POLICIES & PROCEDURES
October 4th, 2012
- and Incorporation
- Changes to the Agreement
GlobalOne reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By using www.globalonecompanies.com, www.ultimatepowerprofits.com or any other websites (collectively, the “ ”), owned and operated by LLC, (referred to herein as “GlobalOne,” “we,” “us” and “our”), you agree to be bound by this Agreement and further agree to abide by all amendments or modifications that GlobalOne elects to make. Amendments shall be effective once publication of notice that the Agreement has been modified in the legend titled Last Updated above. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official Website; (2) electronic mail (e-mail); (3) inclusion in Company periodicals or (4) special mailings. The continuation of use of GlobalOne business or a MR’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
- 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.
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 GlobalOne to exercise any right or power under the Agreement or to insist upon strict compliance by a MR 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 GlobalOne’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of a MR against GlobalOne shall not constitute a defense to GlobalOne’s enforcement of any term or provision of the Agreement.
BECOMING A MEMBERSHIP REPRESENTATIVE (MR)
Requirements to Become a Membership Representative (MR)
To become a GlobalOne MR, each user must:
- Be of the age of majority in his or her state or country of residence;
- Reside in the United States or U.S. Territories or country that GlobalOne has officially announced is open for business;
- in the ;
- Fully complete the iPayFire/eWallet sign up procedure;
- All other necessary agreements including a MR application form (if applicable), and a W-9 (if applicable);
Once accepted by GlobalOne the benefits of the Marketing andand the MR Agreement are available to the new MR. These benefits include the right to:
- Sell GlobalOne products and services;
- Participate in the and (receive bonuses and commissions, if eligible);
- Sponsor other individuals as Customers or MRs into the GlobalOne business and thereby, build a marketing organization and progress through the and ;
- Receive periodic GlobalOne literature and other ;
- Participate in GlobalOne sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable and
- Participate in promotional and incentive contests and programs sponsored by GlobalOne for its MRs.
- Term and Renewal of Your
If you fail to monthly renew your GlobalOne membership, or if it is canceled or terminated for any reason, your account will be become inactive and you shall not be eligible to sell GlobalOne products and services nor shall you be eligible to receive remuneration resulting from the activities of your downline sales organization for fifteen (15) days. If during the fifteen (15) day inactive period you correct and pay your monthly renewal charge you will be reactivated and shall receive remuneration resulting from the activities of your downline sales organization. If you do not pay your monthly charge during the fifteen (15) day inactive period, your account will be placed on hold for ninety (90) days you shall not be eligible to sell GlobalOne products and services nor shall you be eligible to receive remuneration resulting from the activities of your downline sales organization. If your account is placed on hold and you reactivate during the ninety (90) day period, including paying all past monthly charges then due, you will only be entitled to receive remuneration resulting from the activities of your downline sales organization from the date you reactivate your account during the ninety (90) day period. To be clear, if your account is placed on hold, you will not be entitled to receive remuneration resulting from the past activities of your downline sales organization. If you fail to pay your monthly membership charge for a period of one-hundred and eighty days (180) your account will be canceled. In the event of cancellation, termination or nonrenewal, you agree to waive all rights, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. GlobalOne reserves the right to terminate all Membership Representative Agreements upon 30 days notice if the Company elects to cease business operations or dissolve as a business entity.
OPERATING A GLOBALONE BUSINESS
- Adherence to the GlobalOne Marketing and Compensation Plan
MRs must adhere to the terms of the GlobalOne Marketing and Compensation Plan as set forth in official GlobalOne literature. MRs shall not offer the GlobalOne opportunity through, or in combination with, any other system, program or method of marketing other than that specifically set forth in official GlobalOne literature. MRs shall not require or encourage other current or prospective Customers or MRs to execute any agreement other than official GlobalOne agreements in order to become a GlobalOne MR. Similarly, MRs shall not require or encourage other current or prospective Customers or MRs to make any purchase from, or payment to, any individual or other entity to participate in the GlobalOne Marketing and Compensation Plan other than those identified in official GlobalOne literature.
All MRs shall safeguard and promote the good reputation of GlobalOne and its products. The marketing and promotion of GlobalOne, the GlobalOne opportunity, the Marketing and Compensation Plan and GlobalOne products must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
To promote both the products and services, and the business GlobalOne offers, MRs must use only official Company materials. MRs may not produce their own literature, advertisements, sales tools and promotional materials, or Internet Web pages.
