

  • Affiliates will comply with applicable consumer protection laws and regulations (including any consumer rights to receive specific notices and any rights to return services) afforded consumers under applicable consumer protection legislation.

  • The customer should contact XTREAMFX within seven (7) days of the initial sale.

• 10.4 Insufficient Funds

  • All electronic payments that are declined for insufficient funds will be automatically re-submitted for payment.

  • Any outstanding balance owed to XTREAMFX by an Affiliate or Customer of An Affiliate from NSF (non- sufficient funds) or insufficient fund fees (ACH), will be withheld by XTREAMFX from that Affiliate's future bonus and commission funds.

  • All transactions involving insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Affiliate, constitute grounds for disciplinary sanctions or termination of the account.

  • If a credit card order or automatic debit is declined the first time, the Customer or Affiliate will be contacted directly and a request for an alternate form of payment will be made before any product will be shipped. If payment is declined a second time, the Customer or Affiliate may be deemed ineligible to purchase XTREAMFX Services or services or participate in the monthly auto ship. Note: Participation by Affiliates in XTREAMFX's monthly auto ship, which is a recurring service order program, is entirely optional, and is not required in order to become An Affiliate, move up in rank or otherwise, fully participate in the Rewards Program.

• 10.5 Credit Card Purchases

  • Credit card purchases may only be made by the individual whose name and address are on the credit card. Any Affiliate or Customer who uses another individual's credit card to pay for purchases risks having his/her Account being placed on suspension pending an investigation and resolution of any complaints regarding unauthorized charges. XTREAMFX considers such transactions fraudulent and will report them to the proper authorities for settlement.

  • Under no circumstance will any Affiliate and/or Customer charge back any credit card purchases. Any Affiliate and/or Customer who does so will immediately lose all credit card ordering privileges until the charges are replaced with certified funds. If an erroneous charge is applied to an Affiliate and/or Customer's credit card, the Affiliate or Customer should immediately contact the XTREAMFX Support Team via email at info@xtreamfxgloabl.net to initiate an investigation and resolution.

  • If an Affiliate or Customer notifies his/or her banking institution and requests a chargeback for the amount of the purchase, the person's Account will be automatically closed indefinitely upon XTREAMFX's notification of the disputed purchase.

• 10.6 Sales Tax Obligation

  • The Affiliate shall comply with all federal and local taxes and regulations governing the sale of XTREAMFX Services.

  • XTREAMFX may collect and remit sales tax, on Affiliate orders. When orders are placed with XTREAMFX, sales tax is prepaid based upon the suggested retail price. XTREAMFX will remit the sales tax to the appropriate Provincial and local jurisdictions. The Affiliate may recover the sales tax when he or she makes a sale. XTREAMFXAffiliates are responsible for any additional sales taxes due on Services marked up and sold at a higher price.

  • XTREAMFX encourages each Affiliate to consult with a tax advisor for additional information for his or her business.

  • XTREAMFX may be required to charge and remit sales tax to the various states and U.S territories based on the retail price.

• 10.7 Refund Policy

  • XTREAMFX Customers:

    1. • If within the first seven (7) days, you are not satisfied with the service you must contact support by logging into im.academy and clicking the support button for a full refund of the service amount, with the exception of Bitcoin purchases.

  • XtreamFX does not refund any purchases completed through Bitcoin. There are no exceptions. All purchases are charged and refunded in U.S. Dollars. All refunds and exchanges will also be refunded or exchanged in U.S. Dollars. XtreamFX Global LLC is not responsible for fluctuating exchange rates.

• 11.1 XTREAMFX OPPORTUNITY

• 11.2 Presentation of Compensation Plan - Income Claims

  • In presenting the XTREAMFX opportunity to potential Customers and Affiliates, an Affiliate is required to comply with the following provisions:

  • AN Affiliate shall not misquote or omit any significant material fact about the Compensation Plan.

    1. • An Affiliate shall make it clear that the Compensation Plan is based upon sales of XTREAMFX Services and upon the sponsoring of other Affiliates.

       • An Affiliate shall make it clear that success can be achieved only through substantial and diligent independent efforts.

