Your Easy Finance
844
San Marcos BLVD Suite 115
San Marcos, Ca 92078
United States
Phone: 888-412-0003
Email:
ceo@youreasyfinance.com
Policies and Procedures
SECTION ONE: DISTRIBUTOR
STATUS
1.01 BECOMING A DISTRIBUTOR
An applicant becomes a
Distributor or Account Executive of Your Easy Finance when the applicant's
completed Application and Agreement has been received and accepted by the
Company, by Internet or by mail, at its Home Office. Company reserves the right
to decline any Agreement for any reason, at its sole discretion.
Distributor or Account
Executive uses his/her best effort to promote and sell products and services of
Company to consumers pursuant to the Agreement contained within these Policies
and Procedures and Terms and Conditions. In doing so, Distributor will maintain
the high standards of honesty, and integrity and business ethics when dealing
with Consumers, Company or other Company Distributors.
1.02 A FEE, CHARGE OR
PURCHASE REQUIRED
An initial fee,
charge or purchase is required to become a Distributor or Account Executive.
1.03 DISTRIBUTOR or Account
Executive OBLIGATIONS & RIGHTS
Distributors and Account
Executives are authorized to sell Company products and services and to
participate in the Company Compensation Plan. Distributors and Account
Executives may sponsor new Distributors.
1.04 LEGAL AGE
Distributors or Account
Executive must be of legal age in the state of their residence.
1.05 DIVORCE
When a couple sharing
Distributor entity divorces or separates, Company will continue to pay
commission checks in the same manner as before the divorce or separation until
it receives written notice signed by both parties or a court decree which
specifies how future commission checks should be paid, provided and if
applicable, the couple has complied with the requirements of Section 5.03.
1.06 CORPORATIONS,
PARTNERSHIPS & TRUSTS
Corporations, partnerships,
limited liability companies or other forms of business organizations or trusts
may become Distributors of Company when the Agreement is accompanied by a
federal ID number.
Shareholders, directors,
officers, partners, members, beneficiaries and trustees, as applicable of
Distributor entity must agree to hold such title, and Company will hold each
personally liable and bound by the Agreement and these Policies and Procedures
and Terms and Conditions.
1.07 FICTITIOUS OR ASSUMED
NAMES
A person or entity may not
apply as Distributor using a fictitious or assumed name.
1.08 INDEPENDENT CONTRACTOR
STATUS
Distributors and Account
Executives are Independent Contractors responsible for determining their own
activities without direction or control by Company. They are not franchisees,
joint venture, partners, employees or agents of Company and are prohibited from
stating or implying, whether orally or in writing, otherwise. Distributors and
Account Executives have no authority to bind Company to any obligation. Company
is not responsible for payment or co-payment of any employee benefits.
Distributors and Account Executives are responsible for liability, health
disability and worker's compensation insurance. Distributors and Account
Executives set their own hours and determine how to conduct business, subject to
Company Agreement, the Policies and Procedures and Terms and Conditions.
1.09 TAXATION
As Independent Contractors,
Distributors and Account Executives will not be treated as franchisees, owners,
employees or agents of Company for federal or state tax purposes including, with
respect to the Internal Revenue Code, Social Security Act, federal unemployment
act, state unemployment acts or any other federal, state, or local statute,
ordinance, rule or regulation. At the end of each calendar year, Company will
issue to each Distributor and Account Executive an IRS Form 1099, as required by
law, or other applicable documentation for non-employee compensation as a
Distributor.
1.10 DISTRIBUTOR
IDENTIFICATION NUMBER
Distributors are required by
federal law to obtain a Social Security number or Federal ID number.
Distributors will be identified by this number, or a company assigned number,
for purposes of Company's business. The Distributor Identification Number must
be placed on all orders and correspondence with the Company.
1.11 LEGAL COMPLIANCE
Distributors and Account
Executives must comply with all federal, state and local statutes, regulations
and ordinances concerning the operation of their business. Distributors and
Account Executives are responsible for their own managerial decisions and
expenditures including all estimated income and self-employment taxes.
1.12 NO EXCLUSIVE
TERRITORIES
No franchise is granted and
there are no exclusive territories for sales or sponsoring purposes. No
geographical limitations exist on sponsoring or selling within the United
States; provided, however, that Company reserves the right not to sell product
or services or contract with Distributors and Account Executives in specified
states within the United States.
SECTION TWO: TERM & RENEWAL
2.01 TERM
Subject to the terms of
Section 4.01, the Agreement shall have a term which shall begin on the date of
acceptance by Company and end one year from the date thereof (the “Anniversary
Date”).
