These Policies & Procedures are specifically incorporated by reference into the Distributor Agreement and have the same effect and force. The Application & Agreement, including the Terms and Conditions set forth on the front and the back thereof, along with these Policies & Procedures, from the Agreement between Set You Free Enterprises™ (aka $et You Free Enterprise$™) dba FortuneMaker™ (hereinafter "the Company") and the Distributor (an independent contractor) shall be effective only upon acceptance by the Company and its Distributor Services Office. These Policies & Procedures have been adopted in order to define the duties, responsibilities, and rights of Distributors among themselves and with the Company. The purpose is to develop relationships which are conducive to good business practices while maintaining the right of each Distributor regarding the structure of the Compensation Plan and how it causes your actions to directly and indirectly affect the business of other Distributors as well as your own.
Since the term of this agreement is in perpetuity, there is presently no need of renewing the agreement or making payment of any renewal fees. The Company may change this policy at its own discretion.
Each person wanting to become a Distributor must be sponsored into the program by a Distributor in good standing. No one may be sponsored by more than one person.
Should a husband/wife Distributor divorce, they must notify the company in writing, signed and notarized by both parties, indicating how the Distributor position is to be managed thereafter.
Otherwise, the Company shall consider the person who was originally listed as the applicant to be the surviving Distributor.
Corporations, Proprietorships, Partnerships and Trusts ("Business Entities") may become Distributors. However, one individual must be designated as the responsible party for the Company's actions and must sign the Distributor application. Commission and Bonus checks will be made payable to the Business Entity.
When a Business Entity applies to be a Distributor, the Distributor agreement may be submitted in the name of the Business Entity, but must include the name and signature of at least one corporate officer, general partner, or trustee authorized to execute contracts for the Business Entity. In addition, a Corporation/Proprietorship/Partnership/Trust form must be submitted providing the names and social security numbers of all partners or trustees and beneficiaries. These persons may not be individual Distributors, nor shareholders, principals, partners, trustees or beneficiaries of another Business Entity which is a Distributor within the Company. This does not apply to active Distributors who wish to change their status from individual Distributor or Partnership to a Corporate Distributorship under their existing sponsor. The request must be received by the Company by the 15th of the month and approved in order to be effective on the first of the following month.
A person or entity may not apply as a Distributor using a fictitious or assumed name, except as a business entity. Should it be found or learned that such an Application was accepted by the Company, the Distributor Application will be considered null and void.
Although the Company has offered Distributors the opportunity to conduct their Distributor business as corporate, proprietorship, partnership, or trust entities, it is agreed that since the Business Entity is under the control of its owners or principals, the actions of individual owners as they may affect the Company and the Distributor position are also critical to the Company's business. Therefore, it is agreed that actions of shareholders, officers, directors, partners, principals, trustee beneficiaries, agents or employees, which are in contravention to the Company's policies shall be attributable to the corporate or partnership entity,
The Company neither requires a Distributor to sponsor nor recruit anyone to participate as a Distributor in the Company program. Commissions or bonuses earned are not based on sponsoring or recruiting.
ONE SPONSOR RULE: A Distributor may have only one sponsor. Company prohibits transferring from one sponsor to another. In addition, once a person has been placed, the placement may not be changed under any circumstances.
It is strictly prohibited for a Distributor to recruit a Distributor from another FortuneMaker downline into their own downline. Any such attempts shall result in termination as a Distributor.
In the event a prospective Distributor is sponsored by more than one person, an evaluation will be necessary to determine who has the sponsoring right. The date on the application form will be the first criteria for evaluation. The Company's corporate office will use its best judgment to determine who the sponsor will be.
Distributors must refrain from recruiting a prospect for their own purposes when that prospect is in the company of another Distributor or who has been brought (or sent) to a meeting, conference call, or event with the intent of recruiting that prospect as a Distributor, regardless of whether or not there has been previous knowledge or acquaintance of the prospect by another Distributor (people rarely attend meetings or events without an invitation). Distributors have a right to absolute confidence that when they bring or send prospects to an activity, the prospects will be safe from being "cross-recruited" by other Distributors during the duration of that recruiting activity. A Distributor has a right to expect that other Distributors, whether in the same downline organization or not, will fully support their recruiting efforts. It is, however, the responsibility of the recruiting Distributor to educate their prospects about how Network Marketing and Sponsoring works so that the prospect can act responsibly and appropriately in a recruiting situation. Violation of this paragraph may lead to the termination of the offending Distributor.
