vCard Affiliate Agreement
vCard Global, Inc.
STATEMENT OF POLICIES and PROCEDURES
Effective March 1, 2016
To financially empower millions of families worldwide by providing both, an unparalleled Digital Business Card for use by everyone, as well as an unmatched 'Earnings' opportunity for entrepreneurs who want to share our vCard Affiliate program and earn commissions.
These Policies and Procedures, in their present form and as amended by vCard Global, LLC (hereafter “vCard Global” or the “Company”), are incorporated into, and form an integral part of, the vCard Global Affiliate Agreement. It is the responsibility of each vCard Affiliate to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the vCard Global Affiliate Application and Agreement, these Policies and Procedures, the vCard Global Compensation Plan, and the vCard Global Business Entity Application (if applicable). These documents are incorporated by reference into the vCard Global Affiliate Agreement (all in their current form and as amended by vCard Global).
vCard Global reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By executing the vCard Affiliate Agreement, a vCard Affiliate agrees to abide by all amendments or modifications that vCard Global elects to make. Amendments shall be effective thirty (30) days after publication of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) electronic mail (e-mail); and (2) posting in vCard Affiliate’ back-offices. The continuation of a vCard Affiliate’s business, the acceptance of any benefits under the Agreement, or a vCard Affiliate’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of vCard Global to exercise any right or power under the Agreement or to insist upon strict compliance by a vCard Affiliate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of vCard Global’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an vCard Affiliate against vCard Global shall not constitute a defense to vCard Global’s enforcement of any term or provision of the Agreement.
SECTION 3 - BECOMING A vCARD AFFILIATE
3.1 - Requirements to Become an vCard Affiliate
To become a vCard Affiliate, each applicant must:
- Be at least 18 years of age;
· Reside in the United States or U.S. Territories or country that vCard Global has officially announced is open for business;
· Provide vCard Global with his/her valid Social Security or Federal Tax ID number;
· Purchase a vCard Global Marketing Website (optional in North Dakota, Massachusetts and Wyoming for residents of those states);
· Submit a properly completed vCard Affiliate Application and Agreement to vCard Global either in hard copy or online format;
· Submit an IRS form W-9. If a valid W-9 is not received by the Company within 30 days from the date of the Applicant’s enrollment, the enrollment process will not be finalized and the applicant shall not be permitted to become an vCard Affiliate, sell the Company’s products, or participate in the vCard Global Compensation Plan.
vCard Global reserves the right to accept or reject any vCard Affiliate Application and Agreement for any reason or for no reason.
No person is required to purchase vCard Global products, services. In order to familiarize new vCard Affiliates with vCard Global products, services, sales techniques, sales aids, and other matters, the Company provides a vCard Affiliate Back-Office.
Once an vCard Affiliate Application and Agreement has been accepted by vCard Global, the benefits of the Compensation Plan and the vCard Affiliate Agreement are available to the new vCard Affiliate. These benefits include the right to:
· Sell vCard Global products and services;
· Participate in the vCard Global Compensation Plan (receive bonuses and commissions, if eligible);
· Sponsor other individuals as vCard Customers and vCard Affiliate into the vCard Global business and thereby, build a marketing organization and progress through the vCard Global Compensation Plan;
· Receive periodic vCard Global literature and other vCard Global communications;
· Participate in vCard Global-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
· Participate in promotional and incentive contests and programs sponsored by vCard Global for its vCard Affiliate.
The term of the vCard Affiliate Agreement is one year from the date of its acceptance by vCard Global. vCard Affiliate must renew their vCard Affiliate Agreement each year by paying an annual renewal fee of $124.00 on or before the anniversary date of their vCard Affiliate Agreement. If the renewal fee is not paid within 30 days after the expiration of the current term of the VCard Affiliate Agreement, the VCard Affiliate Agreement will be canceled but the vCard can still use their vCard digital business card.
vCard Affiliate must adhere to the terms of the vCard Global Compensation Plan as set forth in official vCard Global literature. vCard Affiliate shall not offer the vCard Global opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official vCard Global literature. vCard Affiliates shall not require or encourage other current or prospective vCard Affiliates to execute any agreement or contract other than official vCard Global agreements and contracts in order to become a vCard Affiliate. Similarly, vCard Affiliates shall not require or encourage other current or prospective vCard Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the vCard Global Compensation Plan other than those purchases or payments identified as recommended or required in official vCard Global literature.
All vCard Affiliates shall safeguard and promote the good reputation of vCard Global and its products. The marketing and promotion of vCard Global, the vCard Global opportunity, the Compensation Plan, and vCard Global products must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
To promote both the products and services, and the tremendous opportunity vCard Global offers, vCard Affiliate must use the sales aids, business tools, and support materials produced by vCard Global. The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the
legal requirements of federal and state laws.
Accordingly, vCard Affiliate may only advertise or promote their vCard Global business using approved tools, templates or images acquired through vCard Global. No approval is necessary to use these approved tools. If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the vCard Global advertising department support@vCardGlobal.com for consideration and inclusion in the template/image library. Unless you receive specific written approval from vCard Global to use such tools, the request shall be deemed denied
vCard Affiliate may not sell sales aids to other vCard Global vCard Affiliates. Therefore, a vCard Affiliate who receive authorization from vCard Global to produce their own sales aids may not sell such material to any other vCard Global VCard Affiliate. vCard Affiliates may make approved material available to other vCard Affiliate of charge if they wish, but may not charge other vCard Global vCard Affiliate for the material.
vCard Global further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and vCard Affiliate waive all claims for damages or remuneration arising from or relating to such rescission.
The name of vCard Global and other names as may be adopted by vCard Global are proprietary trade names, trademarks and service marks of vCard Global (collectively “marks”). As such, these marks are of great value to vCard Global and are supplied to vCard Affiliate for their use only in an expressly authorized manner. vCard Global will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including vCard Global vCard Affiliate, in any unauthorized manner without its prior, written permission.
The content of all Company sponsored events is copyrighted material. vCard Affiliate may not produce for sale or distribution any recorded Company events and speeches without written permission from vCard Global, nor may vCard Affiliate reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As an independent vCard Affiliate, you may use the vCard Global name in the following manner
vCard Affiliate’s Name
Independent vCard Affiliate
Independent vCard Affiliate
vCard Affiliate may not use the name vCard Global in any form in your team name, a tagline, an external website name, your personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Independent vCard Affiliate in your phone greeting or on your answering machine to clearly separate your independent vCard Global business from vCard Global. For example, you may not secure the domain name www.buy vCard Global.com, nor may you create an email address such as MyvCardGlobal@gmail.com or vCardGlobal@gmail.com.