2.02 RENEWAL
Distributors and Account
Executives must renew annually, on the Anniversary Date and Distributor or
Account Executive has the right to decline to accept any renewal at its sole
discretion. Company may require that Distributors or Account Executive execute a
new Agreement upon renewal. Distributors or Account Executive not renewing by
the renewal date shall be deemed to have voluntarily terminated their
Distributor relationship with Company, and thereby lose their Distributor
entity, all sponsorship rights, their position in the Compensation Plan and all
rights to commissions and bonuses. Distributors and Account Executives who fail
to renew their Distributor status may not reapply under a new sponsor for three
(3) months after non-renewal.
SECTION THREE: SPONSORSHIP
3.01 SPONSORING
Distributors and Account
Executives may sponsor other Distributors into Company's business. Distributors
or Account Executive must ensure that each potential new Distributor has
reviewed and has had access to the current Policies and Procedures, Terms and
Conditions and Compensation Plan prior to or when giving the individual an
Agreement.
3.02 MULTIPLE AGREEMENTS
If an applicant submits
multiple Distributors which list different sponsors, only the first completed
Agreement received by Company will be accepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an
ongoing professional leadership association with Distributors in his or her
organization and must fulfill the obligation of performing a bona fide
supervisory or sales function in the sale or delivery of products and services.
3.04 INCOME CLAIMS
Distributors and Account
Executives must truthfully and fairly describe the Compensation Plan. No past,
potential or actual income claims may be made to prospective Distributors, nor
may Distributors use their own incomes as indications of the success assured to
others. Commission checks may not be used as marketing materials. Distributors
may not guarantee commissions or estimate expenses to prospects.
3.05 TRANSFER OF SPONSORSHIP
The company does not permit
the transfer of sponsors. Network Marketing is a business of creating
relationships. Once a Distributor is sponsored, the company believes
in maximum protection of that relationship. The only exception is upon prior
written approval of Company to correct ethical violations as determined at the
sole discretion of Company.
3.06 CROSS SPONSORING
Distributor and Account
Executives may not sponsor, or attempt to sponsor, any non personally sponsored
distributors in any other Network Marketing Company. In addition, no Distributor
or Account Executives may participate in any action that causes another
Distributor to be sponsored through someone else into another network marketing
company.
SECTION FOUR:
RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Distributor or Account
Executive may voluntarily terminate his or her Distributor status by failing to
renew or by sending thirty (30) days written notice of such resignation or
termination to Company. Voluntary resignation is effective upon receipt of such
notice by Company.
b) Distributor or Account
Executive who resigns or terminates their Distributor status may reapply as
Distributor, three (3) months after resignation.
4.02 SUSPENSION
Distributor or Account
Executive may be suspended for violating the terms of his or her Agreement,
which includes these Policies and Procedures, the Terms and Conditions and the
Compensation Plan and other documents produced by Company. When a decision is
made to suspend Distributor, Company will inform the Distributor or Account
Executive in writing that the suspension has occurred effective as of the date
of the written notification, the reason for the suspension and the steps
necessary to remove such suspension (if any). The suspension notice will be
sent to the Distributors “address on file” pursuant to the notice provisions
contained in the Policies and Procedures and Terms and Conditions. Such
suspension may or may not lead to termination of the Distributor as so
determined by Company at its sole discretion. If the Distributor wishes to
appeal, Company must receive such appeal in writing within fifteen (15) days
from the date of the suspension notice. Company will review and consider the
suspension and notify the Distributor in writing of its decision within thirty
(30) days from the date of the suspension notice. The decision of Company will
be final and subject to no further review. Company may take certain action
during the suspension period, including, but not limited to, the following:
a) Prohibiting the
Distributor from holding himself or herself as Distributor or using any of
Company's proprietary marks and/or materials;
b) Withholding commissions
and bonuses that are due the Distributor or Account Executive during the
suspension period;
c) Prohibiting the
Distributor or Account Executive from purchasing services and products from
Company; and/or;
d) Prohibiting the
Distributor or Account Executive from sponsoring new Distributors, contacting
current Distributors or attending meetings of Distributors.
If Company, at its sole
discretion, determines that the violation which caused the suspension is
continuing, and has not satisfactorily been resolved or a new violation
involving the suspended Distributor or Account Executive has occurred, the
suspended Distributor may be terminated.
