Policies and Procedures


Policies and Procedures

Last updated November 28, 2018

Contents

1.              INTRODUCTION.. 5

1.1. Purpose of the Affiliate Agreement and the Policies and Procedures. 5

1.2. Policies and Compensation Plan Incorporated into Affiliate Agreement 5

1.3. Changes to the Agreement 5

1.4. Policies and Provisions Severable. 5

1.5. Waiver  5

1.6. Company Use of Information.. 6

2.              BECOMING AN AFFILIATE.. 6

2.1. Requirements to Become an Affiliate. 6

2.2. Fees, Product and Annual Subscription Purchases. 6

2.3. Affiliate Benefits. 6

2.4. Term and Renewal of Your DFD Business. 7

2.5. Purchasing for other Individuals. 7

3.              OPERATING A DFD BUSINESS.. 7

3.1. Adherence to the DFD Compensation Plan.. 7

3.2. Advertising.. 7

3.2.2.        Trademarks and Copyrights. 8

3.2.3.        Independent DFD Affiliate Logo.. 9

3.2.3.1.      Logos Approved for Affiliate Use. 9

3.2.4.        Media and Media Inquiries. 9

3.2.5.        Unsolicited Email 9

3.2.6.        Requirements for All Commercial Email Messages. 9

3.2.6.5.      Additional Requirements for Email Messages Sent to Wireless Devices. 11

3.2.6.6.      Commercial Email Messages Sent on Behalf of Affiliates. 11

3.2.7.        Unsolicited Faxes. 11

3.2.8.        Telephone Directory Listings. 12

3.2.9.        Television and Radio Advertising.. 12

3.2.10.       Advertised Prices. 12

3.3. Online Conduct 12

3.3.1.        Affiliate Web Sites. 12

3.3.2.        DFD unique URLs. 12

3.3.3.        Domain Names, email Addresses and Online Aliases. 12

3.3.4.        Monetizing Websites. 13

3.3.5.        Online Classifieds. 13

3.3.6.        eBay / Online Auctions. 13

3.3.7.        Banner Advertising.. 13

3.3.8.        Spam Linking.. 13

3.3.9.        Digital Media Submission (YouTube, iTunes, PhotoBucket etc.) 13

3.3.10.       Sponsored Links / Pay-Per-Click (PPC) Ads. 14

3.3.11.       Domain Names and Email Addresses. 14

3.3.12.       Social Media. 14

3.4. Business Entities. 14

3.4.1.        Changes to a Business Entity. 14

3.5. Change of Sponsor. 15

3.5.1.        Misplacement 15

3.5.2.        Upline Approval 15

3.5.3.        Termination and Re-application.. 15

3.5.4.        Waiver of Claims. 15

3.6. Unauthorized Claims and Actions. 16

3.6.1.        Indemnification. 16

3.6.2.        Compensation Plan Claims. 16

3.6.3.        Military Installations. 16

3.7. Trade Shows, Expositions and Other Sales Forums. 17

3.8. Conflicts of Interest 17

3.8.1.        Crossline Recruiting.. 17

3.8.2.        Non-solicitation.. 18

3.8.3.        Affiliate Participation in Other Network Marketing Programs. 18

3.8.4.        Confidential Information.. 19

3.9. Targeting Other Direct Sellers. 19

3.10.         Errors or Questions. 20

3.11.         Governmental Approval or Endorsement 20

3.12.         Income Taxes. 20

3.13.         Independent Contractor Status. 20

3.14.         Insurance. 20

3.15.         International Marketing.. 20

3.16.         Excess Inventory and Bonus Buying.. 20

3.17.         Adherence to Laws and Regulations. 21

3.18.         Actions of Household Members or Affiliated Parties. 21

3.19.         Requests for Records. 21

3.20.         Roll-up of Marketing Organization.. 21

3.21.         Sale, Transfer or Assignment of DFD Business. 21

3.22.         Separation of a DFD Business. 22

3.23.         Sponsoring Online. 23

3.24.         Succession.. 23

3.24.1.       Transfer Upon Death of an Affiliate. 23

3.24.2.       Transfer Upon Incapacitation of an Affiliate. 23

3.25.         Telemarketing Techniques. 23

3.26.         Back Office Access. 24

3.27.         Unauthorized Communication.. 24

4.              RESPONSIBILITIES OF AFFILIATES.. 24

4.1. Change of Address, Telephone, and E-Mail Addresses. 25

4.2. Continuing Development Obligations. 25

4.2.1.        Ongoing Training.. 25

4.2.2.        Increased Training Responsibilities. 25

4.2.3.        Ongoing Sales Responsibilities. 25

4.3. Non-disparagement 25

4.4. Providing Documentation to Applicants. 26

5.              SALES REQUIREMENTS.. 26

5.1. Annual Subscription Sales. 26

5.2. No Territory Restrictions. 26

5.3. Sales Receipts. 26

6.              BONUSES AND COMMISSIONS.. 26

6.1. Bonus and Commission.. 26

6.1.1.        Qualification.. 26

6.1.2.        Business Center. 27

6.1.3.        Network / Genealogy. 27

6.1.4.        Pay Period.. 27

6.1.5.        Payouts. 27

6.2. Reports. 27

7.              SUBSCRIPTION GUARANTEE AND REFUNDS. 28

7.1. Annual Subscriptions. 28

7.2. Refunds. 28

7.3. Informing Members. 28

8.              DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS.. 29

8.1. Disciplinary Sanctions. 29

8.2. Grievances and Complaints. 29

8.3. Mediation.. 29

8.4. Arbitration.. 30

8.5. Governing Law, Jurisdiction, and Venue. 30

9.              PAYMENTS.. 31

9.1. Returned Checks. 31

9.2. Restrictions on Third Party Use of Credit Cards and Bank Account Access. 31

9.3. Purchasing for other Individuals. 31

9.4. Sales Tax. 31

10.            INACTIVITY, RECLASSIFICATION, AND TERMINATION.. 31

10.1.         Effect of Termination.. 31

10.2.         Involuntary Termination.. 32

10.3.         Voluntary Termination.. 32

10.4.         Non-renewal 32

11.            CONTACT US.. 32

 

 

  1. INTRODUCTION

 

    1. Purpose of the Affiliate Agreement and the Policies and Procedures

 

The purposes of the Affiliate Agreement and the Policies and Procedures include the following:

 

  • To assist Affiliates in building and protecting their businesses;
  • To protect eMatrics and its Affiliates from regulatory risks;
  • To establish standards of acceptable behavior;
  • To set forth the rights, privileges, and obligations of DFD and its Affiliates; and
  • To define the relationship between DFD and its Affiliates.