If you use a vCard Global logo in any communication, you must use the Independent vCard Affiliate version of the vCard Global logo. Using any other vCard Global logo requires written approval. Please see examples below:
Logos Approved for vCard Affiliate Use
vCard Affiliate must not attempt to respond to media inquiries regarding vCard Global, its products or services, or their independent vCard Global business. All inquiries by any type of media must be immediately referred to vCard Global’s Compliance Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
4.2.4 - Unsolicited Email
vCard Global does not permit an vCard Affiliate to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by a VCard Affiliate that promotes vCard Global, the vCard Global opportunity, or vCard Global products and services must comply with the following:
- There must be a functioning return email address to the sender.
- There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
- The email must include the VCard Affiliate’s physical mailing address.
- The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
- The use of deceptive subject lines and/or false header information is prohibited.
- All opt-out requests, whether received by email or regular mail, must be honored. If a vCard Affiliate receives an opt-out request from a recipient of an email, the vCard Affiliate must forward the opt-out request to the Company.
vCard Global may periodically send commercial emails on behalf of a vCard Affiliate. By entering into the vCard Affiliate Agreement, vCard Affiliate agrees that the Company may send such emails and that the vCard Affiliate’s physical and email addresses will be included in such emails as outlined above. vCard Affiliate shall honor opt-out requests generated as a result of such emails sent by the Company.
Except as provided in this section, vCard Affiliate may not use or transmit unsolicited faxes in connection with their vCard Global business. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting vCard Global, its products, its compensation plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the vCard Affiliate has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two-way communication between an VCard Affiliate and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such VCard Affiliate; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
vCard Affiliate may list themselves as an “Independent vCard Affiliate” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No vCard Affiliate may place telephone or online directory display ads using vCard Global's name or logo. vCard Affiliate may not answer the telephone by saying “vCard Global”, “vCard Global Inc.”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of vCard Global. If a vCard Affiliate wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
vCard Affiliate's Name
Independent vCard Affiliate
4.2.7 - Television and Radio Advertising
vCard Affiliate may not advertise on television and radio except with vCard Global’s express written approval.
4.2.8 - Advertised Prices
vCard Affiliate may not create their own marketing or advertising material offering any vCard Global products at a price less than the current listed price in the Back-Office plus shipping and applicable taxes.
4.3 - Online Conduct
vCard Affiliates are provided with a replicated website by vCard Global, from which they can pffer Global’s vCard, enroll new vCard Affiliates, enroll Affiliates, as well as manage their vCard Global business. vCard Global may provide corporate Landing Pages that vCard Affiliate may use as a site that prospective customers are directed to before going to vCard Affiliate Replicated site.
vCard Affiliates may create their own landing page, so long as it is compliant with the terms, of vCard Global Policies & Procedures and will be required to be submitted for approval as outlined in section 4.2.1 and receive written approval prior to it being put into place. vCard Affiliate may use replicated websites provided by vCard Global to promote their vCard Global business.
vCard Affiliate may create their own websites, so long as the website, the URL and its content comply with the terms of vCard Global’s Policies and Procedures. vCard Affiliate who wish to utilize their own websites to promote their vCard Global business and generate sales of vCard Global’s products and services must submit a beta site to vCard Global for review, and receive vCard Global’s written approval before the site can go live. Once a website is approved by vCard Global in writing, it is a Registered External Website. Any changes to the website must be submitted to vCard Global, and the VCard Affiliate must receive vCard Global’s written authorization to make the change before going live with the change.
vCard Affiliate receive a vCard Global Replicated Website subscription to facilitate online buying experience for their customers and enrollments for prospects. vCard Affiliate are solely responsible and liable for the content they add to their Replicated Website and must regularly review the content to ensure it is accurate and relevant.
vCard Affiliate may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-vCard Global products, services or business opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
1. The vCard Global Independent VCard Affiliate Logo
2. Your Name
3. vCard Global Corporate Website Redirect Button
4. Artwork, logos, or graphics
5. Original text.
Because Replicated Websites reside on the vCardGlobal.com domain, vCard Global reserves the right to receive analytics and information regarding the usage of your website.
By default, your vCard Global Replicated Website URL is (Name).vCardGlobal.com You can choose a uniquely identifiable website name that cannot:
a) Be confused with other portions of the vCard Global corporate website;
b) Confuse a reasonable person into thinking they have landed on a vCard Global corporate page;
c) Be confused with any vCard Global name;
d) Contain any discourteous, misleading, or off-color words or phrases that may damage vCard Global’s image.
e) Contain any publically recognized business name that is not owned by you (i.e. Century 21, Pizza Hut, Amway etc.)
vCard Affiliate are solely responsible and liable for their own Registered External Website content, messaging, claims, and information and must ensure that it appropriately represents and enhances the vCard Global brand and adheres to vCard Global’s Policies and Procedures. Additionally, Registered External Websites must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at vCard Global’s sole discretion.
To avoid confusion, the following three elements must be prominently displayed at the top of every page of your Registered External Website:
1. The vCard Global Independent VCard Affiliate Logo
2. Your Name and Title
3. vCard Global Corporate Website Redirect Button
Although vCard Global brand themes and images are desirable for consistency, anyone landing on any page of an VCard Affiliate’s External Website must clearly understand that they are at an Independent VCard Affiliate site, and not a vCard Global Corporate page.
Your vCard Global external website must contain content and information that is exclusive to vCard Global. You may not advertise other products or services other than the vCard Global product line and the vCard Global opportunity.
An VCard Affiliate’s Registered External Website must only facilitate the entry into his/her vCard Global Replicated Website. vCard Affiliate may not stock and sell vCard Global products, nor may you facilitate an eCommerce environment that would facilitate this model. All orders must be placed through your official Replicated Website or VCard Affiliate Workstation.
In the event of the voluntary or involuntary cancellation of your VCard Affiliate Agreement, you must remove your Registered External Website from public view within three days and redirect (forward) all traffic from that domain to www.vCardGlobal.com. Your external website may be transferred to another vCard Global consultant, subject to vCard Global approval, on a case-by-case basis.
4.3.8 - Team Websites
You may use team websites for the purposes of connecting, communicating, training, education and sharing best practices among team members. Because these sites may contain sensitive and Company-specific information, these team websites must be password protected and may only be shared with members of your Sales Organization.