4.03 TERMINATION
Distributor or Account
Executive may be immediately terminated for violating the terms of his or her
Agreement, which includes these Policies and Procedures, Terms and Conditions
and the Compensation Plan and other documents produced by Company upon written
notice. Company may terminate a violating Distributor or Account Executive
without placing the Distributor on suspension, at Company's sole discretion.
When the decision is made to terminate Distributor or Account Executive, Company
will inform the Distributor in writing at the address in the Distributor's file
that the termination has occurred.
4.04 APPEAL
If Distributor wishes to
appeal the termination, Company must receive the appeal in writing within
fifteen (15) days from the date of notice of termination. If no appeal is
received within the fifteen (15) day period, the termination will automatically
be deemed final. If Distributor files a timely notice of appeal, Company will
review the appeal and notify the Distributor of its decision within ten (10)
days after receipt of the appeal. The decision of Company will be final and
subject to no further review. In the event the termination is not rescinded, the
termination will remain effective as of the date stated in the original
termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon
termination, the terminated Distributor or Account Executive:
a) Must remove and
permanently discontinue the use of the trademarks, service marks, trade names
and any signs, labels, stationary or advertising referring to or relating to any
product, plan or program of Company.
b) Must cease representing
themselves as Distributor or Account Executive of Company;
c) Loses all rights to his
or her Distributor position in the Compensation Plan and to all future
commissions and earnings resulting therefrom;
d) Must take all action
reasonably required by Company relating to protection of Company's confidential
information. Company has the right to offset any amounts owed by Distributor or
Account Executive to Company including, without limitation, any indemnity
obligation incurred pursuant to Section 11.01 herein, from commissions or other
compensation due to the Distributor or Account Executive.
4.06 REAPPLICATION
The acceptance of any
reapplication of a terminated Distributor or Account Executive or the
application of any family member of a terminated Distributor or Account
Executive shall be at the sole discretion of Company and can be denied.
4.07 STATE LAWS
Where state laws on
termination are inconsistent with this policy, the applicable state law shall
apply.
SECTION FIVE:
TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Distributor or Account
Executive desiring to acquire an interest in another Distributor's business must
first terminate his or her Distributor or Account Executive status and wait
three (3) months before becoming eligible for such a purchase. All such
transactions must be fully disclosed and must be approved by Company in advance.
5.02 TRANSFERS OF
DISTRIBUTORS
Except as expressly set
forth herein, Distributor or Account Executive may not sell, assign or otherwise
transfer his or her Distributor entity (or rights thereof) to another
Distributor or Account Executive or to an individual which has an interest in
Distributor entity. Notwithstanding the foregoing, Distributor or Account
Executive may transfer his or her Distributor entity to his or her sponsor,
subject to the conditions of Section 5.03. In such an event, the sponsor's
entity and the transferring Distributors entity shall be merged into one entity.
5.03 CONDITIONS TO
TRANSFERABILITY
Distributors or Account
Executives may not sell, assign, merge or transfer his or her Distributor entity
(or rights thereto) without the prior written approval of Company and
compliance with the following conditions:
a) Company possesses the
right of first refusal with respect to any sale, assignment, transfer or merger
of any Distributor entity. Distributor or Account Executive wishing to sell,
assign, transfer or merge his or her Distributor entity must first provide
Company with the right and option to make such a purchase or receive such
transfer in writing on the same terms and conditions as any outstanding or
intended offer. Company will advise the Distributor or Account Executive within
ten (10) business days after receipt of such notice of its decision to accept
or reject the offer. If Company fails to respond within the ten (10) day period
or declines such offer, the Distributor or Account Executive may make the same
offer or accept any outstanding offer which is on the same terms and conditions
as the offer to Company to any person or entity who is not Distributor, married
to, or a dependent of Distributor or Account Executive or who has any interest
in Distributor or Account Executive;
b) The selling
Distributor or Account Executive must provide Company with a copy of all
documents which detail the transfer, including, without limitation, the name of
the purchaser, the purchase price and terms of purchase and payment;
c) An office administration
transfer fee of $100.00 must accompany the transfer documents;
d) The documents must
contain a covenant made by the selling Distributor or Account Executive for the
benefit of the proposed purchaser not to compete with the purchaser or attempt
to divert or sponsor any existing Distributor for a period of one (1) year from
the date of the sale or transfer;
e) Upon a sale, transfer or
assignment being approved in writing by Company, the buying Distributor or
Account Executive must assume the position and terms of agreement of the selling
Distributor or Account Executive and must execute a current Agreement and all
such other documents as required by Company; and
f) Company reserves the
right, at its sole discretion, to stipulate additional terms and conditions
prior to approval of any proposed sale or transfer. Company reserves the right
to disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF
POLICIES
If it is determined, at
Company's sole discretion, that Distributor or Account Executive entity was
transferred in an effort to circumvent compliance with the Agreement, the
Policies and Procedures, Terms and Conditions or the Compensation Plan, the
transfer will be declared null and void. The Distributor or Account Executive
entity will revert back to the transferring Distributor or Account Executive,
who will be treated as if the transfer had never occurred from the reversion day
forward. If necessary and at Company's sole discretion, appropriate action,
including, without limitation, termination, may be taken against the
transferring Distributor or Account Executive to ensure compliance with the
Policies and Procedures and Terms and Conditions.