 

    1. Policies and Compensation Plan Incorporated into Affiliate Agreement

 

These Policies and Procedures and the Compensation Plan, in their present form and as amended by eMatrics LLC and Daily Food Deals (hereafter “DFD” or the “Company”), are incorporated into, and form an integral part of, the DFD Affiliate Agreement (“Affiliate Agreement”). It is the responsibility of each 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 DFD Affiliate Agreement (including the Terms and Conditions), these Policies and Procedures and the DFD Compensation Plan. These documents are incorporated by reference into the DFD Affiliate Agreement (all in their current form and as amended by DFD).

 

    1. Changes to the Agreement

 

DFD reserves the right to amend the Agreement, the Compensation Plan, in its sole and absolute discretion. By accepting the Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that DFD 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) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) posting in Affiliates back-offices; (4) inclusion in Company periodicals; (5) inclusion in bonus checks; or (6) special mailings. The continuation of an Affiliates DFD business, the acceptance of any benefits under the Agreement, or an Affiliates acceptance of bonuses or commissions constitutes acceptance of all amendments.

 

    1. 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. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

 

    1. 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 DFD 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 DFD’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an Affiliate against DFD shall not constitute a defense to DFD’s enforcement of any term or provision of the Agreement.

 

    1. Company Use of Information

 

By agreeing to the Affiliate Agreement that is on the DFD website and the Affiliates Back office, the Affiliate consents to allow DFD, its affiliates, and any related company to: (a) process and utilize the information submitted in the Affiliates back office (as amended from time to time) for business purposes related to the DFD business; and (2) disclose, now or in the future, such Affiliate information to companies which DFD may, from time to time, deal with to deliver information to an Affiliate to improve its marketing, operational, and promotional efforts. An Affiliate has the right to access his or her personal information via his or her respective back office, and to submit updates thereto.

 

 

  1. BECOMING AN AFFILIATE

 

    1. Requirements to Become an Affiliate

 

To become a DFD Affiliate, each applicant must:

 

  • Be at least 18 years of age;
  • Reside in the United States of America, the United States or U.S. Territories or country that DFD has officially announced is open for business;
  • Provide DFD with his/her valid Social Security or Federal Tax ID number;
  • Agree to the Affiliate Agreement during the registration process.
  • DFD reserves the right to accept or reject any Affiliate for any reason or for no reason.

 

    1. Fees, Product and Annual Subscription Purchases

 

The DFD program is based on an annual subscription. To become an Affiliate, simply purchase an annual subscription. The annual subscription includes the one-year access to the Daily Food Deals app, an Affiliate (sponsor) ID and a back-office account (Business Office) on MyDailyFoodDeals.com. There is unique Affiliate ID and Business Office created for each annual subscription purchased.

 

    1. Affiliate Benefits

 

Once an Affiliate Agreement has been accepted during registration, the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to:

 

  • Sell DFD products and services;

 

  • Participate in the DFD Compensation Plan (receive bonuses and commissions, if eligible);

 

  • Sponsor other individuals as Affiliates into the DFD business and thereby, build a marketing organization and progress through the DFD Compensation Plan;

 

  • Receive periodic DFD literature and other DFD communications;

 

  • Participate in promotional and incentive contests and programs sponsored by DFD for its Affiliates.

 

    1. Term and Renewal of Your DFD Business

 

The term of the Affiliate Agreement is one year from the date of registration. Affiliates must renew their Affiliate Agreement each year by paying an annual renewal fee of $100.00 on or before the anniversary date of their Affiliate Agreement in order to continue to receive bonuses and commissions. If the renewal fee is not paid within thirty (30) days after the expiration of the current term of the Affiliate Agreement, the Affiliate Agreement will be automatically terminated. Affiliates without a credit card or bank account must renew by phone or mail. DFD shall have the right in its sole and absolute discretion not to accept the Agreement or any renewal of it.

 

Should the Affiliate fail to renew their subscription by on or before the anniversary date, the Affiliate shall forfeit all bonuses and commissions that would have been paid to the Affiliate until such time that the Affiliate renews. If an Affiliate renews AFTER the anniversary date, the Affiliate shall only receive bonuses and commissions that payout AFTER the date of renewal. All bonuses and commissions that would have paid between the anniversary date and the “late” renewal date are forfeited.

 

    1. Purchasing for other Individuals

 

If you have purchased an annual subscription as a gift for someone with the intention of that person using the associated Affiliate ID and Business Office, that individual must submit an email to policy@dailyfooddeals.com acknowledging acceptance of the Affiliate Agreement. No bonuses and/or commissions will be paid out until acceptance has been made.

 

 

  1. OPERATING A DFD BUSINESS

 

    1. Adherence to the DFD Compensation Plan

 

Affiliates must adhere to the terms of the DFD Compensation Plan as set forth in official DFD literature. Affiliates shall not offer the DFD opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official DFD literature. Affiliates shall not require or encourage other current or prospective customers (Members) or Affiliates to accept any agreement or contract other than official DFD agreements and contracts in order to become a DFD Affiliates. Similarly, Affiliates shall not require or encourage other current or prospective Members or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the DFD Compensation Plan other than those purchases or payments identified as recommended or required in official DFD documents or literature.

 

    1. Advertising

 

      1. General

 

All Affiliates shall safeguard and promote the good reputation of DFD and its products. The marketing and promotion of DFD, the DFD opportunity, the Compensation Plan, and DFD products must avoid all discourteous, deceptive, misleading, unethical or immoral, or illegal conduct or practices.

 

To promote the products and services, and the tremendous opportunity DFD offers, Affiliates must use the sales aids, business tools, and support materials produced or approved by DFD. 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.

 

Accordingly, Affiliates may only advertise or promote their DFD business using approved tools, templates or images acquired through DFD. 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 DFD advertising department (support@dailyfooddeals.com) for consideration and inclusion in the template/image library. Unless you receive specific written approval from DFD to use such tools, the request shall be deemed denied.

 

Affiliates may not sell sales aids to other DFD Affiliates. Therefore, Affiliates who receive authorization from DFD to produce their own sales aids may not sell such material to any other DFD Affiliates. Affiliates may make approved material available to other Affiliates free of charge if they wish, but may not charge other DFD Affiliates for the material.

 

DFD further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and Affiliates waive all claims for damages or remuneration arising from or relating to such rescission.

 

      1. Trademarks and Copyrights

 

The name of eMatrics and Daily Food Deals and other names as may be adopted by DFD are proprietary trade names, trademarks and service marks of DFD (collectively “marks”). As such, these marks are of great value to DFD and are supplied to Affiliates for their use only in an expressly authorized manner. DFD will only allow the limited non-exclusive use of its marks, designs, or symbols, or any derivatives thereof, solely by an Affiliates in the furtherance or operation of his or her DFD business, consistent with these Policies and Procedures. DFD will not allow the use of its marks, designs, or symbols, or any derivatives thereof, by any person, including DFD Affiliates, in any manner without its prior, written permission.