- MR Websites
If an MR desires to utilize an Internet Web page to promote his or her business, he or she may do so through the Company’s official website templates.
- Trademarks and Copyrights
GlobalOne will not allow the use of its trade names, trademarks, designs or symbols by any person, including GlobalOne MRs, without its prior, written permission. MRs may not produce for sale or distribution any recorded Company events and speeches without written permission from GlobalOne, nor may MRs reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations. MRs may not use or attempt to register any of GlobalOne’s trade names, trademarks, service names, service marks, product names, the Company’s name or any derivative thereof, for any Internet domain name or social network including Facebook, Google+, YouTube or Twitter.
- Media and Media Inquiries
MRs may not respond to media inquiries regarding GlobalOne, its products or services or their independent GlobalOne business. All inquiries by any type must be immediately referred to GlobalOne’s Marketing Department.
- Unsolicited Email
MRs shall not use mass email (spam) as a means of promoting their businesses. MRs may send email to prospective customers and MRs only if they have a personal or business relationship with such individual or if they have received permission from the recipient to send them an email relating to the GlobalOne products or program.
- Unsolicited Faxes
Except as provided in this section, MRs may not transmit unsolicited faxes or use an automatic telephone dialing system to promote their GlobalOne businesses. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator and (b) to dial such numbers. The term “unsolicited faxes” means the transmission via telephone facsimile of any material or information advertising or promoting GlobalOne, 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 or e-mail: (a) to any person with that person’s prior express invitation or permission or (b) to any person with whom the MR 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 a MR and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such MR or (b) a personal or familial relationship that has not been previously terminated by either party.
- Telephone Book Listings
MRs may list themselves as a “Membership Representative” in the white or yellow pages of the telephone directory under their own name as follows:
Independent GlobalOne Distributor
No MR may place telephone directory display ads using GlobalOne’s name or logo. MRs may not answer the telephone by saying “GlobalOne”, “GlobalOne Incorporated” or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of GlobalOne.
- 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 GlobalOne MR by submitting a MR Application (if applicable) and Agreement along with a properly completed Business Entity Registration Agreement and a properly completed IRS form W-9. The Business Entity, as well as all of the shareholders, members, partners, trustees or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively “”) are individually, jointly and severally liable for any indebtedness to GlobalOne, compliance with the and Procedures, the GlobalOne MR Agreement and other obligations to GlobalOne.
If anywants to terminate his or her relationship with the Business Entity or GlobalOne, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify GlobalOne in writing that he or she has terminated his or her affiliation with the Business Entity, and must comply with the provisions of Section 3.17. In addition, the Affiliated Party foregoing their interest in the Business Entity may not participate in any other GlobalOne business for six (6) consecutive months in accordance with Section 3.4. If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of Section 3.17.
The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 3.4, below. There is a $50.00 fee for each change requested, which must be included with the written request and the completed MR Application and Agreement.
- Change of Sponsor
A MR may legitimately change organizations by voluntarily canceling his or her GlobalOne business and remaining inactive (i.e., no purchases of products for resale, no sales of products, no sponsoring, no attendance at any GlobalOne functions, or operation of any other GlobalOne business) for six (6) full calendar months. Following the six calendar-month period of inactivity, the former MR may reapply under a new sponsor, however, the former MR’s downline will remain in their original line of sponsorship.
In cases wherein the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by a MR, GlobalOne reserves the sole and exclusive right to determine the final disposition of the downline organization. Due to the difficulty in resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors, MR’S WAIVE ANY AND ALL CLAIMS AGAINST GLOBALONE, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES AND AGENTS THAT RELATE TO OR ARISE FROM GLOBALONE’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
No claims (that include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by GlobalOne may be made except those contained in official GlobalOne literature. No MR may make any claim that GlobalOne products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases.
3.4.2 – Income
Because GlobalOne MRs do not have the data necessary to make income claims, a MR, when presenting or discussing the GlobalOne opportunity or Marketing and Compensation Plan, may not make income claims or disclose his or her GlobalOne income (including the showing of checks, copies of checks, bank statements or tax records).
- Commercial Outlets
MRs may not sell GlobalOne products from a commercial outlet, nor may MRs display or sell GlobalOne products or literature in any retail or service establishment.
- Conflicts of Interest
GlobalOne MRs are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”). However, during the term of this Agreement, MRs may not directly or indirectly recruit other GlobalOne MRs or Customers for any other network marketing business.