5.05 SUCCESSION
Notwithstanding any other
provision of this Section, upon the death of Distributor or Account Executive,
the Distributorship will pass to his or her successors in interest as provided
by law. However, Company will not recognize such a transfer until the successor
in interest has executed a current Agreement and submitted certified copies of
the death certificate, will, trust or other instrument required by Company. The
successor will thereafter be entitled to all the rights and be subject to all
the obligations of a Company Distributor or Account Executive.
5.06 RE-ENTRY
Any Distributor or Account
Executive who transfers his or her Distributorship must wait for three (3)
months after the effective date of such transfer before becoming eligible to
reapply to become a Distributor or Account Executive.
SECTION SIX: PROPRIETARY
INFORMATION
6.01 CONFIDENTIALITY
AGREEMENT
During the term of the
Agreement, Company may supply to Distributors or Account Executive confidential
information, including, but not limited to genealogical and Downline reports,
customer lists, customer information developed by Company or developed for and
on behalf of Company by Distributors (including, but not limited to, credit
data, customer and Distributor or Account Executive profiles and product
purchase information), Distributor lists, manufacturer and supplier
information, business reports, commission or sales reports and such other
financial and business information which Company may designate as confidential.
All such information (whether in written or electronic format) is proprietary
and confidential to Company and is transmitted to Distributors or Account
Executive in strictest confidence on a “need to know” basis for use solely in
Distributors business with Company. Distributors or Account Executive must use
their best efforts to keep such information confidential and must not disclose
any such information to any third party, or use this information for any
non-company activity directly or indirectly while a distributor and thereafter.
Distributors or Account
Executives must not use the information to compete with Company or for any
purpose other than promoting Company's program and its products and services.
Upon expiration, non-renewal or termination of the Agreement, Distributors or
Account Executives must discontinue the use of such confidential information and
promptly return any confidential information in their possession to Company.
6.02 COPYRIGHT RESTRICTIONS
With respect to product
purchases from Company, Distributors or Account Executives must abide by all
manufacturers' use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
Company's business
relationships with its vendors, manufacturers and suppliers are confidential.
Distributors or Account Executives must not contact, directly or indirectly, or
speak to, or communicate with any supplier or manufacturer of Company except at
Company sponsored events at which the supplier or manufacturer is present at the
request of Company.
SECTION SEVEN: TRADEMARKS,
LITERATURE & ADVERTISING
7.01
TRADEMARKS
Companies name trademarks,
service marks and copyrighted materials are owned by the Company. The use of
such marks and materials must be in strict compliance with these Policies and
Procedures.
7.02 ADVERTISING &
PROMOTIONAL MATERIALS
Only the promotional and
advertising materials produced by Company or approved in advance in writing by
Company may be used to advertise or promote a Distributor's or Account
Executives business or to sell products and services of Company. Company's
literature and materials may not be duplicated or reprinted without the prior
written permission.
7.03 USE OF COMPANY NAME
Distributors or Account
Executives may use the name of Company only in the following format:
“Independent Distributor or Independent Account Executive for Your Easy
Finance”.
7.04 STATIONERY AND BUSINESS
CARDS
Distributors or Account
Executives are not permitted to “create” their own stationery, business cards or
letterhead graphics, if Company's trade name or trademarks are used. Only the
approved Company's graphics version and wording are permitted; letterhead,
envelopes and business cards must be ordered using the online/stationery order
form.
7.05 ELECTRONIC ADVERTISING
Distributors or Account
Executives may not advertise or promote their Distributor business or Company's
business, products or marketing plan or use Company's name in any electronic
media or transmission, including on the Internet via web sites or otherwise,
without the prior written approval of Company's legal department.