 

The content of all Company sponsored events is copyrighted material. Affiliates may not produce for sale or distribution any recorded Company events and speeches without written permission from DFD, nor may Affiliates reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations. As an independent Affiliates, you may use the DFD name in the following manner

 

  • Affiliate’s Name
  • Independent DFD Affiliate

 

Example:

 

  • John Doe
  • Independent DFD Affiliate

 

Or

 

  • John Doe
  • Independent Affiliate

 

Affiliates may not use the name DFD 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 DFD Affiliate in your phone greeting or on your answering machine to clearly separate your independent DFD business from eMatrics, LLC, DFD or Daily Food Deals. For example, you may not secure the domain name www.buyDailyFoodDeals.com or www.buyDFD.com, nor may you create an email address such as DailyFoodDealssales@hotmail.com or DFDsales@hotmail.com.

 

 

      1. Independent DFD Affiliate Logo

 

If you use a DFD logo in any communication, you must use the Independent Affiliate version of the DFD logo. Using any other DFD logo requires written approval. Please see examples below:

 

        1. Logos Approved for Affiliate Use

 

Contact admin@dailyfooddeals.com for high resolution copies of the images below.

 

 

      1. Media and Media Inquiries

 

Affiliates must not attempt to respond to media inquiries regarding DFD, its products or services, or their independent DFD business. All inquiries by any type of media must be immediately referred to DFD’s Marketing Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.

 

      1. Unsolicited Email

 

DFD does not permit Affiliates to send unsolicited commercial emails unless such emails strictly comply with applicable state and federal laws and regulations including, without limitation, the federal CAN SPAM Act. The CAN-SPAM Act regulates the transmission of all commercial e-mail messages, not just unsolicited messages. A commercial e-mail message is defined as any e-mail that has a “primary purpose of . . . commercial advertisement or promotion of a commercial product or service.” This includes commercial e-mails sent to business e-mail accounts, as well as those sent to individual consumers.

 

      1. Requirements for All Commercial Email Messages

 

        1. The Mailing List

 

  • The mailing list may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you.
  • The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).
  • You must “scrub” the mailing list against available “do not e-mail” list at the last possible, commercially reasonable moment before the e-mail is sent.

 

        1. The E-mail Message

 

  • The message must include complete and accurate transmission and header information.
  • The “From” line must identify your business as the sender. This does not have to include your business’s formal name, if any. For example, it may contain your business’s name, trade name, or product or service name. The key requirement is that the “From” line provide the recipient with enough information to understand who is sending the message.
  • The “Subject” line must accurately describe the message’s content.
  • The message must clearly include the business’s valid, current physical postal address. This address can be a:

 

      • street address;
      • post office box that the business has accurately registered with the US Postal Service; or
      • private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.

 

  • The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
  • There must be a functioning return email address to the sender.
  • The use of deceptive subject lines and/or false header information is prohibited.

 

        1. The Opt-out Mechanism

 

  • The message must clearly explain that the recipient may opt out of receiving future commercial messages from the business.
  • The message must include either an e-mail address or other online mechanism that the recipient may use for this opt out. The mechanism must not require the recipient to:

 

      • do anything more than reply to the e-mail or visit a single web page to opt out;
      • make any payment or submit any personal information, including account information (other than e-mail address), to opt out; and
      • the opt-out mechanism must work for at least 30 days after the e-mail is sent.

 

  • You must ensure that the explanation of how a recipient can opt out is easy to read and understand.
  • You may include a menu of opt-out options that permit the recipient to select the types of commercial messages the recipient would like to continue receiving. However, one option must permit opting out of all commercial messages from you.
  • You must honor all opt-out requests within ten business days.
  • Opt-out requests do not expire. An opt-out is overridden only by the recipient’s subsequent express (opt in) request to receive commercial e-mail.
  • All opt-out requests, whether received by email or regular mail, must be honored. If you receive an opt-out request from a recipient of an email, you must forward the opt-out request to the Company.
  • You may not sell, share or use a business’s opt-out list for any reason other than to comply with the law.

 

        1. Monitoring Opt-out Capabilities

If you use a third-party service provider you must implement procedures to ensure that your opt-out capabilities actually work. An example of a basic procedure to test the opt-out procedure is as follows:

 

  • Establish e-mail accounts with several major private e-mail account providers (for example, Gmail, Yahoo, Hotmail, AOL, and so on) and add these e-mail addresses to the business’s mailing list. For each e-mail address created for monitoring purposes, use the business’s opt- out mechanism to remove the e-mail address from the mailing list.
  • Repeat this procedure on a regular basis (for example, at least every two weeks).
  • Examine the e-mail received by the monitoring e-mail account to confirm that the: opt-out mechanism works; opt-out request is honored within 10 business days; and monitoring e-mail account no longer receives commercial messages from the business.
  • If the monitoring and testing process reveals problems, the business should immediately fix the issues.
  • Third-party Marketing Affiliates or Service Providers - When using third-party service providers, including affiliate marketers you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the CAN-SPAM Act and includes appropriate and adequate remedies for noncompliance.

 

        1. Additional Requirements for Email Messages Sent to Wireless Devices

 

When sending commercial messages to wireless devices:

 

  • Ensure that you have the recipient’s prior, affirmative consent (opt in) to send the commercial message. The consent can be oral, written or electronic.
  • Ask for consent in a way that involves no cost to the recipient, for example:
      • do not send the request to the wireless device; and
      • allow the recipient to respond in a way that involves no cost (such as an online, e-mail or postal mail sign-up).

 

  • When seeking consent, make it clear that the recipient:
      • is agreeing to receive commercial e-mail on his wireless device;
      • may be charged to receive the e-mail; and
      • can revoke his consent at any time.

 

        1. Commercial Email Messages Sent on Behalf of Affiliates

 

DFD may periodically send commercial emails on behalf of Affiliates. By accepting 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 honor opt-out requests generated as a result of such emails sent by the Company.

 

      1. Unsolicited Faxes

 

Except as provided in this section, Affiliates may not use or transmit unsolicited faxes in connection with their DFD business. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting DFD, 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 Affiliates 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 Affiliates and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Affiliates; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.

 

      1. Telephone Directory Listings

 

Affiliates may list themselves as an “Independent DFD Affiliate” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No Affiliates may place telephone or online directory display ads using DFD’s name or logo. Affiliates may not answer the telephone by saying “Daily Food Deals”, “eMatrics”, “Daily Food Deals LLC”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of DFD. If an Affiliate wishes to post his/her name in a telephone or online directory, it must be listed in the following format:

 

  • Affiliate’s Name
  • Independent DFD Affiliate

 

      1. Television and Radio Advertising

 

Affiliates may not advertise on television and radio except with DFD’s express written approval.