       • An Affiliate shall not make income projections, claims, or guarantees while presenting or discussing the XTREAMFX opportunity or Compensation Plan to prospective Affiliates or Customers. An Affiliate should inform all Affiliates that success requires substantial work. Income claims include, but not limited to, copies of Paylution checks, bank statements, rank earnings, tax documents, trading profits, Lifestyle claims and photos. I.e. Cash, Exotic cars, yachts. Income claims are prohibited at events and/or posting on Social Media, Websites, or Videos. If found to have posted income or lifestyle claims on social media, you will receive a warning to remove the post immediately. Repeated offenses will result in suspension or possible termination.

       • An Affiliate may not make any claims or show trading results based on or regarding Services offered by XTREAMFX, except those contained in official XTREAMFX literature.

       • An Affiliate may not use official XTREAMFX material to promote the XTREAMFX business opportunity in any country where XTREAMFX has not established a "presence" or is duly authorized to conduct business.

• 11.3 Events

  • Affiliates are limited to charging $30.00 per person for events.

  • Compliance must approve all marketing materials.

• 11.4 Trading Policies

  • Affiliates or customers are strictly prohibited from selling Signals, Trading Bots, Auto-traders or taking investments to trade. Any violation of these will result in immediate termination.

  • An Affiliate must always cover profits when posting winning trades on social media. Trading Challenges or projected Growth charts are prohibited.

• 11.5 Sales Requirements Are Governed by the Compensation Plan

  • There are no exclusive territories granted to anyone. No franchise fees are applicable to an XTREAMFX business. XTREAMFX Services may only be sold where XTREAMFX is licensed or otherwise authorized to conduct business.

• 12.1 PROPRIETARY INFORMATION & TRADE SECRETS

• 12.2 Business Reports, Lists, and Proprietary Information

  • By agreeing to the XTREAMFX Affiliate Agreement, the Affiliate acknowledges that business reports, lists of Customer and Affiliate names and contact information and any other information, which contain financial, technical or other information both written or otherwise circulated by XTREAMFX or pertaining to the business of XTREAMFX (collectively, "Reports"), are confidential and proprietary information and trade secrets belonging to XTREAMFX.

• 12.3 Obligation of Confidentiality

  • During the term of the XTREAMFX Affiliate Agreement and for a period of one (1) year after the termination or expiration of the Affiliate Agreement between the Affiliate and XTREAMFX, the Affiliate shall not;

  • Use the information in the Reports to compete with XTREAMFX or for any purpose other than promoting his or her XTREAMFX business;

  • Use or disclose to any person or entity any confidential information contained in the reports, including the replication of the genealogy in another network marketing company.

• 12.4 Breach and Remedies

  • The Affiliate acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to XTREAMFX and to independent XTREAMFX businesses. XTREAMFX and its Affiliates will be entitled to injunctive relief or to recover damages against any Affiliate who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of lawyer's fees, court costs and expenses.

• 12.5 Return of Materials

  • Upon demand by XTREAMFX, any current or former Affiliate will return the original and all copies of all "Reports" to XTREAMFX together with any XTREAMFX confidential information in such person's possession.

• 13.1 PRIVACY POLICY

• 13.2 Introduction

  • This Privacy Policy is to ensure that all Customers and Affiliates understand and adhere to the basic principles of confidentiality. Without limiting the terms of this section 7.0, all Affiliates must comply with applicable privacy laws governing the collection, use and disclosure of Customer and fellow Affiliate information.

• 13.3 Expectation of Privacy

  • XTREAMFX recognizes and respects the importance its Customers and Affiliates place on the privacy of their financial and personal information. XTREAMFX will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers', and Affiliates' financial and account information and nonpublic personal information.

  • By entering into the Affiliate Agreement, an Affiliate or Customer authorizes XTREAMFX to disclose his or her name and contact information to upline Affiliates solely for activities related to the furtherance of the XTREAMFX business. An Affiliate hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his or her downline organization and conducting the XTREAMFX business.

• 13.4 Employee Access to Information

  • XTREAMFX limits the number of employees who have access to Customer's and Affiliates' nonpublic personal information.

• 13.5 Restrictions on the Disclosure of Account Information

  • XTREAMFX will not share non-public personal information or financial information about current or former Customers or Affiliates with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers', or Affiliates' interests or to enforce its rights or obligations under these Policies and Procedures, or Affiliate's Agreement or with written permission from the accountholder on file.