7.06 TELEPHONE LISTING
Distributors or Account
Executives are not permitted to use Company's trade name in advertising their
telephone and telecopy numbers in the white or yellow page sections of the
telephone book. Distributors or Account Executives are not permitted to list
their telephone numbers under Company's trade name without first obtaining
Company's prior written approval. If approval is granted for an “800” listing,
it must be stated in the following manner: “Independent Distributor for
Company”.
7.07 TELEPHONE ANSWERING
Distributors or Account
Executive may not answer the telephone by saying “Your Easy Finance,” or in any
other manner that would lead the caller to believe that he or she has reached
the offices of the Company.
7.08 IMPRINTED CHECKS
Distributors or Account
Executives are not permitted to use Company trade name or any of its trademarks
or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
Distributors or Account
Executives are prohibited from granting radio, television, newspaper tabloid or
magazine interviews or using public appearances, public speaking engagements, or
making any type of statement to the public media to publicize the Company, its
products or Company businesses, without the express prior written approval of
Company. All media inquires should be in writing and referred to Company's
corporate office, legal department.
7.10 ENDORSEMENTS
No endorsements by a Company
officer or administrator or third party may be asserted, except as expressly
communicated in Company literature and communications. Federal and state
regulatory agencies do not approve or endorse direct selling programs.
Therefore, Distributors or Account Executive may not represent or imply,
directly or indirectly, that Company's programs, products or services have been
approved or endorsed by any governmental agency.
7.11 RECORDINGS
Distributors or Account
Executives may not produce or reproduce for sale or personal use products sold
by Company or any Company-produced literature, audio or video material,
presentations, events or speeches, including conference calls. Video and/or
audio taping of Company meetings and conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
Distributors or Account
Executives may not repackage products or materials of Company.
7.13 INDEPENDENT
COMMUNICATIONS
Distributors or Account
Executives, as Independent Contractors, are encouraged to distribute information
and direction to their respective Downlines. However Distributors must identify
and distinguish between personal communications and the official communications
of Company.
SECTION EIGHT: PAYMENT OF
COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other
compensation cannot be paid until a completed Agreement has been received and
accepted by Company. Commissions are paid ONLY on the sale of Company services
and products. No commissions are paid on the purchase of Sales materials or for
Sponsoring Distributors or Account Executive. In order to receive commissions on
products and services sold, Company must have received and accepted an Agreement
prior to the end of the commission period in which the sale is made.
8.02 COMMISSION PERIOD
A business period refers to
the time period opening on the first (1st) day of the commission period and
extending up until order entry closes on the last business day of the period
(5:00 p.m.). Company offices are open Monday through Friday 9 a.m.-5 p.m., with
the exception of certain holidays as posted by Company.
8.03 COMMISSION PAYMENTS
Commissions are paid to
“qualified” Distributors as defined within the Compensation Plan. Distributors
or Account Executives must consult the Compensation Plan for a detailed
explanation of the benefits, commission structure and requirements of the
Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses
earned and paid on products returned is the obligation of and must be repaid to
Company by Distributors earning such commissions. Company has the right to
offset such amounts against future commissions and other compensation paid or
owed to such Distributors who received commissions.
SECTION NINE: PURCHASE &
SALE OF PRODUCTS
9.01 STOCKPILING PROHIBITED
The success of Company
depends on retail sales to the ultimate consumer; therefore all forms of
stockpiling are prohibited. Company recognizes that Distributors or Account
Executives may wish to purchase certain products for their own use. However,
Company strictly prohibits the purchase of products in unreasonable amounts and
prohibits the purchase of products only or primarily to qualify for
compensation.
9.02 RETAIL SALES RULES
Distributors or Account
Executives must save a copy of the Retail Sales Slip given to retail customers;
receipt shall be fully completed and include the name, address and phone number
of each retail customer and, upon request by Company, provide copies of such
receipts to Company. If Company determines that retail sales were not actually
made, the Distributor or Account Executives must repay Company all commissions
earned during the calendar period in which the retail sales were to have been
made.
9.03 OVER 70% RULE
In order to receive
commissions and overrides, Distributors or Account Executives must certify on
each product order form that they have sold over seventy percent (70%) in dollar
value of all products and commissionable services previously purchased by the
Distributor or Account Executive at wholesale from the company, to
Non-Distributor consumers. Distributors or Account Executive shall maintain
retail sales records available to the company for inspected on request.
