Easiest System Ever
STATEMENT OF POLICIES AND PROCEDURES
Effective March 1, 2013
SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into Affiliate Agreement
1.3 Changes To The Affiliate Agreement, Policies And Procedures, Or Compensation Plan
1.5 Policies And Provisions Severable
SECTION 2 – BECOMING AN AFFILIATE
2.1 Requirements To Become An Affiliate
2.2 New Affiliate Registration By Internet or Facsimile
2.3 Affiliate Benefits
2.4 Term Of an Easiest System Ever Business
SECTION 3 – INCOME DISCLOSURE POLICY
SECTION 4 – ADVERTISING
4.1 Adherence To The Easiest System Ever Compensation Plan
4.2 Use Of Sales Aid
4.3 Intellectual Property
4.4 Web Policy
4.5 Domain Names And Email Addresses
4.6 Advertised Price
4.7 Unsolicited Email And Fax Communication
SECTION 5 – OPERATING AN EASIEST SYSTEM EVER
5.1 - Business Entities
5.1.1 Changes to a Business Entity
5.1.2 Change of Sponsor
5.1.3 Change of Placement
5.2 Unauthorized Claims And Action
5.2.2 Endorsement of Easiest System Ever Services
5.3.1 Targeting Other Direct Sellers
5.3.1 Privacy and Confidentiality
5.4 Cross Sponsoring
5.5 Governmental Approval Or Endorsement
5.7 Income Taxes
5.8 Independent Contractor Status
5.9 Bonus Buying
5.11 One Easiest System Ever Business Per Affiliate
5.13 Sale, Transfer, Or Assignment Of AN Easiest System Ever Business
5.14 Separation Of AN Easiest System Ever Business
SECTION 6 – RESPONSIBILITIES OF AFFILIATES
6.1 Change Of Address, Telephone No., Email-Address
6.2 Sponsoring Affiliate Responsibilities
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.3 No disparagement
6.4 Reporting Policy Violations
SECTION 7 – AUTOMATIC BILLING
SECTION 8 – BONUSES AND COMMISSIONS
8.1 Bonus And Commission Qualifications
8.2 Errors Or Questions
8.3 Bonus Buying Prohibited
SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
11.1 Disciplinary Sanctions
11.4 Governing Law, Jurisdiction, And Venue
SECTION 10 – EFFECT OF CANCELLATION
10.1 Effect Of Cancellation And Termination
SECTION 11 – DEFINITIONS
Easiest System Ever
STATEMENT OF POLICIES AND PROCEDURES
Effective March 1, 2013
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics
Easiest System Ever (hereafter “Easiest System Ever” or “the Company”) is a values-based company that prides itself on the quality and character of its Affiliates (hereinafter “Affiliate”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every Easiest System Ever Affiliate is expected to practice the following ethical behavior when acting in the name of the company:
A. I will be respectful of every person I meet while doing Easiest System Ever related business.
B. At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to Easiest System Ever, any Easiest System Ever corporate officer or employee, me, or other Affiliates.
D. I will not make discouraging or disparaging claims toward other Easiest System Ever Affiliates. I will ensure that in all Easiest System Ever business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
E. I will provide support and encouragement to my Customers to ensure that their experience with Easiest System Ever is a successful one. I understand that it is important to provide follow-up service and support to my down line.
F. I will correctly represent all the bonus/compensation plans available through Easiest System Ever and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success, or use compensation checks as marketing materials. I further understand that I may only disclose my Easiest System Ever income to recruit a potential Affiliate(s) after I have given a copy of the Income Disclosure Statement to the potential Affiliate(s).
G. I will abide by all of Easiest System Ever’s Policies & Procedures now and as they may be amended in the future.
1.2 - Policies Incorporated Into Affiliate Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of Easiest System Ever, are incorporated into, and form an integral part of, the Easiest System Ever Affiliate Agreement (hereafter “Affiliate Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Easiest System Ever Affiliate Agreement, these Policies, and the Easiest System Ever Compensation Plan. These documents are incorporated by reference into the Affiliate Agreement (all in their current form and as amended by Easiest System Ever). It is the responsibility of each Affiliate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Affiliate, it is the responsibility of the sponsoring Affiliate to provide the most current version of these Policies and Procedures prior to his or her execution of the Affiliate Agreement.