A Distributor may not communicate any messages by any media that may induce other Distributors inside or outside of their downline to break any of the sponsoring rules outlined above.
A Distributor may sponsor into any other network marketing organization only those Distributors he/she has personally sponsored into the Company and shall not offer the opportunities or products and services of any other network marketing company to of the Company's Distributors, other than those she/he personally sponsored. Exceptions to this are covered in item number 10 above.
All business presentations and training sessions shall be conducted in strict conformity with corporately produced scripts, slides and printed material. These materials may not be altered or deviated from in any way. They have been developed and refined to insure that prospects have accurate information upon which to base their decision and to assist new Distributors in learning proven techniques for achieving success within prescribed guidelines. For this reason, any alteration of scripts, slides, printed materials or videos, or any deviation in the prescribed presentation thereof which compromises the integrity and/or intent of the Company program may result in disciplinary action including termination of the offending Distributor(s).
A Distributor may assign or transfer his/her business to another person, by sale or bequest upon written consent of the Company. Approval will not be unreasonably withheld so long as there is not adverse impact on the marketing program or other Distributors. The person to which the business is being assigned or transferred must accept legal responsibility for all terms and conditions of the Distributor Application and all attachments, in writing. Upon the death or incapacity of the Distributor, his or her rights to bonuses and marketing position, together with Distributor responsibilities, shall pass to his or her successors in interest upon written application and approval by the Company. The successor Distributor must fulfill all responsibilities of the Distributor.
A Distributor's ID number is generated and assigned by the Company when the Distributor becomes a Distributor. This ID number and/or the USERNAME the Distributor used when becoming a Distributor, shall become their Company personal identification number.
Any and all expenses arising from their business operations are the sole responsibility of the Distributor, including, but not limited to legal costs, telephone expenses, advertising, etc. A Distributor is an Independent Contractor and may not represent by implication or otherwise that she/he is an officer, employee, agent or owner of the Company, and as such cannot bind or contract the Company in any manner.
Distributor shall not represent that any exclusive territories or franchises are available under the Company marketing program or that The Distributor has the authority to grant exclusive rights for the Company products to anyone. There are no exclusive territories.
All Company materials are protected by U.S. Copyright Statutes. All rights are reserved, including the right to alter, revise, and reprint these materials in whole or in part. Reproduction in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system is not permitted now or in the future without the prior written consent of the owner of this copyright.
Because of this copyright and the technical information required to market the Company opportunity, no one shall have the right to reproduce for personal use or for sale, any marketing materials, literature, logos, recorded Company events, speeches, flyers, videos, brochures or other aids relevant to the Company without prior written consent of the Company. Producing or using unauthorized materials will be grounds for immediate termination (NO EXCEPTIONS).
The name of the Company and other names as may be adopted by the Company are proprietary trade names and trademarks of the Company. As such, these marks are of great value to the Company and are supplied to Distributor for Distributor's use only in an expressly authorized manner. Distributor agrees not to advertise the Company product in any way other than the advertising or promotional materials made available to Distributor by the Company. Distributor agrees not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or the Company marketing program, or in any other manner, any material which has not been copyrighted and supplied by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published or displayed.
Distributor agrees not to advertise for less than the published Company retail price. This may be cause for immediate termination of the agreement.
Advertising for less than the retail price is not a fair business practice. It allows one Distributor to attract sales from the efforts and advertising of many other Distributors. The damage that results from this both to the other Distributors and the Company is significant. Any Distributor found advertising for less than the retail price will be subject to a fine of not less than $250 per day depending on the damages assessed. Damage assessment is in the Company's discretion.