9.04 ORDERING METHODS
All orders submitted to
Company shall have the Distributor or Account Executive Identification Number
placed thereon to assist Company in crediting the appropriate Distributor.
9.05 PAYMENT OPTIONS
Purchases may be paid by
cashier's check, ACH, debit card, money order, or major credit card. The
Distributor or Account Executive and retail customers are responsible for paying
the costs of any returned checks plus an administrative fee charged by Company,
which fee may change at any time based on past payment history of the customer.
If an underpayment is made, the order will not be processed until the full
amount is received by Company. If an overpayment is made, Company will process
the order and issue a credit to Distributor's account, which will automatically
refund on the next commission check paid to Distributor or Account Executive.
Orders will not be processed if cancellation of a credit card is made. Orders
for products are not effective until accepted by Company. To expedite shipping,
Distributors or Account Executive may authorize Company to keep a valid credit
card on file as security for payment. Overdue amounts will accrue interest at
the annual rate of 18% or at a higher if permitted by law.
9.06 SHIPPING AND HANDLING
POLICY
Subject to availability all
products will be shipped by UPS or other similar service within approximately
three (3) business days of receipt of payment. Payment for products shall be
made at time of order. At Distributor's or Account Executives option, the
product may be shipped to a customer's designated “Ship-To address”, or to the
Distributor or Account Executive.
9.07 PRODUCT DELIVERY
Upon clearance of payment,
the products and materials ordered will be shipped.
9.08 BACK ORDER POLICY
Company will expeditiously
ship all products currently in stock. Any out-of-stock items (unless
discontinued) will be placed on back order and distributed upon Company
receiving additional inventory. Distributor or Account Executive will be charged
and granted commissions on back ordered items once they are shipped unless
notified of the discontinuance of such product. Back orders may be cancelled
upon Distributor's request and will create a credit on the Distributor's
account.
9.09 DAMAGED GOODS
The shipping company is
responsible for any damage that occurs after it takes physical custody of the
products. A Distributor or Account Executive who receives damaged goods should
follow this procedure:
a) Accept delivery;
b) Before the driver leaves,
document on the delivery receipt the number of boxes which seem to be damaged
and have the driver acknowledge the damage in writing;
c) Save the damaged products
or boxes for inspection by the shipping agent;
d) Make an appointment with
the shipping company to have the damaged goods inspected, and call the Company
Customer Service Department.
9.10 SHIPPING LOSS
In the event Distributor or
Account Executive or a consumer does not receive a product order from Company
in a timely fashion, the individual should contact the Sales Department at Your
Easy Finance.
9.11 REFUSED SHIPMENTS
Should Distributor or
Account Executive refuse delivery on any order he or she has placed with Company
and such product is subsequently returned to Company; Company shall have the
right to place that Distributor on suspension pending resolution of the refusal
of delivery. Neither Distributor or Account Executive nor a consumer shall
refuse any shipment from Company unless prior approval of Company has been
obtained.
9.12 PRICING POLICY
Company will furnish
Distributors or Account Executive with a discount from its published retail
prices in its then current consumer catalog or order form in accordance with its
policies. This discount does not apply to literature, business aids, gifts or
special promotional items. Prices for Company's products, services and
literature are subject to change without prior notice.
9.13 RECEIPTS
Distributors or Account
Executive must provide all retail purchasers of Company's products with written
receipts.
9.14 RETAIL PRICING
Company provides a suggested
retail price as a guideline.
9.15 PROMOTIONAL ITEMS
All promotional items which
bear Company name or logo must be purchased solely from Company unless prior
written permission is obtained from Company.
9.16 SALES TAX
Company collects sales tax
on taxable items only for Distributors or Account Executives that are residents
of the state of CA. Outside, Distributors are responsible to collect and remit
sales tax on personal retail sales to the appropriate tax agencies.
9.17 PLACE OF SALE
The integrity of Company's
marketing plan is built upon person-to-person, one-on-one and in-home
presentation methods of sale. Company's products may not be sold to or displayed
by any retail outlet, including, but not limited to supermarkets or food stores,
flea markets or swap meets, permanent restaurant displays, bars or night clubs
or any such similar establishment, convenience stores or gas stations.
9.18 PRODUCT & SERVICES
CLAIMS
Distributors or Account
Executives may make no claim, representation or warranty concerning any product
or service of Company, except those expressly approved in writing by Company or
contained in official Company materials.
9.19 FAX BLASTS, SPAMMING
Fax blasting and unsolicited
e-mailing (SPAMMING) is prohibited.