You are not allowed to use or register vCard Global or any of vCard Global’s trademarks, product names, or any derivatives, for any Internet domain name, email address, or online aliases. Additionally, you cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of vCard Global. Examples of the improper use of vCard Global include, but are not limited to: vCard Global showing up as the sender of an email.
When directing readers to your Registered External Website or replicated site it must be evident from a combination of the link, and the surrounding context, to a reasonable reader, that the link will be resolving to the site of an independent vCard Global VCard Affiliate. Attempts to mislead web traffic into believing they are going to a vCard Global corporate site, when in fact they land at an VCard Affiliate site (replicated or registered external) will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be at vCard Global’s sole discretion.
vCard Affiliate may not monetize their Replicated Website or their Registered External Website through vCard Affiliate programs, AdSense or similar programs.
You may not use online classifieds (including Craigslist) to list, sell or retail specific vCard Global products or product bundles. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the vCard Global business opportunity, provided vCard Global-approved templates/images are used. These templates will identify you as an Independent vCard Affiliate. If a link or URL is provided, it must link to your Replicated Website or your Registered External Website.
vCard Global’s products and services may not be listed on eBay or other online auctions, nor may vCard Affiliate enlist or knowingly allow a third party to sell vCard Global products on eBay or other online auction.
vCard Affiliate may not list or sell vCard Global products on any online retail store or ecommerce site, nor may you enlist or knowingly allow a third party to sell vCard Global products on any online retail store or ecommerce site.
You may place banner advertisements on a website provided you use vCard Global-approved templates and images. All banner advertisements must link to your Replicated Website or a Registered External Website. vCard Affiliate may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with vCard Global products or the vCard Global opportunity.
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
vCard Affiliate may upload, submit or publish vCard Global-related video, audio or photo content that they develop and create so long as it aligns with vCard Global values, contributes to the vCard Global community greater good and is in compliance with vCard Global’s Policies and Procedures. All submissions must clearly identify you as an Independent vCard Global VCard Affiliate in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. vCard Affiliate may not upload, submit or publish any content (video, audio, presentations or any computer files) received from vCard Global or captured at official vCard Global events or in buildings owned or operated by vCard Global without prior written permission.
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to either the sponsoring vCard Affiliate’s Replicated Website or to the sponsoring VCard Affiliate’s Registered External Website. The display URL must also be to either the sponsoring vCard Affiliate’s Replicated Website or to your Registered External Website, and must not portray any URL that could lead the user to believe they are being directed to a vCard Global Corporate site, or be inappropriate or misleading in any way.
Except as set forth in the vCard Affiliate Website Application and Agreement, vCard Affiliate may not use or attempt to register any of vCard Global’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.
4.3.20 - Social Media
Social Media may be used by vCard Affiliate to share information about the vCard Global business opportunity and for prospecting and sponsoring. However, vCard Affiliate who elect to use Social Media must adhere to the Policies and Procedures in all respects.
Social Media sites may be used to offer vCard products or services. Profiles an vCard Affiliate generates in any social community where vCard Global is discussed or mentioned must clearly identify the vCard Affiliate as an Independent vCard Affiliate, and when a vCard Affiliate participates in those communities, vCard Affiliates 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 vCard Global’s sole discretion, and offending thevCard Affiliate will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the vCard Global approved library. If a link is provided, it must link to the posting VCard Affiliate’s Replicated Website or a Registered External Website.
vCard Affiliate may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments vCard Affiliates create or leave must be useful, unique, relevant and specific to the blog’s article.
188.8.131.52 - vCard Affiliate Are Responsible for Postings
vCard Affiliates are personally responsible for their postings and all other online activity that relates to vCard Global. Therefore, even if a vCard Affiliate does not own or operate a blog or Social Media site, if a VCard Affiliate posts to any such site that relates to vCard Global or which can be traced to vCard Global, the vCard Affiliate is responsible for the posting. vCard Affiliates are also responsible for postings which occur on any blog or Social Media site that the vCard Affiliate owns, operates, or controls.
184.108.40.206 - Identification as a vCard Affiliate
You must disclose your full name on all Social Media postings, and conspicuously identify yourself as an independent vCard Affiliate for vCard Global. Anonymous postings or use of an alias is prohibited.
Social Media sites are relationship-building sites. While building relationships is an important part of the sales process, Social Media sites may not be used as a direct medium for generating sales or explaining the vCard Global income opportunity. Online sales may only be generated from a vCard Affiliate’s vCard Global replicated website. Likewise, vCard Affiliate shall not use any Social Media site to explain the vCard Global compensation plan or any component of the compensation plan.
Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the vCard Global income opportunity, vCard Global’s products and services, and/or your biographical information and credentials.
220.127.116.11 - Use of Third Party Intellectual Property
If you use the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is your responsibility to ensure that you have received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and you must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
18.104.22.168 - Respecting Privacy
Always respect the privacy of others in your postings. vCard Affiliate must not engage in gossip or advance rumors about any individual, company, or competitive products or services. vCard Affiliate may not list the names of other individuals or entities on their postings unless they have the written permission of the individual or entity that is the subject of their posting.
22.214.171.124 - Professionalism
You must ensure that your postings are truthful and accurate. This requires that you fact-check all material you post online. You should also carefully check your postings for spelling, punctuation, and grammatical errors. Use of offensive language is prohibited.
- Is sexually explicit, obscene, or pornographic;
- Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Is graphically violent, including any violent video game images;
- Is solicitous of any unlawful behavior;
- Engages in personal attacks on any individual, group, or entity;
- Is in violation of any intellectual property rights of the Company or any third party.
Do not converse with one who places a negative post against you, other independent vCard Affiliates or vCard Global. Report negative posts to the Company at support@vCardGlobal.com. 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 vCard Global, and therefore damages the reputation and goodwill of vCard Global.
Because some social media sites are particularly robust, the distinction between a social media site and a website may not be clear cut. vCard Global therefore reserves the sole and exclusive right to classify certain social media sites as websites and require that vCard Affiliate using, or who wish to use, such sites adhere to the Company’s policies relating to independent websites.
If your vCard Global business is cancelled for any reason, you must discontinue using the vCard Global name, and all of vCard Global’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 vCard Affiliate, you must conspicuously disclose that you are no longer an independent vCard Affiliate.