 

      1. Advertised Prices

 

Affiliates may not create their own marketing or advertising material offering any DFD products at a price less than the current price and applicable taxes.

 

    1. Online Conduct

 

      1. Affiliate Web Sites

 

Affiliates are provided with a unique URL provided by DFD, from which they can take registrations and subscriptions. Affiliates may use only replicated websites provided by DFD to promote their DFD business, and may not create their own websites to directly or indirectly promote DFD’s products, services, or the DFD opportunity.

 

      1. DFD unique URLs

 

Affiliates receive a DFD unique URL to facilitate online buying experience for their Members and enrollments for prospective Members and Affiliates. The URL can be placed on any Social Media platform to direct potential sales to the Affiliates signup page.

 

      1. Domain Names, email Addresses and Online Aliases

 

You are not allowed to use or register DFD or any of DFD’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 DFD. Examples of the improper use of DFD include, but are not limited to any form of DFD showing up as the sender of an email or examples such as:

 

 

      1. Monetizing Websites

 

Affiliates may not monetize their Registered External Website through affiliate programs, pay-per-click or cost-per-impression advertising, selling ad space, accepting donations, accepting sponsored posts or articles, adSense, or similar programs.

 

      1. Online Classifieds

 

You may use online classifieds (including Craigslist) to list, sell or retail specific DFD products or services. However, you are solely and exclusively responsible for complying with all applicable federal, state and local laws, if any. In addition, you may also use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the DFD income opportunity, provided DFD-approved templates/images are used. These templates will identify you as an Independent DFD Affiliates. If a link or URL is provided, it must the unique URL provided by DFD.

 

      1. eBay / Online Auctions

 

DFD’s products may not be listed, offered and sold on eBay or other online auctions.

 

      1. Banner Advertising

 

You may place banner advertisements on a website provided you use DFD-approved templates and images. All banner advertisements must link to your unique URL provided by DFD. Affiliates 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 Affiliated with DFD products or the DFD opportunity.

 

      1. 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.

 

      1. Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)

 

Affiliates may upload, submit or publish DFD-related video, audio or photo content that they develop and create so long as it aligns with DFD’s values, contributes to the DFD community greater good, and is in compliance with DFD’s Policies and Procedures. All submissions must clearly identify you as an Independent DFD Affiliates 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. Affiliates may not upload, submit or publish any content (video, audio, presentations or any computer files) received from DFD or captured at official DFD events or in buildings owned, leased, or operated by DFD without prior written permission from DFD.

 

      1. Sponsored Links / Pay-Per-Click (PPC) Ads

 

Sponsored links or pay-per-click ads (PPC) are not acceptable.

 

      1. Domain Names and Email Addresses

 

Except as set forth in the Affiliate Agreement, Affiliates may not use or attempt to register any of DFD’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.

 

      1. Social Media

 

In addition to meeting all other requirements specified in these Policies and Procedures, should you utilize any form of social media, including but not limited to Facebook, Twitter, LinkedIn, YouTube, or Pinterest, provided you are posting your unique URL provided by DFD and you agree to each of the following:

 

  • No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to your unique URL.
  • It is your responsibility to follow the social media site’s terms of use. If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s terms of use.
  • Any social media site that is directly or indirectly operated or controlled by an Affiliate that is used to discuss or promote DFD’s products or the DFD opportunity may not link to any website, social media site, or site of any other nature, other than the Affiliate’s unique URL provided by DFD.
  • During the term of this Agreement and for a period of 12 calendar months thereafter, an Affiliate may not use any social media site on which they discuss or promote, or have discussed or promoted, the DFD business or DFD’s products to directly or indirectly solicit DFD Affiliates for another direct selling or network marketing program (collectively, “direct selling”). In furtherance of this provision, an Affiliate shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other Affiliate relating to the Affiliate’s other direct selling business activities. Violation of this provision shall constitute a violation of the non-solicitation provision in Section 4.10 (Conflicts of Interest) below.
  • If an Affiliate creates a business profile page on any social media site that promotes or relates to DFD, its products, or opportunity, the business profile page must relate exclusively to the Affiliate’s DFD business and DFD products. If the Affiliate’s DFD business is cancelled for any reason or if the Affiliate becomes inactive, the Affiliate must deactivate the business profile page.

 

    1. Business Entities

 

A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a DFD Affiliate by submitting an Affiliate Agreement along with a properly completed Business Entity Registration Form 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 (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to DFD, compliance with the DFD Policies and Procedures, the DFD Affiliate Agreement, and other obligations to DFD.

 

      1. Changes to a Business Entity

 

Each Affiliate must immediately notify DFD of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.

 

    1. Change of Sponsor

 

DFD strongly discourages changes in sponsorship. In order to protect all Sponsors, no Affiliate may interfere with the relationship between another Affiliate and his or her Sponsor in any way. An Affiliate may not offer, entice, encourage, solicit, recruit, or otherwise influence or attempt to persuade another Affiliate to change his or her Sponsor or line of sponsorship, either directly or indirectly. Accordingly, the transfer of a DFD business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the Affiliate Services Department, and must include the reason for the transfer. Transfers will only be considered in the following three circumstances:

 

      1. Misplacement

 

In cases in which the new Affiliate is sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, an 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 thirty (30) days from the date of enrollment. The Affiliate requesting the change has the burden of proving that he or she was placed beneath the incorrect sponsor. It is up to DFD’s discretion whether the requested change will be implemented.

 

      1. Upline Approval

 

The Affiliate seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of his or her immediate four (4) upline Affiliates in his or her marketing organization. Photocopied or facsimile signatures are not acceptable. All Affiliate signatures must be notarized. The Affiliate who requests the transfer must submit a fee of fifty dollars ($50.00) for administrative charges and data processing. If the transferring Affiliate also wants to move any of the Affiliate in his or her marketing organization, each downline Affiliate must also obtain a properly completed Sponsorship Transfer Form and return it to DFD with the fifty dollars ($50.00) change fee (i.e., the transferring Affiliate and each Affiliate in his or her marketing organization multiplied by fifty dollars ($50.00) is the cost to move a DFD business.) Downline Affiliates will not be moved with the transferring Affiliate unless all of the requirements of this paragraph are met. Transferring Affiliates must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by DFD for processing and verifying change requests.

 

      1. Termination and Re-application

 

An Affiliate may legitimately change organizations by voluntarily canceling his or her DFD business and remaining inactive (i.e., no purchases of DFD products for resale, no sales of DFD products, no sponsoring, no attendance at any DFD functions, participation in any other form of Affiliate activity, or operation of any other DFD business, no income from the DFD business) for six (6) full calendar months. Following the six month period of inactivity, the former Affiliate may reapply under a new sponsor, however, the former Affiliate’s downline will remain in their original line of sponsorship. DFD will consider waiving the six month waiting period under exceptional circumstances. Such requests for waiver must be submitted to DFD in writing.