Following the cancellation of a MR and for a period of six (6) calendar months thereafter, with the exception of a MR who is personally sponsored by the former MR, a former MR may not recruit any GlobalOne MR or Customer for another network marketing business. MRs recognize that 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, any effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, MRs agree that this non-solicitation provision shall apply to all markets in which GlobalOne conducts business.
The term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement or effort to influence in any other way, either directly, indirectly or through a third party, another GlobalOne MR or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
- Sale of Competing Goods or Services
MRs must not sell, or attempt to sell, any competing non-GlobalOne programs, products or services to GlobalOne Customers or MRs. Any program, product or service in the same generic categories as GlobalOne products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
- MR Participation in Other Direct Selling Programs
If a MR is engaged in other non-GlobalOne direct selling programs, it is the responsibility of the MR to ensure that his or her GlobalOne business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
- MRs shall not display GlobalOne materials products or services with or in the same location as any non-GlobalOne materials, products or services.
- MRs shall not offer the GlobalOne opportunity, products or services in conjunction with any non-GlobalOne program, opportunity, product or service.
- Downline Activity (Genealogy) Reports
Downline Activity Reports are available for MR access and viewing in the back office of their Website. MR access to their back office is password protected. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to GlobalOne. Downline Activity Reports are provided to MRs in strictest confidence and are made available to MRs for the sole purpose of assisting MRs in working with their respective Downline Organizations in the development of their GlobalOne business. MRs should use their Downline Activity Reports to assist, motivate and train their downline MRs. The MR and GlobalOne agree that, except for this agreement of confidentiality and nondisclosure, GlobalOne would not provide Downline Activity Reports to the MR. A MR 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 information contained in any Downline Activity Report to any third party;
- Directly or indirectly disclose the password to his or her back office;
- Use the Reports for any purpose other than promoting their GlobalOne business;
- Recruit or solicit any MR or Customer of GlobalOne listed on any report, or in any manner attempt to influence or induce any MR or Customer of GlobalOne to alter their business relationship with GlobalOne; or
- Use or disclose to any person or entity any information contained in any Report.
- Errors or Questions
If a MR has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports or charges, the MR must notify GlobalOne in writing within 60 days of the date of the purported error or incident in question. GlobalOne will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
- Governmental Approval or Endorsement
Neither federal nor state regulatory agencies approve any direct selling or network marketing programs. Therefore, MRs shall not represent that GlobalOne or its Marketing and Compensation Plan have been “approved” or sanctioned by any government agency.
- Holding Applications or Orders
MRs may not manipulate enrollments of MRs or product purchases. All MR Applications and Agreements and product orders must be sent to GlobalOne within 72 hours from the time they are signed by a MR or placed by a customer, respectively.
MRs are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between GlobalOne and its MRs does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the MR. A MR shall not be treated as an employee for his or her services or for Federal or State tax purposes. All MRs are responsible for paying country or U.S. local, state and federal taxes due from all compensation earned as a MR of the Company. The MR has no authority (expressed or implied), to bind the Company to any obligation. Each MR shall establish his or her own goals, hours and methods of sale, so long as he or she complies with the terms of the MR Agreement, these Policies and Procedures and applicable laws.
MRs are authorized to sell GlobalOne products and enroll Customers or MRs in the countries in which GlobalOne is authorized to conduct business, as announced in official Company literature. MRs may sell, give, transfer or distribute GlobalOne products or sales aids only in their home country. No MR may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or MRs; or (c) conduct any other activity for the purpose of selling GlobalOne products, establishing a marketing organization or promoting the GlobalOne opportunity.
MRs 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 MR to buy more products than they can reasonably use or sell to retail customers in a month.
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 purchases by end user consumers.
MRs shall comply with all federal, state and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. MRs must obey those laws that do apply to them. If a city or county official tells a MR that an ordinance applies to him or her, the MR shall cooperate fully and immediately send a copy of the ordinance to the Compliance Department of GlobalOne.
- One Per MR
A MR may operate or have interest in only multiple GlobalOne businesses. Individual may have, operate or receive compensation from more than one GlobalOne business.
If any member of a MR’s immediate household engages in any activity that, if performed by the MR, would violate any provision of the Agreement, such activity will be deemed a violation by the MR and GlobalOne may take disciplinary action pursuant to the Statement of Policies against the MR.