• 14.1 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS

• 14.2 Labeling, Packaging, and Displaying Services

  • An Affiliate and/or Customer may not re-label, or alter labels, electronically or otherwise any XTREAMFX service, information, materials or program(s) in any way. XTREAMFX Services must only be sold through the XTREAMFX ecosystem of replicated websites, hosted on XTREAMFX servers. Such re-labeling violates federal and regulatory laws, which may result in criminal or civil penalties or liability.

  • An Affiliate shall not cause any XTREAMFX service or any XTREAMFX trade name to be sold or displayed in retail establishments except;

    1. • Where the retail establishment is owned or managed by the XTREAMFX Affiliate and the establishment does not exceed $1 million in annual gross revenue, and there are five (5) or fewer establishments under common ownership of management.

  • An Affiliate may sell XTREAMFX Services and display the XTREAMFX trade name at any appropriate display booth (such as trade shows, expositions, conferences etc.) with the express written consent of XTREAMFX.

    1. • An Affiliate or Customer is prohibited to sell XTREAMFX Services and display the XTREAMFX trade name, trademark or service mark at any kiosk or booth located in any retail establishment, such as a mall or retail facility.

       • XTREAMFX reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its Services and services, or the XTREAMFX opportunity.

• 14.3 Use of Company Names and Protected Materials

  • An Affiliate must safeguard and promote the good reputation of XTREAMFX and the Services it markets. The marketing and promotion of XTREAMFX, the XTREAMFX opportunity, the Compensation Plan, and XTREAMFX Services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.

  • All promotional materials supplied or created by XTREAMFX must be used in their original form and cannot be changed, amended or altered, except with prior written approval from the XTREAMFX Compliance Team.

  • The name of XTREAMFX, each of its service names and other names that have been adopted by XTREAMFX, in connection with its business are proprietary trade names, trademarks and service marks of XTREAMFX. As such, these marks are of great value to XTREAMFX and are supplied to Affiliates for their use only in an expressly authorized manner.

  • An Affiliate's use of the name "XTREAMFX" is restricted to protect XTREAMFX proprietary rights, ensuring that the XTREAMFX protected names will not be lost or compromised by unauthorized use. Use of the XTREAMFX name on any item not produced by XTREAMFX is prohibited except as follows:

    1. • [Affiliate's name] Independent XTREAMFX Affiliate or XTREAMFX Independent Business Owner.

       • [Affiliate's name] Independent Affiliate of XTREAMFX Services.

  • Further procedures relating to the use of the XTREAMFX name are as follows:

    1. • All stationary (i.e. letterhead, envelopes, and business cards) bearing the XTREAMFX name or logo intended for use by the XTREAMFX Affiliate must be submitted via email to the XTREAMFX Compliance Team for approval. Submit to: mailto: info@xtreamfxgloabl.net.

       • XTREAMFX Affiliates may list "Independent XTREAMFX Affiliate" in the white pages of the telephone directory under his or her own name.

       • XTREAMFX Affiliates may not use the name XTREAMFX or XTREAMFX in answering his or her telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, "Independent XTREAMFX Affiliate."

  • Certain photos and graphic images used by XTREAMFX in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to Affiliates. If an Affiliate wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.

  • An Affiliate shall not appear on or make use of television or radio or make use of any other media to promote or discuss XTREAMFX or its programs, services without prior written permission from the XTREAMFX Compliance Team.

    1. • An Affiliate may not produce for sale or distribution any Company event or speech, nor may an Affiliate reproduce XTREAMFX audio or video clips for sale or for personal use without prior written permission from the XTREAMFX Compliance Where professional services are the primary source of revenue and the service sales are secondary (e.g., d's offices, clinics, health clubs, spas and beauty salons); Team.

  • XTREAMFX reserves the right to rescind its prior approval of any sales aid or promotional materials to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Affiliate.

  • An Affiliate shall not promote non-XTREAMFX Services or services in conjunction with XTREAMFX Services or services on the same social media site or same advertisement without prior approval from XTREAMFX Compliance Team.

  • Claims (which include personal testimonials) of any Services offered by XTREAMFX may not be made except those contained in official XTREAMFX literature. In particular, no Affiliate may make any claim that XTREAMFX Services guarantee financial, of investment growth, profits, or any other financial team seen as a purported or guarantee of return on investment. Such statements can be perceived as investment claims. Not only do such claims violate XTREAMFX policies, but they also potentially violate federal and provincial laws and regulations.