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a vCard Affiliate by submitting a vCard Affiliate Application and Agreement along with a properly completed Business Entity Application and Agreement and a properly completed IRS form W-9. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively “vCard Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to vCard Global, compliance with the vCard Global Policies and Procedures, the vCard Affiliate Agreement, and other obligations to vCard Global.
To prevent the circumvention of Sections 4.23 (regarding transfers and assignments of a vCard Global business) and 4.5, (regarding Sponsorship Changes), if any vCard Affiliated Party wants to terminate his or her relationship with the Business Entity or vCard Global, the vCard Affiliated Party must terminate his or her affiliation with the Business Entity, notify vCard Global in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 4.23. In addition, the vCard Affiliated Party foregoing their interest in the Business Entity may not participate in any other vCard Global business for six consecutive calendar months in accordance with Section 4.5.3. If the Business Entity wishes to bring on any new vCard Affiliates, it must adhere to the requirements of Section 4.23.
The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 4.5, below. There is a $50.00 fee for each change requested, which must be included with the written request and the completed vCard Affiliate Application and Agreement. vCard Global may, at its discretion, require notarized documents before implementing any changes to a vCard Global business. Please allow thirty (30) days after the receipt of the request by vCard Global for processing.
Each vCard Affiliate must immediately notify vCard Global of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business vCard Affiliated Parties.
vCard Global prohibits changes in sponsorship. Accordingly, the transfer of a vCard Global business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the Compliance Department, and must include the reason for the transfer. Transfers will only be considered in the following three circumstances:
In cases in which the new vCard Affiliate is sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, an vCard Affiliate may request that he or she be transferred to another organization with his or her entire marketing organization intact. Requests for transfer under this policy will be evaluated on a case-by-case basis and must be made within 1 business day from the date of enrollment. The vCard Affiliate requesting the change has the burden of proving that he or she was placed beneath the wrong sponsor. It is up to vCard Global’s discretion whether the requested change will be implemented.
The vCard Affiliate seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of his or her immediate five (5) upline vCard Affiliate in his or her Marketing Organization. Photocopied or facsimile signatures are not acceptable. All vCard Affiliate signatures must be notarized. The vCard Affiliate who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. If the transferring vCard Affiliate also wants to move any of the vCard Affiliates in his or her marketing organization, each downline vCard Affiliate must also obtain a properly completed Sponsorship Transfer Form and return it to vCard Global with the $50.00 change fee (i.e., the transferring vCard Affiliate and each vCard Affiliate in his or her marketing organization multiplied by $50.00 is the cost to move a vCard Global business.) Downline vCard Affiliate will not be moved with the transferring vCard Affiliate unless all of the requirements of this paragraph are met. Transferring vCard Affiliate must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by vCard Global for processing and verifying change requests.
A vCard Affiliate may legitimately change organizations by voluntarily canceling his or her vCard Global business and remaining inactive (i.e., no purchases of vCard Global products for resale, no sales of vCard Global products, no sponsoring, no attendance at any vCard Global functions, participation in any other form of vCard Affiliate activity, or operation of any other vCard Global business, no income from the vCard Global business) for six (6) full calendar months. Following the six-month period of inactivity, the former vCard Affiliate may reapply under a new sponsor, however, the former vCard Affiliate’s downline will remain in their original line of sponsorship.
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by a vCard Affiliate, vCard Global reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, AFFILIATES WAIVE ANY AND ALL CLAIMS AGAINST VCARD GLOBAL, INC., ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM VCARD GLOBAL’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.7 - Unauthorized Claims and Actions
An vCard Affiliate is fully responsible for all of his or her verbal and written statements made regarding vCard Global products, services, and the Compensation Plan that are not expressly contained in official vCard Global materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. vCard Affiliate agree to indemnify vCard Global and vCard Global’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by vCard Global as a result of the vCard Affiliate’s unauthorized representations or actions. This provision shall survive the termination of the vCard Affiliate Agreement.
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by vCard Global may be made except those contained in official vCard Global literature. In particular, no vCard Affiliate may make any claim that vCard Global products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the Associate Agreement, they also violate the laws and regulations of the United States, Canada, and other jurisdictions.
Because vCard Affiliates do not have the data necessary to comply with the legal requirements for making income claims, an vCard Affiliate, when presenting or discussing the vCard Global opportunity or Compensation Plan to a prospective vCard Affiliate, may not make income projections, income claims, or disclose his or her vCard Global income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records).
4.7.4 - Income Disclosure Statement
vCard Global’s corporate ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we have developed the vCard Global Income Disclosure Statement (“IDS”). The vCard Global IDS is designed to convey truthful, timely, and comprehensive information regarding the income that vCard Affiliate earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective vCard Affiliate when the company has one year of financial information.
A copy of the IDS must be presented to a prospective vCard Affiliate (someone who is not a party to a current vCard Global vCard Affiliate Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings, (2) statements of projected earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims.
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of “opportunity” or “possibility” or “chance.” Claims such as “My vCard Global income exceeded my salary after six months in the business,” or “Our vCard Global business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective VCard Affiliate or vCard Affiliate in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claims is made, you must provide every prospective VCard Affiliate with a copy of the IDS and you must display at least one (3ft. x 5ft.poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
Copies of the IDS may be printed or downloaded without charge from the corporate website at http://www.vCard Global.com/IDS when they ready for presentation.
vCard Affiliate who develop sales aids and tools in which the Compensation Plan or income claims are present must incorporate the IDS into each such sales aid or tool prior to submission to the Company for review.
vCard Global products may only be sold in their original packaging. vCard Affiliate may not repackage, re-label, or alter the labels on vCard Global products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. vCard Affiliate may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
vCard Affiliate may not sell vCard Global products from a commercial outlet, nor may vCard Affiliate display or sell vCard Global products or literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell vCard Global products.
vCard Affiliate may display and/or sell vCard Global products at trade shows and professional expositions. Before submitting a deposit to the event promoter, vCard Affiliate must contact the vCard Affiliate Services department in writing for conditional approval, as vCard Global’s policy is to authorize only one vCard Global business per event. Final approval will be granted to the first vCard Affiliate who submits an official advertisement of the event, a copy of the contract signed by both the vCard Affiliate and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the compliance department. vCard Global further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the vCard Global opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image vCard Global wishes to portray.
4.11.1 - Non-solicitation – Not a Conflict
vCard Affiliates are to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”). However, during the term of this Agreement, vCard Affiliate MAY directly or indirectly Recruit other vCard Affiliates or Customers for any other network marketing business.