1.3 - Changes to the Affiliate Agreement, Policies and Procedures, or Compensation Plan
Because federal, state, and local laws, as well as the business environment, periodically change, Easiest System Ever reserves the right to amend the Agreement and the prices in its Easiest System Ever Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Easiest System Ever Materials. Amendments shall be effective upon publication in Official Easiest System Ever Materials, including but not limited to, posting on Easiest System Ever’s website, e-mail distribution, publication in Easiest System Ever’s newsletter, product inserts, or any other commercially reasonable method. The continuation of aAffiliate’s Easiest System Ever business or an Affiliate’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.4 - Delays
Easiest System Ever shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, and death, curtailment of a party’s source of supply, or government decrees or orders.
1.5 - Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
1.6 - Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Easiest System Ever to exercise any right or power under the Agreement or to insist upon strict compliance by an 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 Easiest System Ever’s right to demand exact compliance with the Agreement. Waiver by Easiest System Ever can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – AFFILIATE
2.1 - Requirements to Become an Affiliate
To become an Easiest System Ever Affiliate, each applicant must:
A. Be of the age of majority in his or her state of residence;
B. Reside in the United States or other countries, which have been officially opened by Easiest System Ever;
C. Have a valid Social Security Number or Federal Tax Identification Number;
D. Submit a properly completed and signed Affiliate Agreement to Easiest System Ever via electronically or fax.
2.2 - New Affiliate Registration by the Internet and Facsimile
A prospective Affiliate may self-enroll on the sponsor’s web site. In such event, instead of a physically signed Affiliate agreement, Easiest System Ever will accept the agreement by accepting the “electronic signature” stating the new Affiliate has accepted the terms and conditions of the Affiliate Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Affiliateand Easiest System Ever. Faxed agreements must include both the front and back of the Affiliate Agreement.
2.3 - Affiliate Benefits
Once an Affiliate Agreement has been accepted by Easiest System Ever, the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to:
A. Sell Easiest System Ever services;
B. Participate in the Easiest System Ever Compensation Plan (receive bonuses and commissions, if eligible);
C. Sponsor other individuals as customers or Affiliates into the Easiest System Ever business and thereby build an organization and progress through the Easiest System Ever Compensation Plan;
D. Receive periodic Easiest System Ever literature and other Easiest System Ever communications;
E. Participate in Easiest System Ever-sponsored support service training, motivational and recognition functions; and
2.4 - Terms of an Easiest System Ever Business
After a one-time affiliate enrollment fee of $97.00 USD, an Affiliate’s position with Easiest System Ever renews annually automatically (at no additional charge) on the calendar year from enrollment. The agreement can be cancelled by either party at any time.
Any Affiliate terminated by Easiest System Ever may not re-apply to do business for 12 months from their termination date.
The down line of the expired Affiliate will roll up to the immediate, active upline sponsor.
SECTION 3 – INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, Easiest System Ever has developed the Income Disclosure Statement (“IDS”). The Easiest System Ever IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Easiest System Ever Affiliates earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Affiliates.
A copy of the IDS must be presented to a prospective Affiliate (someone who is not a party to a current Easiest System Ever 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 average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Affiliate earned over a million dollars last year” or “Our average ranking Affiliate makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher ranking Affiliates is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, you must provide every prospective Affiliate with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the company website at www.easiestsystemever.com/incomedisclosure
SECTION 4 – ADVERTISING
4.1 - Adherence to the Easiest System Ever Compensation Plan
Affiliates must adhere to the terms of the Easiest System Ever Compensation Plan as set forth in Official Easiest System Ever Materials. Affiliates shall not offer the Easiest System Ever opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Easiest System Ever Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in Easiest System Ever in any manner that varies from the program as set forth in Official Easiest System Ever Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official Easiest System Ever agreements and contracts in order to become an Easiest System Ever Affiliate. Similarly, Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Easiest System Ever Compensation Plan other than those purchases or payments identified as recommended or required in Official Easiest System Ever Materials.