• 14.4 Faxes and E-mail - Limitations

  • Except as provided in this section, an Affiliate may not use or transmit unsolicited email, mass email distribution, other commercial electronic messages or "spamming" that advertises or promotes the operation of his or her XTREAMFX business. The exceptions are;

    1. • E-mailing any person who has given prior permission or invitation;

       • E-mailing any person with whom the Affiliate has established a current business or personal relationship.

  • In all states or U.S. or International territories where prohibited by law, an Affiliate may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.

  • All e-mail or computer broadcasted documents subject to this provision shall include each of the following;

    1. • A clear and obvious identification that the fax or e-mail message is an advertisement or solicitation. The words "advertisement" or "solicitation" should appear in the subject line of the message;

       • A clear return path or routing information;

       • The use of legal and proper domain name;

       • A clear and obvious notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;

       • Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;

       • The true and correct name of the sender, valid senders fax or e-mail address, and a valid sender physical address;

       • The date and time of the transmission;

       • Upon notification by the recipient of his or her request not to receive further faxed or emailed documents, an Affiliate shall not transmit any further documents to that recipient.

  • All e-mail or computer broadcasted documents subject to this provision shall not include any of the following;

    1. • Use of any third-party domain name without permission;

       • Sexually explicit materials.

• 14.5 Internet and Third-Party Website Restrictions

  • An Affiliate and/or Customer is prohibited from creating or registering any third-party website in order to promote, sell or advertise their XTREAMFX business. AN Affiliate and/or Customer is prohibited to use or attempt to register any of XTREAMFX's trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the XTREAMFX name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.

  • An Affiliate may not sell XTREAMFX Services, or offer the Business Opportunity using "online auctions," such as eBay®, Amazon, Etsy or other external retail websites or auction sites.

  • Social Media sites may be used to sell or offer to sell XTREAMFX Services or services. PROFILES AN Affiliate OR CUSTOMER GENERATES IN ANY SOCIAL COMMUNITY WHERE XTREAMFX IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE Affiliate AS AN INDEPENDENT XTREAMFX Affiliate, and when An Affiliate and/or Customer participates in those communities, XTREAMFX Affiliates and/or Customers must avoid inappropriate conversations, comments,
    images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at XTREAMFX's sole discretion, and offending XTREAMFX Affiliate and/or Customer will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the XTREAMFX approved library, official XTREAMFX website or social media outlet. If a link is provided, it must link to the posting Affiliate's Replicated website.

  • Anonymous postings or use of an alias on any Social Media site is prohibited, and offending XTREAMFX Affiliates will be subject to disciplinary action.

  • XTREAMFX Affiliates and/or Customers may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Affiliates or Customers create, or leave must be useful, unique, relevant and specific to the blog's article.

  • Affiliates and/or Customers must disclose their full name on all Social Media postings, and conspicuously identify themselves as an Independent XTREAMFX Affiliate for XTREAMFX. Anonymous postings or use of an alias is prohibited.

  • Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the XTREAMFX income opportunity, XTREAMFX's Services and services, and/or your biographical information and credentials.

  • An Affiliate and/or Customer are personally responsible for their postings and all other online activity that relates to XTREAMFX. Therefore, even if An Affiliate does not own or operate a blog or Social Media site, if An Affiliate and/or Customer posts to any such site that relates to XTREAMFX or which can be traced to XTREAMFX, the Affiliate is responsible for the posting. Affiliate and/or Customer are also responsible for postings which occur on any blog or Social Media site that the Affiliate and/or Customer owns, operates, or controls.

  • As an Affiliate, it is important to not converse with any person who places a negative post against you, other XTREAMFX Affiliates, or XTREAMFX. Report negative posts to XTREAMFX at info@xtreamfxgloabl.net. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as XTREAMFX, and therefore damages the reputation and goodwill of XTREAMFX.

  • The distinction between a Social Media site and a website may not be clear- cut, because some Social Media sites are particularly robust, XTREAMFX therefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites which are herein prohibited.

  • If your XTREAMFX business is cancelled for any reason, you must discontinue using the XTREAMFX name, and all of XTREAMFX's trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified
    yourself as an Independent XTREAMFX Affiliate, you must conspicuously disclose that you are no longer an Independent XTREAMFXAffiliate.

  • Failure to comply with these Policies for conducting business online may result in the Affiliate losing their right to advertise and market XTREAMFX services and XTREAMFX's business opportunity online in addition to any other disciplinary action available under the Policies and Procedures.