The term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another vCard Affiliate or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
If a vCard Affiliate is engaged in other non-vCard Global direct selling programs, it is the responsibility of the vCard Affiliate to ensure that his or her vCard Global business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
· vCard Affiliates must not sell, or attempt to sell, any competing vCard Global digital business card programs, products or services to their vCard Customers or vCard Affiliates. Any program, product or services in the same generic categories as vCard Global products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
· vCard Affiliate can display vCard Global promotional material, sales aids, products or services with or in the same location as, any non-vCard Global promotional material or sales aids, products or services.
“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of vCard Global customers and vCard Affiliate, contact information of vCard Global customers and vCard Affiliates, vCard Affiliate’ personal and group sales volumes, and vCard Affiliate rank and/or achievement levels. Confidential Information is, or may be available, to vCard Affiliate in their respective back-offices. vCard Affiliate access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to vCard Global. Such Confidential Information is provided to vCard Affiliate in strictest confidence and is made available to vCard Affiliate for the sole purpose of assisting vCard Affiliate in working with their respective downline organizations in the development of their vCard Global business. vCard Affiliate may not use the reports for any purpose other than for developing their vCard Global business. Where a vCard Affiliate participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. vCard Affiliate should use the Confidential Information to assist, motivate, and train their downline vCard Affiliate. The vCard Affiliate and vCard Global agree that, but for this agreement of confidentiality and nondisclosure, vCard Global would not provide Confidential Information to the vCard Affiliate.
To protect the Confidential Information, vCard Affiliate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
- Directly or indirectly disclose any Confidential Information to any third party;
- Directly or indirectly disclose the password or other access code to his or her back-office;
- Use any Confidential Information to compete with vCard Global or for any purpose other than promoting his or her vCard Global business;
- Recruit or solicit any vCard Affiliate or Customer of vCard Global listed on any report or in the vCard Affiliate’s back-office, or in any manner attempt to influence or induce any vCard Affiliate or Customer of vCard Global, to alter their business relationship with vCard Global; or
- Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether a vCard Affiliate’s Agreement has been terminated, or whether the vCard Affiliate is or is not otherwise vCard Affiliated with the Company.
vCard Global does condone vCard Affiliate specifically or consciously for targeting the sales force of another direct sales company to give vCard as an advertising tool to promote their company’s products.vCard Nor does vCard Global condone vCard Affiliate solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should vCard Affiliate engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a VCard Affiliate alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, vCard Global will not pay any of the vCard Affiliate’s defense costs or legal fees, nor will vCard Global indemnify the vCard Affiliate for any judgment, award, or settlement. vCard Global believes that offering vCard digital business card, can only enhance that company’s sales force.
If a vCard Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the vCard Affiliate must notify vCard Global in writing within 60 days of the date of the purported error or incident in question. vCard Global will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, vCard Affiliate shall not represent or imply that vCard Global or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
vCard Affiliate must not manipulate enrollments of new applicants and purchases of products. All vCard Affiliate Applications and Agreements, and product orders must be processed in the vCard Affiliate back-office within 24 hours from the time they are signed by an vCard Affiliate or placed by a customer, respectively.
Each vCard Affiliate is responsible for paying local, state/provincial, and federal taxes on any income generated as an Independent vCard Affiliate. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If a vCard Affiliate’s vCard Global business is tax exempt, the Federal tax identification number must be provided to vCard Global. Every year, vCard Global will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000.
vCard Affiliate are independent contractors. The agreement between vCard Global and its vCard Affiliate does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the vCard Affiliate. vCard Affiliate shall not be treated as an employee for his or her services or for Federal or State tax purposes. All vCard Affiliate are responsible for paying local, state, and federal taxes due from all compensation earned as a vCard Affiliate of the Company. The vCard Affiliate has no authority (expressed or implied), to bind the Company to any obligation. Each vCard Affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the vCard Affiliate Agreement, these Policies and Procedures, and applicable laws.
You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present home owner’s policy.
vCard Affiliates are authorized to sell vCard Global products and services, and enroll Customers or vCard Affiliate only in the countries in which vCard Global is authorized to conduct business, as announced in official Company literature. vCard Global products or sales aids may not be shipped into or sold in any foreign country. vCard Affiliate may sell, give, transfer, or distribute vCard Global products or sales aids only in their home country. In addition, no vCard Affiliate may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or vCard Affiliate; or (c) conduct any other activity for the purpose of selling vCard Global products, establishing a marketing organization, or promoting the vCard Global opportunity.
vCard Affiliate must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other vCard Affiliate to buy more products than they can reasonably use or sell to retail customers in a month. In addition, bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by end user consumers. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.
vCard Affiliate shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to vCard Affiliate because of the nature of their business. However, vCard Affiliate must obey those laws that do apply to them. If a city or county official tells a vCard Affiliate that an ordinance applies to him or her, the vCard Affiliate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of vCard Global.
4.22 - One vCard Global Business Per vCard Affiliate and Per Household
A vCard Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one vCard Global business. No individual may have, operate or receive compensation from more than one vCard Global business. Individuals of the same Household may not enter into or have an interest in more than one vCard Global Business, but each individual may have a vCard or vCard PRO account under their individual names, email and phone number. A “Household” is defined as spouses, and dependent children living at or doing business at the same address.
In order to maintain the integrity of the vCard Global Compensation Plan, husbands and wives or common-law couples (collectively “spouses”) who wish to become vCard Affiliates must be jointly sponsored as one vCard Global business. Spouses, regardless of whether one or both are signatories to the vCard Affiliate Application and Agreement, may not own or operate any other vCard Global business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or have any other legal or equitable ownership) in the ownership or management of another vCard Global business in any form.
An exception to the one business per vCard Affiliate/household rule will be considered on a case by case basis if two vCard Affiliate marry or in cases of a vCard Affiliate receiving an interest in another business through inheritance. Requests for exceptions to policy must be submitted in writing to the Compliance Department.
If any member of a vCard Affiliate’s immediate household engages in any activity which, if performed by the vCard Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the vCard Affiliate and vCard Global may take disciplinary action pursuant to the Statement of Policies against the vCard Affiliate. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and vCard Global may take disciplinary action against the Business Entity. Likewise, if a vCard Affiliate enrolls in vCard Global as a Business Entity, each vCard Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
Any request from a VCard Affiliate for copies of invoices, applications, downline activity reports, or other records will require a fee of $3.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records. All records are available in the distributors back office at no charge.