When a vacancy occurs in a Marketing Organization due to the termination of a GlobalOne business, each MR in the first level immediately below the terminated MR on the date of the cancellation will be moved to the first level (“front line”) of the terminated MR’s sponsor.
A GlobalOne business is freely transferable subject to certain limitations. If a MR wishes to sell his or her GlobalOne business, or interest in a Business Entity that owns or operates a GlobalOne business, the following criteria must be met:
- The selling Distributor must offer GlobalOne the right of first refusal to purchase the business. GlobalOne shall have fifteen (15) 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 GlobalOne MR;
- Any debt obligations the selling party has with GlobalOne must be satisfied.
- The selling party must be in good standing and not in violation of any of the terms of the Agreement.
- The selling party must be granted written permission by GlobalOne.
The selling party must notify GlobalOne’s Compliance Department in writing of his or her intent to sell, and GlobalOne issue an approval before proceeding with the sale.
GlobalOne MRs sometimes operate their GlobalOne businesses as husband-wife partnerships, regular partnerships, LLCs, corporations, trusts or other Business Entities. At such time as a marriage may end in divorce or a corporation, LLC, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
- One of the parties may operate the GlobalOne business pursuant to an assignment in writing whereby the relinquishing party authorizes GlobalOne to deal directly and solely with the other non-relinquishing party.
- The parties may continue to operate the GlobalOne business jointly on a “business-as-usual” basis, whereupon all compensation paid by GlobalOne will be paid according to the status quo.
Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided or will GlobalOne split commission and bonus payments.
Upon the death or incapacitation of a MR, 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. The successor(s) must execute a MR Agreement and meet all of the qualifications for the deceased MR’s status.
Federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. These government regulations broadly define the term “telemarketer” and “telemarketing” so that a MR’s inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause him or her to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation). MRs must comply with all federal and state telemarketing laws.
MRs must ensure that GlobalOne’s files are current. MRs must amend their contact information through their MR Back Office as necessary. MRs and customers will be charged shipping fees for orders that are shipped to an incorrect or outdated address provided to GlobalOne.
Any MR who sponsors another MR into GlobalOne must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her GlobalOne business. MRs must have ongoing contact and communication with the MRs in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: written correspondence, personal meetings, telephone contact, electronic mail and participation in GlobalOne meetings. Upline MRs are also responsible to motivate and train new MRs in GlobalOne product knowledge, effective sales techniques, and the GlobalOne Marketing and Compensation Plan.
MRs have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
GlobalOne wants to provide its independent MRs 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 MR Services Department. However, MRs must not disparage, demean or make negative remarks about GlobalOne, other GlobalOne MRs, GlobalOne’s products, the Marketing and Compensation plan or GlobalOne’s directors, officers or employees.
- Membership Sales
The GlobalOne Marketing and Compensation Plan is based on the sale of GlobalOne products and services to end consumers. MRs must fulfill personal and Downline Organization retail sales requirements to be eligible for bonuses, commissions and advancement to higher levels of achievement.
There are no exclusive territories granted to anyone. No franchise fees are required.
MRs must provide their retail customers with two (2) copies of an official GlobalOne sales receipt at the time of the sale (for physical items only). These receipts set forth the Customer Satisfaction Guarantee as well as any consumer protection rights afforded by federal or state law. MRs must maintain all retail sales receipts for a period of two (2) years and furnish them to GlobalOne at the Company’s request.
- Bonus and Commission Qualifications
A MR must be active and in compliance with the Agreement to qualify for bonuses and commissions. Commissions and bonuses are paid to MRs via a GlobalOne iPayFire eWallet account. In order to receive commissions and bonuses, MRs must complete the iPayFire/eWallet signup procedure. The minimum amount for which GlobalOne will issue payment to a MR is $10.00. If a MR’s bonuses and commissions do not equal or exceed $10.00, the Company will accrue the commissions and bonuses until they total $10.00. Payment will be issued once $10.00 has been accrued, subject to any transfer or usage fees as stated in official company materials.
- Adjustments to Bonuses and Commissions
MRs receive bonuses and commissions based on the actual sales of products and services to end consumers. When a product is returned to GlobalOne for a refund or is repurchased by the Company, the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the upline MRs who received bonuses and commissions on the sales of the refunded products.