• 14.6 Advertising and Promotional Materials

  • You may not advertise any XTREAMFX Services at a price LESS than the highest company published, established retail price of the XTREAMFX service and applicable taxes. No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, or other such offers that grant advantages beyond those available through the Company.

  • Advertising and all forms of communications must adhere to principles of honesty and propriety.

  • All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the XTREAMFX Compliance Team.

  • All requests for approvals with respect to advertising must be directed in writing to the XTREAMFX Compliance Team.

  • AN Affiliate who is currently paid at the Chairman 250 rank may create his or her own ads or promotional materials including the development of commercials or infomercials. However, all such materials, and any subsequent changes thereto, shall be submitted to the XTREAMFX Compliance Team for approval.

  • Chairmen 250 are encouraged to work with the Compliance Team prior to the production of commercials, infomercials, or websites.

  • XTREAMFX reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations, and may require the removal of such advertisements from the marketplace without obligation to the affected XTREAMFX Affiliate.

• 14.7 Testimonial Permission

  • By agreeing to the XTREAMFX Affiliate Agreement, An Affiliate gives XTREAMFX permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the XTREAMFX Business Opportunity, An Affiliate waives any right to be compensated for the use of his or her testimonial or image and likeness even though XTREAMFX may be paid for items or sales materials containing such image and likeness, and represents that any testimonial represents XTREAMFX Affiliate's current, original, honest opinion,
    thoughts, beliefs, findings or experiences, based on Affiliate's actual experience with XTREAMFX and any stated use of XTREAMFX Services and/or services, and agrees to notify Affiliate immediately of any changes in the views expressed in the testimonial. In some cases, An Affiliate's testimonial may appear in another XTREAMFX Affiliate's advertising materials. If an Affiliate does not wish to participate in XTREAMFX sales and marketing materials, he or she should provide a written notice to the XTREAMFX Compliance Team to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.

• 14.8 Telemarketing - Limitations

  • AN Affiliate must not engage in telemarketing in relation to the operation of the XTREAMFX Affiliate's XTREAMFX business. The term "telemarketing" means the placing of one or more telephone calls or facsimile transmissions to an individual or entity to induce the purchase of XTREAMFX Services or to recruit them for the XTREAMFX opportunity.

  • ; The federal government administers the Unsolicited Telecommunication Rules and operates a national Do-Not-Call registry that requires businesses to refrain from calling phone numbers listed on the national "Do-Not-Call" list (DNCL) and or people who tell the caller directly not to call/fax in the future.

  • While an Affiliate may not consider himself or herself a "telemarketer" in the traditional sense, these regulations broadly define the term "telemarketer" and "telemarketing" so that the unintentional action of calling someone whose telephone number is listed on the Federal "Do Not Call" registry could cause the Affiliate to violate the law. These regulations must not be taken lightly, as they carry significant penalties.

  • "Cold calls" or unsolicited calls/faxes made to prospective Customers or Affiliates in order to promote XTREAMFX Services, services or the XTREAMFX opportunity is considered telemarketing and is prohibited.

  • Exceptions to Telemarketing Regulations

  • AN Affiliate may place telephone calls or faxes to prospective Customers, or Affiliates under the following limited situations:

    1. • If the Affiliate has an established current business relationship with the prospect;

       • In response to the prospect's personal inquiry or application regarding a product or service offered by the XTREAMFXAffiliate, within 3 months immediately before the date of such a call/fax;

       • If the Affiliate receives written and signed permission from the prospect authorizing the Affiliate to call/fax;

       • If the call/fax is to family members, personal friends, and
         acquaintances. However, if an Affiliate makes a habit of collecting business cards from everyone he/she meets and subsequently calls/faxes them, the federal government may consider this a form of telemarketing that is not subject to this exemption;

       • XTREAMFX Affiliates engaged in calling "acquaintances," must make such calls/faxes on an occasional basis only and not as a routine practice.

  • AN Affiliate shall not use automatic telephone dialing systems in the operation of his or her XTREAMFX businesses.

  • Failure to abide by XTREAMFX policies or regulations as set forth by the federal government regarding telemarketing may lead to sanctions against the XTREAMFX Affiliate's position, up to and including termination of the position.