4.2 - Use of Sales Aids
To promote both the services and the opportunity Easiest System Ever offers, Affiliates must use the sales aids and support materials produced by Easiest System Ever. If Easiest System Ever Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), not with standing Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting an Easiest System Ever business. These violations, although they may be relatively few in numbers, could jeopardize the Easiest System Ever opportunity for all Affiliates. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of Easiest System Ever and its services. The marketing and promotion of Easiest System Ever, the Easiest System Ever opportunity, the Compensation Plan, and Easiest System Ever services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 - Intellectual Property
Easiest System Ever will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including Easiest System Ever Affiliates, without prior written authorization from Easiest System Ever. Furthermore, no Affiliate may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Affiliate without prior written consent from the named Affiliate. This consent must be on file with Easiest System Ever’s Compliance department prior to any use.
4.4 - Web Policy
If an Affiliate desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are an authorized representative for Easiest System Ever spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official Easiest System Ever Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. Easiest System Ever will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.
B. Domain Names, email Addresses and Online Aliases
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 Easiest System Ever by showing up as the sender of an email.
; www. Easiest System EverDirect.com; President.com/official, or derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows: myspace.com/iloveEasiestSystemEver; tantechtammy@EasiestSystemEver.net.
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of . If you have a question whether your chosen name is acceptable, you may submit it to compliance com for review before use.
C. Approved Affiliate Websites
The term Affiliate Website refers to the Affiliate website offered by Easiest System Ever or an approved vendor to affiliates. The term Social Media website refers to any site that is not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, MySpace.com, Twitter.com, YouTube.com, personal blogs or other personal websites.
D. Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or promote specific Easiest System Ever services. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring, and informing the public about the Easiest System Ever opportunity provided you follow the other requirements of this agreement such as identifying yourself as an independent representative of Easiest System Ever only using approved images and versions of any trademarked logos and without using fraudulent or misleading product or income claims. If a link or URL is provided, it must link to your Affiliate Website or your Social Media website.
E. Online Retailing
Approved affiliate websites are intended to provide the affiliates with the tools and means for generating leads, prospecting business, communicating with others, selling products and services, and otherwise advancing your Easiest System Ever business. You may not sell Easiest System Ever services on any other online retail store or e-commerce site, nor may you enlist or knowingly allow a third party (customer) to sell Easiest System Ever products on any online retail store or ecommerce site.
Social Media sites such as Face book may also be used to promote your Easiest System Ever business. You must provide approved Easiest System Ever links to your Affiliate replicated website for sales and order processing. All online sales of Easiest System Ever products must take place and be produced through the Affiliate Replicated website (or corporate site).
F. Banner Advertising
You may place banner advertisements on a website provided you use Easiest System Ever -approved templates and images. All banner advertisements must link to your Affiliate Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with Easiest System Ever products or the Easiest System Ever business opportunity.
G. Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books etc. must be unique, informative and relevant.
H. Social Networking Sites
You may use social networking websites (Face book, MySpace, LinkedIn, blogs, forums and other social shared interest sites) to share information about the Easiest System Ever product, mission and business opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific Easiest System Ever services.
Profiles you generate in any social community where you mention or discuss Easiest System Ever must clearly identify you as an Easiest System Ever Independent Affiliate and must appear as described herein. When you participate in those communities you 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 Easiest System Ever’s sole discretion, and offending Affiliates will be subject to disciplinary action and/or termination.
You agree that you will immediately take down a non-compliant site at the request of Easiest System Ever. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
I. Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to your Affiliate Website. The display URL must also be to your Affiliate Website and must not portray any URL that could lead the user to assume they are being led to an Easiest System Ever Corporate site, or be inappropriate or misleading in any way.