When a vacancy occurs in a Marketing Organization due to vCard Affiliates below you or the termination of a vCard Global business, each vCard Affiliate in the first level immediately below the terminated vCard Affiliate on the date of the cancellation will be moved to the first level (“front line”) of the terminated vCard Affiliate’s sponsor. For example, if A Sponsors B, and B sponsors C1, C2, and C3, if B terminates her business, C1, C2, and C3 will “roll-up” to A and become part of A’s first level.
Although a vCard Global business is a privately owned and independently operated business, the sale, transfer or assignment of a vCard Global business, and the sale, transfer, or assignment of an interest in a Business Entity that owns or operates a vCard Global business, is subject to certain limitations. If a vCard Affiliate wishes to sell his or her vCard Global business, or interest in a Business Entity that owns or operates a vCard Global business, the following criteria must be met:
· The selling vCard Affiliate must offer vCard Global the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. vCard Global shall have fifteen days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
· The buyer or transferee must become a qualified vCard Global VCard Affiliate. If the buyer is an active vCard Global VCard Affiliate, he or she must first terminate his or her vCard Global business and wait six calendar months before acquiring any interest in a different vCard Global business;
· Before the sale, transfer or assignment can be finalized and approved by vCard Global, any debt obligations the selling party has with vCard Global must be satisfied.
· The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a vCard Global business.
Prior to selling an independent vCard Global business or Business Entity interest, the selling vCard Affiliate must notify vCard Global’s Compliance Department in writing and advise of his or her intent to sell his/her vCard Global business or Business Entity interest. The selling vCard Affiliate must also receive written approval from the Compliance Department before proceeding with the sale. No changes in line of sponsorship can result from the sale or transfer of a vCard Global business.
vCard Affiliate sometimes operate their vCard Global businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, LLC, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
· One of the parties may, with consent of the other(s), operate the vCard Global business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize vCard Global to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.
· The parties may continue to operate the vCard Global business jointly on a “business-as-usual” basis, whereupon all compensation paid by vCard Global will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will vCard Global split commission and bonus checks between divorcing spouses or members of dissolving entities. vCard Global will recognize only one Downline Organization and will issue only one commission check per vCard Global business per commission cycle. Commission checks shall always be issued to the same individual or entity.
If a former spouse has completely relinquished all rights in the original vCard Global business pursuant to a divorce, he or she is thereafter to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity vCard Affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as a vCard Affiliate. In either case, the former spouse or business vCard Affiliate shall have no rights to any vCard Affiliate in their former organization or to any former retail customer. They must develop the new business in the same manner as would any other new vCard Affiliate.
When sponsoring a new vCard Affiliate through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the online application and agreement, vCard Global’s Policies and Procedures, and the vCard Global Compensation Plan. The sponsor may not fill out the online application and agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
Upon the death or incapacitation of a vCard Affiliate, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a vCard Affiliate should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a vCard Global business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased vCard Affiliate’s marketing organization provided the following qualifications are met. The successor(s) must:
- Execute a vCard Affiliate Agreement;
· Comply with terms and provisions of the Agreement;
· Meet all of the qualifications for the deceased vCard Affiliate’s status;
· The devisee must provide vCard Global with an “address of record” to which all bonus and commission checks will be sent;
· If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number. vCard Global will issue all bonus and commission checks and one 1099 to the business entity.
4.29.1 - Transfer Upon Death of a vCard Affiliate
To effect a testamentary transfer of a vCard Global business, the executor of the estate must provide the following to vCard Global: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to vCard Global specifying to whom the business and income should be transferred.
4.29.2 - Transfer Upon Incapacitation of a vCard Affiliate
To effectuate a transfer of a vCard Global business because of incapacity, the successor must provide the following to vCard Global: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the vCard Global business; and (3) a completed VCard Affiliate Agreement executed by the trustee.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although vCard Global does not consider vCard Affiliate to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, vCard Affiliate must not engage in telemarketing in the operation of their vCard Global businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a vCard Global product or service, or to recruit them for the vCard Global opportunity. “Cold calls" made to prospective customers or vCard Affiliate that promote either vCard Global’s products or services or the vCard Global opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or VCard Affiliate (a "prospect") is permissible under the following situations:
- If the vCard Affiliate has an established business relationship with the prospect. An “established business relationship” is a relationship between a vCard Affiliate and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the vCard Affiliate, or a financial transaction between the prospect and the vCard Affiliate, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
- The prospect’s personal inquiry or application regarding a product or service offered by the VCard Affiliate, within the three (3) months immediately preceding the date of such a call.
- If the vCard Affiliate receives written and signed permission from the prospect authorizing the vCard Affiliate to call. The authorization must specify the telephone number(s) which the vCard Affiliate is authorized to call.
- You may call family members, personal friends, and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if you engage in “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.
- vCard Affiliate shall not use automatic telephone dialing systems or software relative to the operation of their vCard Global businesses.
- vCard Affiliate shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a "robo-call") regarding or relating to the vCard Global products, services or opportunity.
vCard Global makes online back offices available to its vCard Affiliate. Back offices provide vCard Affiliate access to confidential and proprietary information that may be used solely and exclusively to promote the development of a vCard Affiliate’s vCard Global business and to increase sales of vCard Global products. However, access to a back office is a privilege, and not a right. vCard Global reserves the right to deny vCard Affiliate’ access to the back office at its sole discretion.
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the vCard Global’s files are current. Street addresses are required for shipping since UPS cannot deliver to a post office box. vCard Affiliate planning to change their e-mail address or move must send their new address and telephone numbers to vCard Global’s Corporate Offices to the attention of the Compliance Department. A vCard Affiliate’s whose contact information changes may also amend their contact information through their vCard Affiliate Back Office.
Any vCard Affiliate who sponsors another vCard Affiliate into vCard Global must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her vCard Global business. vCard Affiliate must have ongoing contact and communication with the vCard Affiliate in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline vCard Affiliate to vCard Global meetings, training sessions, and other functions. Upline vCard Affiliate are also responsible to motivate and train new vCard Affiliate in vCard Global product knowledge, effective sales techniques, the vCard Global Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of downline vCard Affiliate must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of vCard Affiliate-produced sales aids and promotional materials).
vCard Affiliate should monitor the vCard Affiliate in their Downline Organizations to guard against downline vCard Affiliate making improper product or business claims, or engaging in any illegal or inappropriate conduct.