SECTION TEN: RETAIL
GUARANTEE & REFUND POLICY
10.01 RETAIL CUSTOMER
GUARANTEE
Distributor or Account
Executives offers a thirty (30) day, 100% money-back, and satisfaction guarantee
to all retail customers. If a retail customer is dissatisfied with any product
for any reason, then the retail customer may return that product in its
original package and shipping container to the Distributor or Account
Executive who sold the product within thirty (30) days of purchase, for either
replacement or a full refund of the purchase price. All other warranties and
guarantees are disclaimed.
10.02 WARRANTIES
Except as expressly stated
herein, Company makes no warranty or representation as to the merchantability,
fitness for a particular purpose, workmanship or any other warranty concerning
any product or service purchased from or through Company.
10.03 RETURN POLICIES
To return products you must
obtain a return merchandise authorization (RMA) and return the products within 7
days after you receive the RMA. Company will refund the original purchase price
of products, and related sales taxes. SHIPPING & HANDLING FEES ARE NOT
REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL Company RECEIVES THEM. YOU
WILL BE CHARGED A RESTOCKING FEE OF 10% TO RETURN PRODUCTS. Returned products
must be in the same condition as you received them. THIS RETURN POLICY IS NOT A
WARRANTY.
NOTE: Company will not
accept for return any products you purchased from a Reseller. In order to
properly process a refund or exchange, Distributors must follow the steps and
conditions set forth below:
All returns to Company must
be accompanied by:
a) A signed statement from
the retail customer identifying the reason for the return;
b) A copy of the original
retail sales receipt; and
c) The name, address and
telephone number of the retail customer
d) Company will prepay the
cost of shipping the replacement product(s).
Distributor or Account
Executive request for refund may, at company's option, be treated as a
termination of the Distributorship.
10.04 BUYER'S RIGHT TO
CANCEL
Federal law grants a buyer
the right to cancel certain sales without penalty prior to midnight of the third
business day after the transaction. This rule covers retail consumer sales of
$25.00 or more that occur away from the seller's main office. Distributors must
orally inform the buyer of the three-day right to cancel at the time the buyer
purchases the goods and deliver 2 three-day cancellation notices to every
customer.
SECTION ELEVEN: GENERAL
PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every Distributor
or Account Executive agrees to indemnify and hold harmless Company, its
shareholders, officers, directors, employees, agents and successors in interest
from and against any claim, demand, liability, loss, cost or expense including,
but not limited to, court costs and attorneys' fees, asserted against or
suffered or incurred by any of them, directly or indirectly arising out of or in
any way related to or connected with allegedly or otherwise, the Distributors
(a) activities as Distributor; (b) breach of the terms of the Agreement; and/or
(c) violation of or failure to comply with any applicable federal, state or
local law or regulation.
11.02 PROCESSING CHARGES
Company reserves the right
to institute a processing charge for commission checks and/or genealogy
requests.
11.03 OTHER SERVICES &
PRODUCTS
Distributors or Account
Executive may not promote or sell another company's products or services at
functions organized to feature Company's products. Distributors or Account
Executive are not restricted from selling other company's services and products
which are not similar to or competitive with the products and services of
Company. However promotion of competitive services, products and/or business
programs with anyone, including Distributors, is strictly prohibited.
11.04 LIABILITY
To the extent permitted by
law, Company shall not be liable for, and each Distributor or Account
Executive releases Company from, and waives all claims for any loss of profits,
indirect, direct, special or consequential damages or any other loss incurred
or suffered by Distributor or Account Executive as a result of (a) the breach by
Distributor or Account Executive of the Agreement and/or the Terms and
Conditions and/or the Policies and Procedures; (b) the operation of
Distributor's or Account Executive's business; (c) any incorrect or wrong data
or information provided by Distributoror Account Executive; or (d) the failure
to provide any information or data necessary for Company to operate its
business, including, without limitation, the enrollment and acceptance of
Distributor or Account Executive into the Compensation Plan or the payment of
commissions and bonuses.
11.05 RECORDKEEPING
Company encourages all
Distributors or Account Executives to keep complete and accurate records of all
their business dealings.
11.06 FORCE MAJEURE
Company shall not be
responsible for delays or failure in performance caused by circumstances beyond
a party's control, such as but not limited to: fire, flood, earthquake, storm,
power outages, labor difficulties, strikes, war, government decrees or orders
and/or curtailment of a party's usual source of supply.