J. External Websites
You are allowed external websites to promote your Easiest System Ever business and the Easiest System Ever opportunity. If you wish to use an external website you must do the following:
a.) Identify yourself as an Independent Affiliate for Easiest System Ever.
b.) Use only the approved images and wording authorized by Easiest System Ever.
c.) Adhere to the branding, trademark, and image usage policies described in this document.
d.) Agree to modify your website to comply with current or future Easiest System Ever policies.
You are solely responsible and liable for your own website content, messaging, claims, and information and must ensure your website appropriately represents and enhances the Easiest System Ever brand and adheres to all Easiest System Ever guidelines and policies. Additionally, your website must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at Easiest System Ever’s sole discretion. You are encouraged to use the approved Easiest System Ever images that are available through the business suite.
K. Easiest System Ever Affiliate Image Mandate
When using a Social Media or external website it must contain:
a.) An Easiest System Ever Affiliate Logo from the approved templates.
b.) Your Name and Title (example: Joan Arc, Independent Affiliate, Easiest System Ever).
c.) A link to your Affiliate Replicated website.
Although Easiest System Ever brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Independent Affiliate site, and not an Easiest System Ever Corporate page.
4.6 - Advertised Price
You may not advertise any of Easiest System Ever’s services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
4.7 - Unsolicited Email and Fax Communication
Easiest System Ever does not permit Affiliates to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an Affiliate that promotes Easiest System Ever, the Easiest System Ever opportunity, or Easiest System Ever services, must comply with the following:
A. There must be a functioning return email address to the sender.
B. There must be a notice in the email that advises the recipient that they 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).
C. The email must include the Affiliate’s physical mailing address.
D. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
E. The use of deceptive subject lines and/or false header information is prohibited.
F. All opt-out requests, whether received by email or regular mail, must be honoured. If an Affiliate receives an opt-out request from a recipient of an email, the Affiliate must forward the opt-out request to the Company. Easiest System Ever may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that the Company may send such emails and that the Affiliate’s physical and email addresses will be included in such emails as outlined above. Affiliates shall honour opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Affiliates may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their Easiest System Ever businesses.
SECTION 5 – OPERATING AN EASIEST SYSTEM EVER BUSINESS
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be an Easiest System Ever Affiliate by submitting an Easiest System Ever Affiliate Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to Easiest System Ever. An Easiest System Ever business may change its status under the same Sponsor from an individual to a partnership, corporation or trust or from one type of entity to another. To do so, the Affiliate(s) must provide the Entity Documents to Easiest System Ever. The AffiliateApplication must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Easiest System Ever.
5.1.1 - Changes to a Business Entity
Each Affiliate must immediately notify Easiest System Ever of any changes to the type of business entity they utilize in operating their Easiest System Ever business, and the addition or removal of business associates. An Easiest System Ever business may change its status under the same sponsor from an individual to a partnership, corporation or trust or from one type of entity to another. The Affiliate Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Easiest System Ever.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Easiest System Ever services and the Compensation Plan, which are not expressly contained in Official Easiest System Ever Materials. Affiliates agree to indemnify Easiest System Ever and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Easiest System Ever as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of the Affiliate Agreement.
5.2.2 – Endorsements of Easiest System Ever Services
No claims as to any services offered by Easiest System Ever may be made except those contained in Official Easiest System Ever Materials.
5.3 - Conflicts
5.3.1 - Targeting Other Direct Sellers
Should Affiliates engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Easiest System Ever services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Affiliate alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, Easiest System Ever will not pay any of Affiliate’s defence costs or legal fees, nor will Easiest System Ever indemnify the Affiliate for any judgment, award, or settlement.
5.3.2 - Privacy and Confidentiality
5.4 - Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current customer number or Affiliate Agreement on file with Easiest System Ever, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of an Easiest System Ever business in accordance with the “Sale, Transfer or Assignment of Easiest System Ever Business” section of these Policies and Procedures.