Let it be known to Distributors that any non-Distributor (someone who has no contract or agreement with the Company to represent the Company and sell the Company's products) will be pursued legally for all damages. Any Distributor found to be intentionally supplying a non-Distributor or Distributor for the purpose of circumventing the Company's retail advertising policies will be subject to a fine of not less than $250 per day depending on the damages assessed.
The Distributor, as an independent contractor, is fully responsible for all of his/her verbal and written statements made regarding the product and marketing program which are not expressly contained in writing in the current Distributor agreement, and advertising or promotional materials supplied directly by the Company. Distributor agrees to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by the Company as a result of Distributor's unauthorized representations.
The Company will not permit the use of its copyrights, designs, logos, trade names, trademarks, etc. without its prior written permission.
All Company materials, whether printed, on film, on videotape, or produced by sound recording, are copyrighted and may not be reproduced in whole or in part by Distributors or any other person except as authorized by the Company. Permission to reproduce any materials will be considered only in extreme circumstances. Therefore, a Distributor should not anticipate that approval will be granted.
A Company Member may not produce, use or distribute any information relative to the contents, characteristics or properties of Company product which has not been provided directly by the Company, This prohibition includes but is not limited to print, audio or video media.
A Company Distributor may not sell or distribute literature, films, videotapes or sound recordings which are deceptively similar in nature to those produced, published and provided by the Company for its Distributors. Nor may a Distributor purchase, sell or distribute non-company materials that imply or suggest that said materials originate from the Company.
Any display ads or institutional or trademark advertising copy, other than covered in the foregoing rules, must be submitted to the Company and approved in writing by the Company prior to publication.
All advertising copy, direct mailing, radio, TV, Internet, newspaper and display copy must be approved in writing before being disseminated, published or displayed with the exception of blind ads where no reference is made to the Company name or product name.
No claims as to the beneficial properties of the products may be made except those officially approved in writing by the Company or as contained in the official Company literature.
The Company reserves the right to approve or disapprove Distributor's change of business names, formation of partnerships, corporations, and trusts for tax, estate planning, and limited liability purposes. If the Company approves such a change by Distributor, the organization' s name and the names of the principals of the organization must appear on the Distributor application agreement along with a social security number if the Distributor is a US citizen or federal identification number if the Business Entity is US chartered.
No Distributor may use the Company's name or any derivation thereof within a business name or in any electronic media network such as E-mail or on the Internet. Failure to comply with this paragraph may lead to termination of the Distributor.
In all cases, any reference the Distributor makes to him/herself must clearly set forth the Distributor's independent status. For example, if the Distributor has a business telephone, the telephone may not be listed under the Company's name or in any other manner, which does not disclose the independent contractor status of the Distributor.
Any printed materials, including business cards and stationery, must be approved by the Company in advance. Criteria for approving these materials will include a judgment regarding the quality of the materials as well as properly setting forth the independent status of the Distributor,
The use of the Company's name or copyrighted materials may not be made with automatic calling devices or "boiler room" operations either to solicit Distributors or retail customers. The use of these methods in ways that are legal and are the equivalent of the "blind ads" alluded to above cannot be regulated by the Company.
It is the strict policy of the Company, that NO Distributor shall use Unsolicited Commercial Email (UCE), also known as SPAM to promote or build the Distributor’s business. If it is determined that a Distributor is using UCE, he or she may be terminated immediately. The Distributor may review the Company's SPAM policy at spam_policy.php
To maintain accuracy and the correct Company image, all requests for interviews intended for the media in any form and in any way concerning the Company shall be forwarded to the Company for determination as to whether or not such interview should be granted. Any such determination by the Company shall be final and any action by the Distributor contrary to such decision shall result in the termination of this agreement, without prior written approval by the company, Distributors may not solicit coverage or publicity from the media regarding their Company business. Nor may they appear on radio or television to promote their activities. Any violations of this paragraph may lead to termination,
On a periodic basis, the Company will supply data processing information and reports to the Distributor which will provide information to the Distributor concerning the Distributor's downline sales organization, product purchases and product mix. Distributor agrees that such information is proprietary and confidential to the Company and is transmitted to the Distributor in confidence. The Distributor agrees that he or she will not disclose such information to any third party directly or indirectly, nor use the information to compete with the Company directly or indirectly. The Distributor and the Company agree that, but for this agreement of confidentiality and nondisclosure, the Company would not provide the above confidential information to the Distributor.