 

      1. Waiver of Claims

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 an Affiliate, DFD 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 DFD, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM DFD’s DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.

 

    1. Unauthorized Claims and Actions
      1. Indemnification

 

An Affiliate is fully responsible for all of his or her verbal and written statements made regarding DFD products, services, and the Compensation Plan that are not expressly contained in official DFD 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. Affiliate agree to indemnify DFD and DFD’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 DFD as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.

 

      1. Compensation Plan Claims

 

When presenting or discussing the DFD Compensation Plan, you must make it clear to prospects that financial success with DFD requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:

 

  • It’s a turnkey system;
  • The system will do the work for you;
  • Just get in and your downline will build through spillover;
  • Just join and I’ll build your downline for you;
  • The company does all the work for you;
  • You don’t have to sell anything; or

 

The above are merely examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as a DFD Affiliate without commitment, effort, and sales skill.

 

 

      1. Military Installations

 

The offer, promotion, or sale of the goods and services, or the offer and promotion of the DFD opportunity on a military installation is not a right – it is a privilege. Even if an Affiliate lives on a military installation, he or she does not have the right to offer our products or opportunity to anyone on that installation without the permission of the installation Commander. For the purposes of the U.S. Navy personnel and Navy Regulations, the definition of an “installation” also includes U.S. Navy vessels.

 

Any Affiliate who wants to offer, promote, or sell DFD products, or offer and promote the DFD opportunity (these activities will be collectively referred to as “commercial solicitation activities”) on a military installation must make an inquiry to the office of the installation Commander to determine whether the Commander has granted permission for DFD Affiliates to engage in such activities on the installation. If the Commander has not done so, the Affiliate must contact DFD’s offices to ask the Company to obtain the Commander’s permission. Affiliates are prohibited from seeking such permission from any installation Commander. If obtained, the permission to engage in commercial solicitation activities on a military installation is granted only for one particular installation.

 

Any Affiliate who intends to engage in commercial solicitation activities on a military installation must be aware of and become completely familiar with the applicable military Regulation or Instruction. There are many activities that are permissible in a civilian environment that are not permissible on a military installation. Some of these activities include, but are not limited to:

 

  • Solicitation during enlistment or induction processing or during basic combat training, and within the first half of the one station unit training cycle.
  • Solicitation of “mass,” “group,” or “captive” audiences.
  • Making appointments with or soliciting military personnel during their normally-scheduled duty hours.
  • Soliciting without an appointment in areas used for housing or processing transient personnel, or soliciting in barracks areas used as quarters.
  • Use of official military identification cards or vehicle decals by active duty, retired, or reserve members of the military services to gain access to Army installations for the purpose of soliciting. (When entering the installation for the purpose of solicitation, Affiliates with military identification cards and/or installation vehicle decals must present documentation issued by the installation authorizing solicitations.)
  • Offering rebates to promote transaction or to eliminate competition.
  • Any oral or written representations which suggest or appear that the military branch sponsors or endorses the Company or its Affiliates, or the goods, services, and commodities offered for sale.
  • The designation of any agent or the use by any agent of titles (for example, “Battalion Insurance Counselor,” “Unit Insurance Advisor,” “Servicemen’s Group Life Insurance Conversion Consultant”) that in any manner states or implies any type of endorsement from the U.S. Government, the Armed Forces, or any State or Federal agency or Government entity.
  • Entry into any unauthorized or restricted area.
  • Distribution of literature other than to the person being interviewed.
  • Contacting military personnel by calling a Government telephone, faxing to a Government fax machine, or sending e-mail to a Government computer, unless a pre-existing relation (that is, the military member is a current client or requested to be contacted) exists between the parties and the military member has not asked for the contact to be terminated.
  • Soliciting door to door or without an appointment.

 

The foregoing items are not an all-inclusive list. There are many more prohibited activities that are addressed in the applicable military Regulation or Instruction. The violation of military Regulations or Instructions by one Affiliate could jeopardize the ability of all DFD Affiliates to engage in commercial solicitation activities on a particular military installation or even the entire branch of the military involved (e.g., Army, Air Force, Navy, Marines, or Coast Guard).

 

    1. Trade Shows, Expositions and Other Sales Forums

 

Affiliates may display and/or sell DFD products at trade shows and professional expositions.

 

 

    1. Conflicts of Interest

 

      1. Crossline Recruiting

 

Affiliates are prohibited from crossline recruiting. The use of a spouse or relative’s name, trade names, DBAs, assumed names, entities, federal identification numbers, or fictitious identification numbers, or any other device or contrivance to circumvent this policy is prohibited. An Affiliate shall not demean, discredit, or defame other DFD Affiliates in an attempt to entice another Member, Affiliate or prospective Affiliate to become part of his or her organization.

 

For the purposes of this Section 4.10.1, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, another DFD Affiliate or Member to enroll, join, or otherwise participate in another DFD marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.

 

      1. Non-solicitation

 

DFD Affiliates are free to participate in other direct selling, multilevel marketing, or network marketing entities, businesses, organizations, opportunities, or ventures (collectively referred to as a “network marketing business”). However, during the term of this Agreement, any renewal or extension hereof, and for a period of six calendar months following the termination of an Affiliate’s Independent Affiliate Agreement, with the exception of an Affiliate who is personally sponsored by the Affiliate (or former Affiliate, as may be applicable), an Affiliate (or former Affiliate) may not recruit any DFD Affiliate or Member for another network marketing business. Affiliates and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Affiliates and DFD agree that this non-solicitation provision shall apply nationwide throughout the United States and to all international markets in which Affiliates are located. This provision shall survive the termination or expiration of the Affiliate Agreement.

 

For the purposes of this Section 4.10.2, the term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way (either directly, indirectly, or through a third party) another DFD Affiliate or Member to: (1) enroll, join, or otherwise participate in another network marketing business; or (2) terminate or alter his or her business or contractual relationship with the DFD. The term “recruit” also includes the above activities in the event that the Affiliate’s actions are in response to an inquiry made by another Affiliate or Member.

 

      1. Affiliate Participation in Other Network Marketing Programs

 

If an Affiliate is engaged in other non-DFD network marketing business, it is the responsibility of the Affiliate to ensure that his or her DFD business is operated entirely separate and apart from any other network marketing business. To this end, the following must be adhered to:

 

  • Affiliates must not sell, or attempt to sell, any competing non-DFD programs, products or services to DFD Members or Affiliates. Any program, product or services in the same generic categories as DFD products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors. This provision does not apply where professional services are the primary source of revenues and the product sales are secondary to the provision of such services (e.g., physician’s offices, health clinics, health clubs, gyms, spas or beauty salons). However, an Affiliate may sell non-competing products or services to DFD Members or Affiliates who are personally-sponsored.
  • Affiliates shall not display DFD promotional material, sales aids, products or services with or in the same location as, any non-DFD promotional material or sales aids, products or services.
  • Affiliates may not offer any non-DFD opportunity, products, services or opportunity at any DFD-related meeting, seminar, convention, webinar, teleconference, or other function.