5.5 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Affiliates shall not represent or imply that Easiest System Ever or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
5.6 - Identification
All Affiliates are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to Easiest System Ever either on the Affiliate Agreement or at the company’s request. Upon enrolment, the Company will provide a unique Affiliate Identification Number to the Affiliate by which they will be identified. This number will be used to place orders and track commissions and bonuses.
5.7 - Income Taxes
Every year, Easiest System Ever will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each Affiliate is responsible for paying local, state and federal taxes on any income generated as aAffiliate. If an Easiest System Ever business is tax exempt, the Federal Tax Identification Number must be provided to Easiest System Ever. Any Affiliate that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their commissions and bonus will be withheld and submitted to the IRS.
5.8 - Independent Contractor Status
You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an Independent Affiliate. You have no authority to bind Easiest System Ever to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent Easiest System Ever Business or the acquisition, receipt, holding, selling, distributing or advertising of Easiest System Ever’s services or opportunity.
Affiliates may not answer the telephone by saying “Easiest System Ever,” “Easiest System Ever Incorporated,” or by any other manner that would lead the caller to believe that they have reached Easiest System Ever’s corporate offices. An Affiliate may only represent that he/she is an Easiest System Ever Affiliate. Therefore, all correspondence and business cards relating to or in connection with an Affiliate’s Easiest System Ever business shall contain the Affiliate’s name followed by the term “Affiliate.”
5.9 - Bonus Buying
Paying the membership fees solely for the purpose of collecting bonuses or achieving rank is prohibited.
5.10 - Stacking
Stacking is the unauthorized manipulation of the Easiest System Ever compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a down line Affiliate in an unearned manner. One example of stacking occurs when a sponsor places participants under an inactive down line participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of Affiliates within a down line organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the Affiliate’s positions of all individuals found to be directly involved.
5.11 - One Easiest System Ever Business per Affiliate
An Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Easiest System Ever business. No individual may have, operate or receive compensation from more than one Easiest System Ever business. Individuals of the same family unit may each enter into or have an interest in their own separate Easiest System Ever businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.
5.13 - Sale, Transfer, or Assignment of anEasiest System Ever Business
Although an Easiest System Ever business is a privately owned, independently operated business, the sale, transfer or assignment of an Easiest System Ever business is subject to certain limitations. If an Affiliate wishes to sell their Easiest System Ever business, the following criteria must be met:
A. Protection of the existing line of sponsorship must always be maintained so that the Easiest System Ever business continues to be operated in that line of sponsorship;
B. The buyer or transferee must become a qualified Easiest System Ever Affiliate. If the buyer is an active Easiest System Ever Affiliate, they must first terminate their Easiest System Ever business and wait six calendar months before acquiring any interest in the new Easiest System Ever business;
C. Before the sale, transfer, or assignment can be finalized and approved by Easiest System Ever, any debt obligations the selling Affiliate has with Easiest System Ever must be satisfied; and
D. The selling Affiliate 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 an Easiest System Ever business.
Prior to selling an Easiest System Ever business, the selling Affiliate must notify Easiest System Ever’s Compliance department of their intent to sell the Easiest System Ever business. No changes in line of sponsorship can result from the sale or transfer of an Easiest System Ever business. An Affiliate may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.