Any violation of these confidentiality requirements may lead to the loss of buying privileges, possible suspension and termination from participation in the Compensation Plan, termination of Distributor status, and the imposition of any and all other remedies to which the Company may be entitled.
The Company shall be entitled to change product prices at any time and without notice, and to make changes in the statement of policy and procedures.
Any questions or disputes about commission calculations pertaining to the Compensation Plan must be raised in writing and submitted to the Distributor Services Office within two calendar months after the payment date. Date of receipt will be the date of postmark. All disputes must be submitted in writing mailed to Set You Free Enterprises™ 503 Lincoln Dr, Sun Prairie, WI 53590, USA
Sales & Use taxes are levied by many state, county and local governments, based on suggested retail prices of all products and sales aids (including Business Kits) and subject to a sales tax. These taxes are collected by the Company where required and paid to the appropriate agencies.
The Company recognizing that some laws and/or rules may change from time to time and/or differ from state to state, honors the prevailing law or rule in any state. The changing of a policy and/or procedure does not automatically alter any other policy or procedure that remains in force. The Company does not discriminate in its acceptance of Distributors because of race, creed, sex, color, or national origin,
Violations or infractions of any part of the Distributor Agreement, these Policies & Procedures or the Compensation Plan, should be reported immediately to the Company indicating all the pertinent facts (date, time, place, names of all persons involved, etc.) A notification must be signed. Anonymous complaints will not be either investigated or retained in Company files. After receiving a signed complaint, the Company will assign a person or persons to investigate the matter and take appropriate action, including termination of the Distributor, if necessary.
The Company will not permit activity that is unethical. Even though the line between aggressive marketing efforts and unethical behavior can be vague, the Company will intercede when unethical behavior is evident and reserves the right in its sole discretion to determine whether an unethical practice has been committed and the appropriate action to be taken.
The Company reserves the right to terminate any Distributor at any time for cause, when it is determined that the Distributor has violated the provisions of the Distributor agreement including the provisions of these, policies and procedures as they may be amended or the provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by the Company at its discretion. Upon an involuntary termination, the Company shall notify the Distributor by mail at the latest address listed with the Company for the Distributor. In the event of a termination, the terminated Distributor agrees to immediately cease representing him/herself as a Distributor of the Company.
Written notices between the Company and its Distributors are effective as follows: All notices to the Company are effective when received by the Company at its offices. All notices from the Company are considered effective when deposited in the U.S. mail to the Distributor's last known address. Notices to Distributors as a group may also be contained in other Company mailings, such as newsletters, etc.
The Company trusts that with these guidelines, Distributors and the Company will act in the best interest of all and conduct their businesses in a manner that reflects the highest standards of honesty, integrity and responsibility toward customers, other Distributors, the industry and the public, observing the spirit as well as the letter of the law and this agreement.
The parties agree to be bound by the terms of the Distributor agreement. Waiver of a requirement of signatures on the face of the Distributor Agreement is agreed to by both the Company and the Distributor upon application to become a Distributor from one of the Company's web sites. It is agreed that such web site submission of an application shall have the same force as a signature on the face of the agreement by both parties and will signify acceptance of this agreement by Distributor and the Company.
The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the Company who is authorized to bind the Company in contracts or agreements specifies in writing that the Company waives any of these provisions. In addition, any time the Company gives permission for a breach of the rules, that permission does not extend to future breaches. This provision deals with the concept of "waiver," and the parties agree that the Company does not waive any of its rights under any circumstances short of the written confirmation alluded to above.
These rules are reasonably related to the laws of the state of Wisconsin in the United States of America and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall lie with the place of acceptance of the Distributor application, the state of Wisconsin.
Should any portion of these Rules and Regulations, or of the Distributor's application and agreement, or of any other instruments referred to herein or issued by the Company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.