 

      1. Confidential Information

 

“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of DFD Members and Affiliates, contact information of DFD Members and Affiliates, Affiliates’ personal sales volumes, Affiliate rank and/or achievement levels, and other financial and business information. All Confidential Information (whether oral or in written or electronic form) is proprietary information of DFD and constitutes a business trade secret belonging to DFD. Confidential Information is, or may be available, to Affiliates in their respective back-offices. Affiliate access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to DFD. Such Confidential Information is provided to Affiliates in strictest confidence and is made available to Affiliates for the sole purpose of assisting Affiliates in working with their respective downline organizations in the development of their DFD business. Affiliates may not use the reports for any purpose other than for developing, managing, or operating their DFD business. Where an Affiliate participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. Affiliates should use the Confidential Information to assist, motivate, and train their downline Affiliates. The Affiliate and DFD agree that, but for this agreement of confidentiality and nondisclosure, DFD would not provide Confidential Information to the Affiliate.

 

To protect the Confidential Information, Affiliates 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 DFD or for any purpose other than promoting his or her DFD business;
  • Recruit or solicit any Affiliate or Member of DFD listed on any report or in the Affiliate’s back-office, or in any manner attempt to influence or induce any Affiliate or Member of DFD, to alter their business relationship with DFD; 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 an Affiliate’s Agreement has been terminated, or whether the Affiliate is or is not otherwise affiliated with the DFD. Upon nonrenewal or termination of the Agreement, Affiliates must immediately discontinue all use of the Confidential Information and if requested by the DFD promptly return all materials in their possession to the DFD within five (5) business days of request at their own expense.

 

    1. Targeting Other Direct Sellers

 

DFD does not condone Affiliates specifically or consciously targeting the sales force of another direct sales company to sell DFD products or to become Affiliates for DFD, nor does DFD condone Affiliates 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 Affiliates 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 an Affiliate alleging that he or she engaged in inappropriate recruiting activity of its sales force or Members, DFD will not pay any of the Affiliate’s defense costs or legal fees, nor will DFD indemnify the Affiliate for any judgment, award, or settlement.

 

    1. Errors or Questions

 

If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the Affiliate must notify DFD in writing within 60 days of the date of the purported error or incident in question. DFD will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.

 

    1. Governmental Approval or Endorsement

 

Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Affiliates shall not represent or imply that DFD or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.

 

    1. Income Taxes

 

Each Affiliate is responsible for paying local, state, and federal taxes on any income generated as an Independent Affiliate. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If an Affiliate’s DFD business is tax exempt, the Federal tax identification number must be provided to DFD. Every year, DFD will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who had earnings of over $600 in the previous calendar year.

 

    1. Independent Contractor Status

 

Affiliates are independent contractors. The agreement between DFD and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. Affiliates shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. The Affiliate has no authority (expressed or implied), to bind the Company to any obligation. Each 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 Affiliate Agreement, these Policies and Procedures, and applicable laws.

 

    1. Insurance

 

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.

 

    1. International Marketing

 

Affiliates are authorized to sell DFD products and services, and enroll Members or Affiliates only in the countries in which DFD is authorized to conduct business, as announced in official Company literature. DFD products or sales aids may not be shipped into or sold in any foreign country. Affiliates may sell, give, transfer, or distribute DFD products or sales aids only in their home country. In addition, no Affiliate may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential Members or Affiliates; or (c) conduct any other activity for the purpose of selling DFD products, establishing a marketing organization, or promoting the DFD opportunity.

 

    1. Excess Inventory and Bonus Buying

 

Affiliates 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 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.

 

    1. Adherence to Laws and Regulations

 

Affiliates must comply with all federal, state, and local laws, regulations, ordinances, and codes 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 Affiliates because of the nature of their business. However, Affiliates must obey those laws that do apply to them. If a city or county official tells an Affiliate that an ordinance applies to him or her, the Affiliate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of DFD.

 

    1. Actions of Household Members or Affiliated Parties

 

If any member of an Affiliate’s immediate household engages in any activity which, if performed by the Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and DFD may take disciplinary action pursuant to these Policies and Procedures against the Affiliate. Similarly, if any individual Affiliated in any way with a corporation, partnership, limited liability company, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and DFD may take disciplinary action against the Business Entity. Likewise, if an Affiliate enrolls in DFD as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.

 

    1. Requests for Records

 

Any request from an Affiliate for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.

 

    1. Roll-up of Marketing Organization

 

When a vacancy occurs in a Marketing Organization due to the termination of a DFD business, the Affiliate in the first level immediately below the terminated Affiliate on the date of the termination will not be moved to the first level (“front line”) of the terminated Affiliate’s sponsor. The position occupied by the terminated Affiliate shall remain permanently vacant.

 

    1. Sale, Transfer or Assignment of DFD Business

 

Although a DFD business is a privately owned and independently operated business, the sale, transfer or assignment of a DFD business, and the sale, transfer, or assignment of an interest in a Business Entity that owns or operates a DFD business, is subject to certain limitations. If an Affiliate wishes to sell his or her DFD business, or interest in a Business Entity that owns or operates a DFD business, the following criteria must be met:

 

  • The selling Affiliate must offer DFD the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. DFD 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 DFD Affiliate. If the buyer is an active DFD Affiliate, he or she must first terminate his or her DFD business and wait six calendar months before acquiring any interest in a different DFD business;
  • Before the sale, transfer or assignment can be finalized and approved by DFD, any debt obligations the selling party has with DFD 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 DFD business.

 

Prior to selling an independent DFD business or Business Entity interest, the selling Affiliate must notify DFD’s Compliance Department in writing and advise of his or her intent to sell his/her DFD business or Business Entity interest. The selling 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 DFD business. In the event that an Affiliate transfers, assigns, or sells his or her DFD business without the express written approval of the Compliance Department, such transfer, assignment, or sale shall be voidable in the sole and absolute discretion of DFD.

 

    1. Separation of a DFD Business

 

DFD Affiliates sometimes operate their DFD 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, limited liability company, 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 DFD business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize DFD to deal directly and solely with the other spouse or non- relinquishing shareholder, member, partner, or trustee.
  • The parties may continue to operate the DFD business jointly on a “business-as-usual” basis, whereupon all compensation paid by DFD 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 DFD split commission and bonus checks between divorcing spouses or members of dissolving entities. DFD will recognize only one downline organization and will issue only one commission check per DFD 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 DFD business pursuant to a divorce, he or she is thereafter free 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 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, the former spouse or business affiliate shall have no rights to any Affiliates in their former organization or to any former Member. They must develop the new business in the same manner as would any other new Affiliate.