  • By signing the XTREAMFX Affiliate Agreement, or by accepting commissions, other payments or awards from XTREAMFX, an Affiliate gives permission to XTREAMFX and other XTREAMFX Affiliates to contact them as permitted under the Federal Do Not Call regulations.

  • In the event An Affiliate violates this section, XTREAMFX reserves the right to institute legal proceedings to obtain monetary or equitable relief.

• 15.1 XtreamFX Global LLC

• 15.2 International Marketing Policy

  • AN Affiliate is authorized to sell XTREAMFX services, to Customers and XTREAMFX Affiliates only in the countries in which XTREAMFX is authorized to conduct business, according to the Policies and Procedures of each country. XTREAMFX Affiliates may not sell services in any country where XTREAMFX services have not received applicable government authorization or approval.

  • AN Affiliate may not, in any unauthorized country, conduct sales, enrollment or training meetings, enroll or attempt to enroll potential Customers, or Affiliates, nor conduct any other activity for the purpose of selling XTREAMFX services, establishing a sales organization, or promoting the XTREAMFX business opportunity.

• 16.0 XTREAMFX GLOSSARY OF TERMS

  • ACTIVE Affiliate: AN Affiliate who is in good standing with respect to the Agreement and who satisfies the minimum sales volume requirements, as set forth in the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions.

  • AGREEMENT: The contract between XTREAMFX and each XTREAMFX Affiliate and Customer; includes the Affiliate Agreement, the XTREAMFX Policies and Procedures, and the XTREAMFX Compensation Plan, all in their current form and as amended by XTREAMFX in its sole
    discretion in accordance with the terms hereof. These documents are collectively referred to as the "Agreement."

  • CANCEL:The termination of An Affiliate's business. Cancellation may be either voluntary, involuntary, or through non-renewal.

  • COMPENSATION PLAN:The guidelines and referenced literature for describing how Affiliates can generate commissions and bonuses

  • CUSTOMER: A Customer who purchases XTREAMFX Services and does not engage in building a business or retailing products.

  • Affiliate: AN Affiliate who enrolls a Customer, or another Affiliate into the Company, and is listed as the Sponsor on the Affiliate Agreement. The act of enrolling others and training them to become Affiliates is called "Sponsoring."
    *Note: Any reference to "personally enrolling/sponsoring" herein is simply descriptive of the method of building a community of Affiliates, ie. personally, enrolling other participants into the Plan. The phrase is not intended to imply any connection between the simple act of recruitment, sponsorship, or enrollment, and payment of compensation.

  • Affiliate'S/Affiliate'S WALLET: Is a secure site that manages XTREAMFX Affiliate's commissions.

  • SPONSOR*: AN Affiliate who enrolls a Customer, Retailer, or another XTREAMFX Affiliate into the Company, and is listed as the Sponsor on the Affiliate Agreement. The act of enrolling others and training them to become XTREAMFX Affiliates is called "sponsoring."
    *Note: Any reference to "personally enrolling/sponsoring" herein is simply descriptive of the method of building a community of Affiliates, ie. personally enrolling other participants into the Plan. The phrase is not intended to imply any connection between the simple act of recruitment, sponsorship, or enrollment, and payment of compensation.

  • Affiliate: An individual or entity who actively promotes, markets and sells XTREAMFX Services for profit and who actively seeks and recruits others to do the same in accordance with the Agreement.

  • LINE OF SPONSORSHIP (LOS): A report generated by XTREAMFX that provides critical data relating to the identities of Affiliates, sales information, and enrollment activity of each XTREAMFX Affiliate's organization. This report contains confidential and trade secret information which is proprietary to XTREAMFX.

  • ORGANIZATION: The Customers and XTREAMFX Affiliate placed below a particular Affiliate

  • OFFICIAL XTREAMFX MATERIAL: Literature, audio or video tapes, and/or any other materials developed, printed, published, or distributed by XTREAMFX to Affiliate and Customers.

  • PLACEMENT: Your position inside your Sponsor's organization.

  • RECRUIT: For purposes of the Agreement, the term "Recruit" means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any
    another way, either directly, indirectly, or through a third party, another XTREAMFXAffiliate or Customer to enroll or participate in another multi level marketing, network marketing, or direct sales opportunity.

  • UPLINE: This term refers to the XTREAMFX Affiliate or Affiliates above a particular XTREAMFX Affiliate or Sponsor in a sponsorship line up to the Company. It is the line of sponsors that links any particular Affiliate to the Company.