As vCard Affiliate progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the vCard Global program. They will be called upon to share this knowledge with lesser experienced vCard Affiliate within their organization.
Regardless of their level of achievement, vCard Affiliate have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
vCard Global wants to provide its independent vCard Affiliate with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Compliance Department. Remember, to best serve you, we must hear from you! While vCard Global welcomes constructive input, negative comments and remarks made in the field by vCard Affiliate about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other vCard Global vCard Affiliate. For this reason, and to set the proper example for their downline, vCard Affiliate must not disparage, demean, or make negative remarks about vCard Global, other vCard Global vCard Affiliate, vCard Global’s products, the Marketing and Compensation plan, or vCard Global’s directors, officers, or employees.
vCard Affiliate must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become vCard Affiliate before the applicant signs a vCard Affiliate Agreement, or ensure that they have online access to these materials.
The vCard Global Compensation Plan is based on the sale of vCard Global products and services to end consumers. vCard Affiliate must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement. The following sales requirements must be satisfied for vCard Affiliate to be eligible for commissions:
· vCard Affiliate must satisfy the Personal Volume and Group Sales Volume requirements to fulfill the requirements associated with their rank as specified in the vCard Global Compensation Plan. “Personal Sales Volume” includes purchases made by the vCard Affiliate and purchases made and may include purchases made by vCard Affiliate’s personal customers if the distributor chooses to use this volume to qualify their account. Group Volume shall include the total Sales Volume of all vCard Affiliate in his or her marketing organization & Customer purchases if they are designated not as PSV, but shall not include the vCard Affiliate’s Personal Sales Volume.
· vCard Affiliate must move to the Marketing Affiliate levelto qualify for weekly bonuses.
There are no exclusive territories granted to anyone.
All initial sign-ups are done online and our vCard product is. Welcome emails will be sent to new customers as part of the sign-up process. Sales receipts for upgrades will be email to the address on file.
A vCard Affiliate must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an vCard Affiliate complies with the terms of the Agreement, vCard Global shall pay commissions to such vCard Affiliate in accordance with the Marketing and Compensation plan. The minimum amount for which vCard Global will issue a commission is $15.00. If a vCard Affiliate’s bonuses and commissions do not equal or exceed $15.00, the Company will accrue the commissions and bonuses until they total $15.00. Payment will be issued once $15.00 has been accrued.
Notwithstanding the foregoing, all commissions owed a vCard Affiliate, regardless of the amount accrued, will be paid at the end of each fiscal year or upon the termination of a vCard Affiliate’s business.
7.2.1 - Adjustments for Returned Products and Cancelled Services
vCard Affiliate receive bonuses, commissions, or overrides based on the actual sales of products and services to end consumers. When a service is cancelled or a product is returned to vCard Global for a refund or is repurchased by the Company, any of the following may occur at the Company’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the vCard Affiliate and upline vCard Affiliate who received bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service, in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered; (2) the vCard Affiliate or upline vCard Affiliate who earned bonuses, commissions, or overrides based on the sale of the returned product(s) or cancelled service will have the corresponding points deducted from their Group Volume in the next month and all subsequent months until it is completely recovered; or (3) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service may be deducted from any refunds or credits to the vCard Affiliate who received the bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service.
7.2.2 - Commissions Earned
The Company pays commissions via I-Payout e-wallet. There is a $.50 charge for domestic and a $1.00 charge for international for each load. A vCard Affiliate may also request a hard-copy from I-Payout for their fees schedules for each country on type of disbursement.
If an vCard Affiliate fails to submit a W-9 form, vCard Global will deduct the necessary withholdings from the vCard Affiliate’s commission checks as required by law.
All information provided by vCard Global in downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by vCard Global or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON‑INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONSUMERS EDGE INTERNATIONAL AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY DISTRIBUTOR OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF vCARD GLOBAL, INC. OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, vCARD GLOBAL, INC. OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of vCard Global’ online and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to vCard Global’ online reporting services and your reliance upon the information.
Federal and state law requires that vCard Affiliate notify their retail customers that they have three (3) business days (5 business days for Alaska residents. Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. vCard Affiliate MUST verbally inform their customers of this right.
The following provision sets forth the minimum refund permitted by law to a retail customer:
A customer or vCard Affiliate who makes a purchase of $25.00 or more has three business days (72 hours, excluding Sundays and legal holidays) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt (5 days for Alaska residents).
Upon cancellation of a vCard Affiliate’s Agreement, the vCard Affiliate does not have any obligations to vCard Global to return anything. There are no required business kits or sales aids required.
A Montana resident may cancel his or her vCard Affiliate Agreement within 15 days from the date of enrollment, and may return his or her Business Kit for a full refund within such time period.
The following procedures apply to all returns for refund, repurchase, or exchange:
None of this section applies to us. No Product will need to be returned as all is digital. Some products purchases will go through our system, for which we will be able to process refunds, other products are third party vendors who will process payment and refunds according to their policies…Same issue as what is listed above with respect to refunds.
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a vCard Affiliate that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the vCard Affiliate’s vCard Global business), may result, at vCard Global's discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition;
· Requiring the vCard Affiliate to take immediate corrective measures;
· Imposition of a fine, which may be withheld from bonus and commission checks;
· Loss of rights to one or more bonus and commission checks;
· vCard Global may withhold from a vCard Affiliate all or part of the VCard Affiliate’s bonuses and commissions during the period that vCard Global is investigating any conduct allegedly violative of the Agreement. If a vCard Affiliate’s business is canceled for disciplinary reasons, the vCard Affiliate will not be entitled to recover any commissions withheld during the investigation period;
· Suspension of the individual’s vCard Affiliate Agreement for one or more pay periods;
· Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of a vCard Affiliate (which may subsequently be re-earned by the vCard Affiliate);
· Transfer or removal of some or all of a vCard Affiliate’s downline vCard Affiliate from the offending vCard Affiliate’s downline organization.
· Involuntary termination of the offender’s vCard Affiliate Agreement;
· Suspension and/or termination of the offending vCard Affiliate’s vCard Global website or website access;
· Any other measure expressly allowed within any provision of the Agreement or which vCard Global deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the vCard Affiliate’s policy violation or contractual breach;
· In situations deemed appropriate by vCard Global, the Company may institute legal proceedings for monetary and/or equitable relief.
When a vCard Affiliate has a grievance or complaint with another VCard Affiliate regarding any practice or conduct in relationship to their respective vCard Global businesses, the complaining vCard Affiliate should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the vCard Affiliate Services Department at the Company. The vCard Affiliate Services Department will review the facts and attempt to resolve it.