 

    1. Sponsoring Online

 

When sponsoring a new 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, DFD’s Policies and Procedures, and the DFD Compensation Plan. The sponsor may not fill out the online Affiliate Application and Agreement on behalf of the applicant and agree to these materials on behalf of the applicant.

 

    1. Succession

 

Upon the death or incapacitation of an 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, an Affiliate should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a DFD business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Affiliate’s marketing organization provided the following qualifications are met. The successor(s) must:

 

  • Execute an Affiliate Agreement;
  • Comply with terms and provisions of the Agreement;
  • Meet all of the qualifications for the deceased Affiliate’s status;
  • The devisee must provide DFD 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. DFD will issue all bonus and commission checks and one 1099 to the business entity.

 

      1. Transfer Upon Death of an Affiliate

 

To  effect  a testamentary transfer of a DFD business, the executor of the estate must provide the following to DFD: (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 DFD specifying to whom the business and income should be transferred.

 

      1. Transfer Upon Incapacitation of an Affiliate

 

To effectuate a transfer of a DFD business because of incapacity, the successor must provide the following to DFD: (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 DFD business; and (3) a completed Affiliate Agreement executed by the trustee.

 

    1. Telemarketing Techniques

 

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 DFD does not consider Affiliates 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, Affiliates must not engage in telemarketing in the operation of their DFD businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a DFD product or service, or to recruit them for the DFD opportunity. “Cold calls" made to prospective customers (Members) or Affiliates that promote either DFD’s products or services or the DFD opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Affiliate (a "prospect") is permissible under the following situations:

 

  • If the Affiliate has an established business relationship with the prospect. An “established business relationship” is a relationship between an Affiliate and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the Affiliate, or a financial transaction between the prospect and the 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 Affiliate, within the three (3) months immediately preceding the date of such a call.
  • If the Affiliate receives written and signed permission from the prospect authorizing the Affiliate to call. The authorization must specify the telephone number(s) which the 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.
  • Affiliates shall not use automatic telephone dialing systems or software relative to the operation of their DFD businesses.
  • Affiliates shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a "robocall") regarding or relating to the DFD products, services or opportunity.

 

    1. Back Office Access

 

DFD makes online back offices available to its Affiliates. Back offices provide Affiliates access to confidential and proprietary information that may be used solely and exclusively to promote the development of an Affiliate’s DFD business and to increase sales of DFD products. However, access to a back office is a privilege, and not a right. DFD reserves the right to deny Affiliates’ access to the back office at its sole discretion.

 

    1. Unauthorized Communication

 

In the excitement and enthusiasm of working his or her DFD business, an Affiliate may attempt to contact the Company’s vendors, suppliers, or advisors with questions or ideas. Any such communication without the Company’s prior written consent is strictly prohibited. Vendors, suppliers, and advisors are often not set up to handle a large volume of contacts. Equally important, we must respect their rights to privacy. Questions regarding any of these Entities may be directed to Field Support.

 

 

 

  1. RESPONSIBILITIES OF AFFILIATES

 

    1. Change of Address, Telephone, and E-Mail Addresses

 

To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the DFD’s files are current. Street addresses are required for shipping since UPS and FedEx cannot deliver to a post office box. Affiliates planning to change their e-mail address or move must send their new address and telephone numbers to DFD’s Corporate Offices to the attention of the Affiliate Services Department. To guarantee proper delivery, two weeks advance notice must be provided to DFD on all changes. In the alternative, an Affiliate’s whose contact information changes may amend their contact information through their Affiliate Back Office.

 

    1. Continuing Development Obligations

 

      1. Ongoing Training

 

Any Affiliate who sponsors another Affiliate into DFD must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her DFD business. Affiliates must have ongoing contact and communication with the Affiliates 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 Affiliates to DFD meetings, training sessions, and other functions. Upline Affiliates are also responsible to motivate and train new Affiliates in DFD product knowledge, effective sales techniques, the DFD Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline Affiliates must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of Affiliate-produced sales aids and promotional materials).

 

Affiliates should monitor the Affiliates in their Downline Organizations to guard against downline Affiliates making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.

 

      1. Increased Training Responsibilities

 

As Affiliates progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the DFD program. They will be called upon to share this knowledge with lesser experienced Affiliates within their organization.

 

      1. Ongoing Sales Responsibilities

 

Regardless of their level of achievement, Affiliates have an ongoing obligation to continue to personally promote sales through the generation of new Members and through servicing their existing Members.

 

    1. Non-disparagement

 

DFD wants to provide its independent Affiliates 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 Member Care Department. Remember, to best serve you, we must hear from you! While DFD welcomes constructive input, negative comments and remarks made in the field by Affiliates about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other DFD Affiliates. For this reason, and to set the proper example for their downline, Affiliates must not disparage, demean, or make negative remarks about DFD, other DFD Affiliates, DFD’s products, the Marketing and Compensation plan, or DFD’s directors, officers, or employees.

 

    1. Providing Documentation to Applicants

 

Affiliates must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Affiliates before the applicant signs an Affiliate Agreement, or ensure that they have online access to these materials.

 

  1. SALES REQUIREMENTS

 

    1. Annual Subscription Sales

 

The DFD Compensation Plan is based on the sale of DFD services to end consumers. Affiliates must sell at least one annual subscription to qualify for bonuses and level commissions. The Affiliate shall forfeit all level commissions generated until at least one annual subscription has been sold referencing the Affiliates Sponsor ID.

 

    1. No Territory Restrictions

 

There are no exclusive territories granted to anyone.

 

    1. Sales Receipts

 

A sales receipt is provided via email upon successful purchase of one or more annual subscriptions.

 

 

  1. BONUSES AND COMMISSIONS

 

    1. Bonus and Commission

 

An Affiliate must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an Affiliate complies with the terms of the Agreement, DFD shall pay commissions to such Affiliate in accordance with the Marketing and Compensation plan as follows:

 

  • A $25 Fast Start Bonus for everyone you sell a full-priced annual subscription

 

AND, by just making ONE subscription sale, you will also earn:

  • $1 for every subscription sold that falls on your levels 1 thru 2.
  • $3 for every subscription sold that falls on your levels 3 thru 6.
  • $5 for every subscription sold that falls on your levels 7 thru 9.
  • And, $7 for every subscription sold that falls on your levels 10 thru 12.

 

      1. Qualification

 

You must sell at least one annual subscription to qualify for any commissions and bonuses. All level commissions for subscriptions sold under Affiliate’s level are forfeited until an Affiliate has qualified.

 

      1. Business Center

 

This is the Affiliates’ Account in the Affiliates Network/Genealogy that is used to track bonuses and commissions.