Due to various factors including but not limited to the inherent possibility of human, digital and mechanical error; the accuracy, completeness and timeliness of orders; denial of credit card and electronic check payments; returned products; or credit card and electronic check charge-backs; the information is not guaranteed by GlobalOne or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GLOBALONE AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY MR OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCMRENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES OR COMMISSIONS, LOSS OF OPPORTUNITY AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION), EVEN IF GLOBALONE 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, GLOBALONE 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.
- Card Membership Guarantee
GlobalOne offers all customers a 100 percent money back guarantee. If, for any reason, a customer is dissatisfied with any GlobalOne product or service, the customer may return product for a replacement or full refund within ninety (90) days of purchase. Shipping costs are not refundable.
Upon cancellation of a MR’s Agreement, the MR may return any products and sales aids held in his or her inventory for a refund (if applicable). MRs may only return products and sales aids that he or she personally purchased from GlobalOne and which are in resalable condition and which have been purchased within one year prior to the date of cancellation. Upon receipt of a resalable products and sales aids, the MR will be reimbursed 90 percent of the net cost of the original purchase price(s). Shipping charges are not refundable.
A Montana resident may cancel his or her MR Agreement within fifteen (15) days from the date of enrollment, and may return his or her products for a full refund within such time period.
- Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, or any common law duty, any illegal, fraudulent, deceptive or unethical business conduct, may result, at GlobalOne’s discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition;
- Requiring the MR to take immediate corrective measures;
- Imposition of a fine, which may be withheld from bonus and commission payments;
- Loss of rights to one or more bonus and commission payment;
- Withholding all or part of the MR’s bonuses and commissions during the period that GlobalOne is investigating any conduct allegedly violating the Agreement;
- Suspension of the individual’s MR Agreement for one or more pay periods;
- Involuntary termination of the offender’s MR Agreement;
- Any other measure expressly allowed within any provision of the Agreement;
- In situations deemed appropriate by GlobalOne, the Company may institute legal proceedings for monetary and/or equitable relief.
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorneys fees, costs and individual expenses associated with conducting and attending the mediation. Mediation shall be held in San Diego, California, and shall last no more than two (2) business days.
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. MRs waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in San Diego, California. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure, and the Federal Rules of Evidence shall apply. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent GlobalOne 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 GlobalOne’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in San Diego County, State of California or in the United States District Court for San Diego, California. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of California shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in Section 8.3, residents of the State of Louisiana shall be entitled to bring an action against GlobalOne in their home forum and pursuant to Louisiana law.
All checks or ACH electronic payments returned by a MR’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 MR. After receiving a returned check from a customer or a MR, all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to GlobalOne by a MR for NSF checks and returned check fees will be withheld from subsequent bonus and commission payments.
GlobalOne is required to charge sales taxes on all purchases made by MRs and Customers, and remit the taxes charged to the respective states. Accordingly, GlobalOne will collect and remit sales taxes on behalf of MRs, based on the suggested retail price of the products according to applicable tax rates in the state or province to which the shipment is destined. In the case of online or internet sales, GlobalOne will address the tax implications separately on a per state basis. If a MR has submitted, and GlobalOne has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the MR. Exemption from the payment of sales tax is applicable only to orders that are shipped to a state for which the proper tax exemption papers have been filed and accepted. Any sales tax exemption accepted by GlobalOne is not retroactive.
A MR’s bonuses and commissions constitute the entire consideration for the MR’s efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a MR’s non-renewal of his or her MR Agreement, cancellation for inactivity or voluntary or involuntary cancellation of his or her MR Agreement (all of these methods are collectively referred to as “cancellation”), the former MR 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. In the event of cancellation, MRs 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 their former downline organization.
A MR’s violation of any of the terms of the Agreement, including any amendments that may be made by GlobalOne in its sole discretion, may result in any of the sanctions listed in Section 8.1, including the involuntary cancellation of his or her MR Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed or delivered by an express courier, to the MR’s last known address, email address or fax number, or to his or her attorney or when the MR receives actual notice of cancellation, whichever occurs first.
GlobalOne reserves the right to terminate all MR Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity or (3) terminate distribution of its products via direct selling.
A participant in GlobalOne has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the MR’s signature, printed name, address and identification number (if applicable).
A MR may also voluntarily cancel his or her MR Agreement by failing to renew the Agreement on its monthly charge schedule. The Company may also elect not to renew a MR’s Agreement upon its monthly charge schedule. For additional details please refer to Section 2.3 above entitled Term and Renewal of Your GlobalOne Business.