5.14 - Separation of an Easiest System Ever Business
Easiest System Ever Affiliates sometimes operate their Easiest System Ever businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, or trust (the latter three entities are collectively referred to herein as “entities”) 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. If the separating parties fail to provide for the best interests of other Affiliates and the Company in a timely fashion, Easiest System Ever will involuntarily terminate the Affiliate Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
A. One of the parties may, with consent of the other(s), operate the Easiest System Ever business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize Easiest System Ever to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
B. The parties may continue to operate the Easiest System Ever business jointly on a “business-as-usual” basis, whereupon all compensation paid by Easiest System Ever 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. The Company will never remove a party to a position from an Affiliate account without that party’s written permission and signature. Under no circumstances will the down line organization of divorcing spouses or a dissolving business entity be divided. Under no circumstances will Easiest System Ever split commission and bonus checks between divorcing spouses or members of dissolving entities. Easiest System Ever will recognize only one down line organization and will issue only one commission check per Easiest System Ever business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the Affiliate Agreement shall be involuntarily cancelled. If a former spouse has completely relinquished all rights in the original Easiest System Ever business pursuant to a divorce, they are thereafter free to enrol under any sponsor of their choosing without waiting six (6) calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an Affiliate. In either case, however, the former spouse or business affiliate shall have no rights to any Affiliates in their former organization or to any former customer. They must develop the new business in the same manner as would any other new Affiliate.
5.15 - Sponsoring
All Active Affiliates in good standing have the right to sponsor and enroll others into Easiest System Ever. Each prospective customer or Affiliate has the ultimate right to choose his or her own Sponsor. If two Affiliates claim to be the Sponsor of the same new Affiliate or customer, the Company shall regard the last (most recent) application received by the Company as controlling.
SECTION 6 – RESPONSIBILITIES OF AFFILIATES
6.1 - Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials and commission checks, it is critically important that the Easiest System Ever’s files are current. Affiliates planning to move or change their email address must submit an amended Affiliate Agreement complete with the new information.
6.2 – Sponsoring Affiliate Responsibilities
6.2.1 - Initial Training
Any Affiliate who sponsors another Affiliate into Easiest System Ever must perform a bona fide assistance and training function to ensure that their down line is properly operating their Easiest System Ever business. Affiliates must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals whom they are sponsoring to become Affiliates before the applicant signs an Affiliate Agreement.
6.2.2 - Ongoing Training Responsibilities
Affiliates must monitor the Affiliates in their down line organizations to ensure that down line Affiliates do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Affiliate should be able to provide documented evidence to Easiest System Ever of their ongoing fulfilment of the responsibilities of a Sponsor.
6.3 - No disparagement
Affiliates must not disparage, demean, or make negative remarks about Easiest System Ever, other Easiest System Ever Affiliates, Easiest System Ever’s services, the Compensation plan, or Easiest System Ever’s owners, board members, directors, officers, or employees.
6.4 - Reporting Policy Violations
Affiliates observing a Policy violation by another Affiliate should submit a written report of the violation directly to the attention of the Easiest System Ever Compliance department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 – AUTOMATIC BILLING
7.1 - Billing
The company may charge monthly fees from time to time, with Affiliate approval, to cover website costs and other fees. These fees are automatically processed each month with a credit or debit card maintained on file with Easiest System Ever. The Affiliate may make adjustments to their monthly subscription in the back office of the Easiest System Ever website.
SECTION 8 – BONUSES AND COMMISSIONS
8.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, an affiliatemust be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An Affiliate will qualify to receive commissions and bonuses so long as he/she produces one personal membership sale each month or maintains a personal membership in good standing for himself/herself. Aaffiliate is not required to maintain a personal membership but may do so if desired for purposes of this section.
8.2 - Errors or Questions
If an affiliate has questions about or believes any errors have been made regarding commissions, bonuses, Down line Activity Reports, or charges, the affiliate must notify Easiest System Ever in writing within 30 days of the date of the purported error or incident in question. Easiest System Ever will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
8.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrolment of individuals or entities without the knowledge of and/or execution of an affiliate Agreement by such individuals or entities; (b) the fraudulent enrolment of an individual or entity as an affiliate or Customer; (c) the enrolment or attempted enrolment of non-existent individuals or entities as affiliates or Customers (“phantoms”); (d) purchasing Easiest System Ever services on behalf of another affiliate or Customer, or under another affiliate’s or Customer’s ID number, to qualify for commissions or bonuses; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
8.4 - Reports
All information provided by Easiest System Ever, including but not limited to personal sales volume (or any part thereof), and down line sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments, an Affiliate whose Affiliate Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
An Easiest System Ever participant 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, or via email to Easiest System Ever.
SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an 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 Affiliate’s Easiest System Ever business), may result, at Easiest System Ever’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the 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;
• Withholding from an Affiliate all or part of the Affiliate’s bonuses and commissions during the period that Easiest System Ever is investigating any conduct allegedly contrary to the Agreement. If an Affiliate’s business is cancelled for disciplinary reasons, the Affiliate will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual’s Affiliate Agreement for one or more pay periods;
• Involuntary termination of the offender’s Affiliate Agreement;
• Any other measure expressly allowed within any provision of the Agreement or which Easiest System Ever deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate’s policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of Easiest System Ever.
9.2 - Mediation
Prior to instituting 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 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 ten (10) days in advance of the mediation. Each party shall pay its own attorneys fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Alpharetta, Georgia, and shall last no more than two (2) business days.
9.3 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Affiliates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Alpharetta, Georgia. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. 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 arbitration shall survive any termination or expiration of the Agreement.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Nothing in these Policies and Procedures shall prevent Easiest System Ever 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 Easiest System Ever’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
9.4 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Alpharetta, Georgia. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Georgia shall govern all other matters relating to or a rising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana shall be entitled to bring an action against Easiest System Ever in their home forum and pursuant to Louisiana law.
SECTION 10 – EFFECT OF CANCELLATION
10.1- Effect of Cancellation and Termination
So long as an affiliate remains active and complies with the terms of the Affiliate Agreement and these Policies, Easiest System Ever shall pay commissions to such affiliate in accordance with the Compensation Plan. An Affiliate’s bonuses and commissions constitute the entire consideration for the affiliate’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a down line organization). Following an affiliate’s non-continuation of his or her Affiliate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Affiliate Agreement (all of these methods are collectively referred to as “Cancellation”), the former affiliate shall have no right, title, claim or interest to the down line organization which he or she operated, or any commission or bonus from the sales generated by the organization. Affiliates waive any and all rights, including, but not limited to, property rights, in the down line which they may have had. Following an affiliate’s cancellation of his or her Affiliate Agreement, the former affiliate shall not hold him or herself out as an Easiest System Ever affiliate and shall not have the right to sell Easiest System Ever products or services. An Affiliate whose Affiliate Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
An Easiest System Ever participant 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, or via email to Easiest System Ever. The written notice must include the Affiliate’s signature, printed name, address, and Affiliate ID Number.
10.2 - Non-Renewal
An Affiliate may also voluntarily cancel their Affiliate Agreement by failing to commit to these policies. Affiliates have a 60 day grace period to get back into compliance for failure to pay the administrative fee.
SECTION 11 – DEFINITIONS
AGREEMENT: The contract between the Company and each Affiliate; includes the Affiliate Agreement, the Easiest System Ever Policies and Procedures, and theEasiest System Ever Compensation Plan, all in their current form and as amended by Easiest System Ever in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an Affiliate’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Affiliates can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Easiest System Ever services and does not engage in building a business or selling the service.
AFFILIATE: An individual who signs the Affiliate Agreement, sells the service and generates business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by Easiest System Ever that provides critical data relating to the identities of Affiliates, sales information, and enrolment activity of each Affiliate’s organization. This report contains confidential and trade secret information which is proprietary to Easiest System Ever.
ORGANIZATION: The Customers and Affiliates placed below a particular Affiliate.
OFFICIAL Easiest System Ever MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Easiest System Ever to Affiliates.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Easiest System Ever’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrolment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Easiest System Ever Affiliate or Customer to enrol or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: An Affiliate who enrols a Customer or another Affiliate into the Company, and is listed as the Sponsor on the Affiliate Agreement. The act of enrolling others and training them to become Affiliates is called “sponsoring.”
UPLINE: This term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line up to the Company. It is the line of sponsors that links any particular Affiliate to the Company.