9.3 - Mediation
Prior to instituting an arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in the City of Deerfield Beach, Florida, and shall last no more than two business days.
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The Parties waive all rights to trial by jury or to any court . The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS Endispute (“JAMS”) under their respective rules and procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’s Streamlined Arbitration Rules & Procedures will also be emailed to vCard Affiliate upon request to vCard Global’s Compliance Department.
Notwithstanding the rules of the AAA or JAMS, the following shall apply to all Arbitration actions:
- The Federal Rules of Evidence shall apply in all cases;
- The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
- The Parties shall be allotted equal time to present their respective cases, including cross-examinations.
All arbitration proceedings shall be held in Deerfield Beach, Florida. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The arbitration shall occur within 180 days from the date on which the arbitration is filed, and shall last no more than five business days. The parties shall be allotted equal time to present their respective cases. The decision of the arbitrator shall be final and binding on the parties and may if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:
· The substance of, or basis for, the controversy, dispute, or claim;
· The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
- The terms or amount of any arbitration award;
· The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect its intellectual property rights, and/or to enforce its rights under the non-solicitation provision of the Agreement.
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Broward County, State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement.
Notwithstanding the foregoing, residents of the State of Louisiana shall be entitled to bring an action against vCard Global in their home forum and pursuant to Louisiana law.
All checks returned by a vCard Affiliate’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the vCard Affiliate. After receiving a returned check from a customer or a vCard Affiliate, all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to vCard Global by a vCard Affiliate for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.
vCard Affiliate shall not permit other vCard Affiliate or Customers to use his or her credit card, or permit debits to their checking accounts, to enroll or to make purchases from the Company.
vCard Global is not required to charge sales taxes on digital purchases made by vCard Affiliates and Customers.
So long as a vCard Affiliate remains active and complies with the terms of the vCard Affiliate Agreement and these Policies and Procedures, vCard Global shall pay commissions to such vCard Affiliate in accordance with the Compensation Plan. A vCard Affiliate’s bonuses and commissions constitute the entire consideration for the VCard Affiliate's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a vCard Affiliate’s non-renewal of his or her vCard Affiliate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her vCard Affiliate Agreement (all of these methods are collectively referred to as “cancellation”), the former vCard Affiliate shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization. A vCard Affiliate whose business is cancelled will lose all rights as a vCard Affiliate. This includes the right to sell vCard Global products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the vCard Affiliate’s former downline sales organization. In the event of cancellation, vCard Affiliate agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.
Following a vCard Affiliate’s cancellation of his or her vCard Affiliate Agreement, the former vCard Affiliate shall not hold himself or herself out as a vCard Global vCard Affiliate and shall not have the right to sell vCard Global products or services. A vCard Affiliate whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
A vCard Affiliate’s violation of any of the terms of the Agreement, including any amendments that may be made by vCard Global in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her vCard Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the vCard Affiliate’s last known address, email address, or fax number, or to his/her attorney, or when the vCard Affiliate receives actual notice of cancellation, whichever occurs first.
vCard Global reserves the right to terminate all vCard Affiliate Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the vCard Affiliate’s signature, printed name, address, and vCard Affiliate I.D. Number.
A vCard Affiliate may also voluntarily cancel his or her vCard Affiliate Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew a vCard Affiliate's Agreement upon its anniversary date.
Active Customer — A Customer who purchases vCard Global products.
Active VCard Affiliate — A VCard Affiliate who satisfies the minimum Personal Sales Volume requirements, as set forth in the vCard Global Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.
Active Rank — The term “active rank” refers to the current rank of a VCard Affiliate, as determined by the vCard Global Compensation Plan, for any pay period. To be considered “active” relative to a particular rank, a VCard Affiliate must meet the criteria set forth in the vCard Global Compensation Plan for his or her respective rank. (See the definition of “Rank” below.)
vCard Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.
Agreement - The contract between the Company and each VCard Affiliate includes the vCard Affiliate Application and Agreement, the vCard Global Policies and Procedures, the vCard Global Compensation Plan, and the Business Entity Form (where appropriate), all in their current form and as amended by vCard Global in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel — The termination of a vCard Affiliate’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Downline Leg — Each one of the individuals enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
Household - Spouses, heads-of-household, and dependent family members residing in the same residence.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.
Level — The layers of downline Customers and vCard Affiliate in a particular VCard Affiliate’s Marketing Organization. This term refers to the relationship of a VCard Affiliate relative to a particular upline VCard Affiliate, determined by the number of vCard Affiliate between them who are related by sponsorship. For example, if A Sponsors B, who sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.
Marketing Organization — The Customers and vCard Affiliate sponsored by a particular VCard Affiliate. This organization may go down an unlimited number of levels and generations. Each distributor will be paid depending on the VCard Affiliate’s rank qualification and the cap associated with that rank.
Official vCard Global Material — Literature, Digital Audio and Video, websites, and other materials developed, printed, published and/or distributed by vCard Global to vCard Affiliate.
Rank — The “title” that a VCard Affiliate holds pursuant to the vCard Global Compensation Plan. “Title Rank” refers to the highest rank a VCard Affiliate has achieved in the vCard Global compensation plan at any time. “Paid As” rank refers to the rank at which a VCard Affiliate is qualified to earn commissions and bonuses during the current pay period.
Recruit — For purposes of vCard Global’s Conflict of Interest Policy (Section 4.9), the term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another vCard Global VCard Affiliate or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
Registered External Website – A vCard Affiliate vCard Global-approved personal website that is hosted on non-vCard Global servers and has no official affiliation with vCard Global.
Replicated Website – A website provided by vCard Global to vCard Affiliate which utilizes website templates developed by vCard Global.
Customer — An individual who purchases vCard Global products from a VCard Affiliate but who is not a participant in the vCard Global compensation plan.
Retail Sales – Sales to a Retail Customer.
Social Media - Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, MySpace, Twitter, LinkedIn, Delicious, and YouTube.
Sponsor — A VCard Affiliate who enrolls a Customer or another VCard Affiliate into the Company, and is listed as the Sponsor on the VCard Affiliate Application and Agreement. The act of enrolling others and training them to become vCard Affiliate is called “sponsoring.”
Upline — This term refers to the VCard Affiliate or vCard Affiliate above a particular VCard Affiliate in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular VCard Affiliate to the Company.