11.07 VIOLATIONS
It is the obligation of
every Distributor or Account Executive to abide by and maintain the integrity
of the Policies and Procedures and Terms and Conditions. If Distributor or
Account Executive be observes another Distributor or
Account Executive committing a violation, he or she should discuss the violation
directly with the violating Distributor or Account Executive. If the
Distributor or Account Executive wishes to report such violation to Company, he
or she must detail violations in writing only and mark the correspondence
“Attention: Legal Department”.
11.08 AMENDMENTS
Company reserves the right
to amend the Agreement, Policies and Procedures, Terms and Conditions, its
retail prices, product and service availability and the Compensation Plan type
at any time without prior notice as it deems appropriate. Amendments will be
communicated to Distributors or Account Executives through official Company
website and or official Company publications. Amendments are effective and
binding upon submission to the Company website. In the event any conflict exists
between the original documents or policies and any such amendment, the amendment
will control.
11.09 NON-WAIVER PROVISION
No failure of Company to
exercise any power under these Policies and Procedures or to insist upon strict
compliance by Distributor with any obligation or provision herein, and no
custom or practice of the parties at variance with these Policies and
Procedures, shall constitute a waiver of Company's right to demand exact
compliance with these Policies and Procedures. Company's waiver of any
particular default by Distributor or Account Executive shall not affect or
impair Company's rights with respect to any subsequent default, nor shall it
affect in any way the rights or obligations of any other Distributoror Account
Executive. No delay or omissions by Company to exercise any right arising from
a default effect or impair Company's rights as to that or any subsequent or
future default. Waiver by Company can be affected only in writing by an
authorized officer of Company.
11.10 GOVERNING LAW
The Agreement and these
Policies and Procedures shall be governed by the laws of the State of CA.
11.11 DISPUTES
In the
event a dispute arises between the Company and a Distributor or Account
Executive regarding their respective rights, duties under this agreement, or in
the event of a claim of breach of the Distributor or Account Executives
Agreement, it is agreed that such dispute shall be exclusively resolved pursuant
to binding arbitration under the Commercial Rules of the American Arbitration
Association with arbitration to occur at Vista, CA United States . The
Arbitrator may award, in addition to declaratory relief, contractual damages and
shall award reasonable attorney’s fees and costs to the prevailing party.
An award of attorney’s fees and costs shall continue through any review, appeal
or enforcement of an arbitration decision. The arbitration decision may be
enforced in any court of competent jurisdiction. This provision shall not
be construed so as to prohibit either party from obtaining preliminary or
permanent injunctive relief in any court of competent jurisdiction. The
parties each expressly waive their right to collect consequential, punitive and
exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Policies and Procedures
are incorporated into the Agreement and, along with the Terms and Conditions and
Compensation Plan, constitute the entire agreement of the parties regarding
their business relationship.
11.13 SEVERABILITY
If under any applicable and
binding law or rule of any applicable jurisdiction, any provision of the
Agreement, including these Policies and Procedures and Terms and Conditions, or
any specification, standard or operating procedure which Company has prescribed
is held to be invalid or unenforceable, Company shall have the right to modify
the invalid or unenforceable provision, specification, standard or operating
procedure or any portion thereof to the extent required to be valid and
enforceable, and the Distributor or Account Executive shall be bound by any such
modification. The modification will be effective only in the jurisdiction in
which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY
LAW, COMPANY AND ITS DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND DISTRIBUTOR or ACCOUNT EXECUTIVE
HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF
ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR
OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY
COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY.
COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF
UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE DISTRIBUTOR AND
ANY COMMISSIONS OWED TO THE DISTRIBUTOR OR ACCOUNT EXECUTIVE.
11.15 NOTICE
Any communication, notice or
demand of any kind whatsoever which either the Distributor or Account
Executive or Company may be required or may desire to give or to serve upon the
other shall be in writing and delivered by electronic communication whether by
telex, telegram, Email or telecopy (if confirmed in writing sent by registered
or certified mail, postage prepaid, return receipt requested). Any such
communication, notice or demand shall be deemed to have been given or served on
the date of confirmed dispatch, if by electronic communication, or on the date
shown on the return receipt or by other evidence if delivery is by mail.
Home Office:
Your Easy Finance
844 W.San Marcos blvd Suite
115
San Marcos, CA 92078
United States
Email:
ceo@youreasyfinance.com
Phone: 888-412-0003
Note:
This document along with all documents within our website must be reviewed and
approved prior to use for your particular purpose. No statement of legality or
compliance with any regulatory agencies is made in providing you with this free
document.
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