 

      1. Network / Genealogy

 

This is a series of relationships of Business Centers that determine the flow of bonuses and commissions. A maximum of four Business Centers can be placed directly to any given Affiliate below you on your Matrix Team. Thereafter, each one of them can have four other Business Centers attached. Your Matrix Network can go to an unlimited number of Independent Affiliates in depth. Your position in the Matrix is referred throughout the plan as a Business Center.

 

      1. Pay Period

 

Commissions and bonuses are calculated and paid weekly with a one-week delay. Commissions are paid 10 days after the end of each pay period which is Monday morning through Sunday night Central Time. A minimum of $25 in the Affiliates e-wallet is required for commissions and bonuses to be paid out. If the amount is less than $25 in the Affiliates e-wallet, The amount shall rollover to the next pay period.

 

      1. Payouts

 

A minimum of $25 in the Affiliates e-wallet is required for commissions and bonuses to be paid. If the amount is less than $25 in the Affiliates e-wallet, The amount shall rollover to the next pay period.

 

    1. Reports

 

All information provided by DFD in downline activity reports, including but not limited to personal 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; credit card and electronic charge-backs; the information is not guaranteed by DFD or any persons creating or transmitting the information.

 

ALL PERSONAL 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, DFD AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY AFFILIATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL 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 DFD 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, DFD 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  DFD’s online and telephone reporting services 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 DFD’s online services and your reliance upon the information.

 

 

 

  1. SUBSCRIPTION GUARANTEE AND REFUNDS

 

    1. Annual Subscriptions

 

By Purchasing an Annual Subscription, you agree to a non-refundable, initial pre-payment for one full year of service. After one year and annually thereafter, DFD does not automatically renew your subscription. You must manually renew your annual subscription if you want to continue earning bonuses and commissions. You may cancel your subscription at any time. However, you will not receive a credit or a refund for the unused period.

 

    1. Refunds

 

DFD has a No Refund Policy on Annual Subscriptions

 

 

    1. Informing Members

 

It is the responsibility of the Affiliate to properly disclose the DFD refund policy to all potentials customers of the annual subscription service.

 

 

  1. DISPUTE  RESOLUTION AND DISCIPLINARY PROCEEDINGS

 

    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 DFD business), may result, at DFD’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;
  • DFD may withhold from an Affiliate all or part of the Affiliate’s bonuses and commissions during the period that DFD is investigating any conduct allegedly violative of the Agreement. If an Affiliate’s business is canceled 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;
  • Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of an Affiliate (which may subsequently be re-earned by the Affiliate);
  • Transfer or removal of some or all of an Affiliate’s downline Affiliates from the offending Affiliate’s downline organization.
  • Involuntary termination of the offender’s Affiliate Agreement;
  • Suspension and/or termination of the offending Affiliate’s DFD website or website access;
  • Any other measure expressly allowed within any provision of the Agreement or which DFD deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate’s policy violation or contractual breach;
  • In situations deemed appropriate by DFD, the Company may institute legal proceedings for monetary and/or equitable relief.

 

    1. Grievances and Complaints

 

When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective DFD businesses, the complaining 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 eMatrics. eMatrics will review the facts and attempt to resolve it.

 

    1. 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 attorneys’ fees, costs, and individual expenses Affiliated with conducting and attending the mediation. Mediation shall be held in Harris County, Texas, and shall last no more than two business days.

 

    1. 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 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 Dispute (“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 Affiliates upon request to DFD’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 Harris County, Texas. 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.

 

    1. Governing Law, Jurisdiction, and Venue

 

Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Harris County, State of Texas. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Texas shall govern all other matters relating to or arising from the Agreement.

 

  1. PAYMENTS

 

    1. Returned Checks

 

All checks returned by an 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 Affiliate. After receiving a returned check from a Member or an Affiliate, all future orders must be paid by Credit Card, money order or cashier’s check.

 

Any outstanding balance owed to DFD by an Affiliate for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.

 

    1. Restrictions on Third Party Use of Credit Cards and Bank Account Access

 

An Affiliate shall not permit other Affiliates or Members to use his or her credit card, or permit debits to his or her checking or savings account, to enroll in or to make purchases from the Company. An Affiliate shall not use the credit card or debit card of a third party, or make debits to the checking or savings account of a third party, to enroll in or to make purchases from the Company.

 

    1. Purchasing for other Individuals

 

If you have purchased an annual subscription as a gift for someone with the intention of that person using the associated Affiliate ID and Business Office, that individual must submit an email to policy@dailyfooddeals.com acknowledging acceptance of the Affiliate Agreement. No bonuses and/or commissions will be paid out until acceptance has been made.

 

    1. Sales Tax

 

DFD is required to charge sales taxes on all purchases made by Affiliates and remit the taxes charged to the respective states.

 

 

  1. INACTIVITY, RECLASSIFICATION,    AND TERMINATION

 

    1. Effect of Termination

 

So long as an Affiliate remains active and complies with the terms of the Affiliate Agreement and these Policies and Procedures, DFD 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 building a downline organization). Following an Affiliate’s non-renewal of his or her Affiliate Agreement, termination for inactivity, or voluntary or involuntary termination of his or her Affiliate Agreement (all of these methods are collectively referred to as “termination”), the former 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. An Affiliate whose business is cancelled will lose all rights as an Affiliate. This includes the right to sell DFD products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Affiliate’s former downline sales organization. In the event of termination, Affiliates 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 an Affiliate’s termination of his or her Affiliate Agreement, the former Affiliate shall not hold himself or herself out as a DFD Affiliate and shall not have the right to sell DFD products or services. An Affiliate whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination).

 

    1. Involuntary Termination

 

An Affiliate’s violation of any of the terms of the Agreement, including any amendments that may be made by DFD in its sole discretion, may result in the involuntary termination of his or her Affiliate Agreement. Termination shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Affiliate’s last known address, email address, or fax number, or to his/her attorney, or when the Affiliate receives actual notice of termination, whichever occurs first.

 

DFD reserves the right to terminate all 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.

 

    1. Voluntary Termination

 

A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the Affiliate’s signature, printed name, address, and Affiliate I.D. Number. In addition to written termination, Affiliates who have consented to Electronic Contracting will cancel their Affiliate Agreement should they withdraw their consent to contract electronically.

 

    1. Non-renewal

 

An Affiliate may also voluntarily cancel his or her Affiliate Agreement by failing to renew the Agreement on its anniversary date or by failing to pay his/her annual renewal fee. The Company may also elect not to renew an Affiliate's Agreement upon its anniversary date.

 

  1. CONTACT US

 

For more information about our Compensation Plan or to receive further information regarding our program, please contact us at:

 

EMATRICS LLC

1337 W 43rd St

Suite 507

Houston, TX 77018

United States

Phone: (800)375-7610

 

policy@dailyfooddeals.com