Policies and Procedures
Be Free University - Version 1.0 – November 2020
TABLE OF CONTENTS
SECTION 1.0 - INTRODUCTION
- 1.1 Mutual Commitment Statement
- 1.2 Code of Ethics
- 1.3 BE FREE UNIVERSITY Policies & Procedures and Compensation Plan Incorporated into the IBO/AMBASSADOR Agreement
- 1.4 Purpose of the Policies & Procedures
- 1.5 Changes, Amendments & Modifications
SECTION 2.0 - BASIC PRINCIPLES
- 2.1 Becoming An IBO
- 2.2 New IBO/AMBASSADOR Registration
SECTION 3.0 - BE FREE UNIVERSITY'S IBO/AMBASSADOR RESPONSIBILITIES
- 3.1 Correct Address
- 3.2 Training and Leadership
- 3.3 Sponsorship
- 3.4 Unethical Sponsoring
- 3.5 Cross Sponsoring Prohibited
- 3.6 Solicitation for other Companies or Services
SECTION 4.0 - AGREEMENT & GENERAL UNDERSTANDINGS
- 4.1 Rights Granted
- 4.2 Renewals and Expiration of the BE FREE UNIVERSITY Agreement
- 4.3 Effect of Cancellation
- 4.4 Modification of the IBO/AMBASSADOR Agreement
- 4.5 Unauthorized Transfer & Re-Enrollment
- 4.6 Change of Sponsor or Placement of Active IBOs/Ambassadors
- 4.7 Change of Organizations
- 4.8 Placement Lounge
- 4.9 Voluntary Termination
- 4.10 Involuntary Termination
SECTION 5.0 - BUSINESS ENTITIES
- 5.1 Definition
- 5.2 Independent Business Relationship (Indemnification for Actions)
- 5.3 Insurance
SECTION 6.0 - POLICY VIOLATIONS
- 6.1 Reporting Policy Violations
- 6.2 Adherence to the BE FREE UNIVERSITY Compensation Plan
- 6.3 Adherence to all Laws, Regulations & Ordinances
- 6.4 Compliance with all Applicable Income Tax Laws
- 6.5 One BE FREE UNIVERSITY Business Per IBO
- 6.6 Actions of Household Members or Affiliated Parties
- 6.7 Identification Numbers and Pay-Out
- 6.8 Sell, Assign or Delegate Ownership
- 6.9 Separating a BE FREE UNIVERSITY Business
- 6.10 Succession
SECTION 7.0 - DISCIPLINARY ACTIONS
- 7.1 Imposition of Disciplinary Action (Purpose)
- 7.2 Consequences & Remedy of Breach
- 7.3 Suspension Procedures
SECTION 8.0 - DISPUTE RESOLUTION
- 8.1 Grievances
- 8.2 Mediation
- 8.3 Termination of Mediation
- 8.4 Severability
- 8.5 Waiver
- 8.6 Governing Law
SECTION 9.0 - PAYMENT OF COMMISSIONS & BONUSES
- 9.1 Bonus and Commissions Qualifications
- 9.2 Computation of Commissions and Discrepancies
- 9.3 Adjustments to Bonuses and Commission for Returned Services
SECTION 10.0 - ORDERING PRODUCT
- 10.1 General Product Ordering Policies
- 10.2 Sale to Students
- 10.3 Insufficient Funds
- 10.4 Credit Card Purchases
- 10.5 Sales Tax Obligation
- 10.6 Refund Policy
- 10.7 Return Process
SECTION 11.0 - BE FREE UNIVERSITY OPPORTUNITY
- 11.1 Presentation of Compensation Plan - Income Claims
- 11.2 Trading Policies
SECTION 12.0 - PROPRIETARY INFORMATION & TRADE SECRETS
- 12.1 Business Reports, Lists, and Proprietary Information
- 12.2 Obligation of Confidentiality
- 12.3 Breach and Return of Materials
- 12.4 Return of Materials
- 13.1 Introduction
- 13.2 Expectation of Privacy
- 13.3 Employee Access to Information
- 13.4 Restrictions on the Disclosure of Account Information
SECTION 14.0 - ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
- 14.1 General Product Ordering Policies
- 14.2 Use of Company Names and Protected Materials
- 14.3 Faxes and E-Mail - Limitations
- 14.4 Internet and Third-Party Website Restrictions
- 14.5 Advertising and Promotional Materials
- 14.6 Testimonial Permission
- 14.7 Telemarketing - Limitations
SECTION 15.0 - INTERNATIONAL MARKETING
- 15.1 International Marketing Policy
SECTION 16.0 - GLOSSARY OF TERMS
STATEMENT OF POLICIES & PROCEDURES
1.2 Mutual Commitment Statement
- Be Free University, Inc. (hereinafter referred to as "Be Free University" or "BE FREE UNIVERSITY ") recognizes that in order to develop a longterm and mutually rewarding relationship with its Compensation Plan participants (hereinafter referred to as "Independent Business Owner(s)" or "IBOs/Ambassadors") must acknowledge and respect the true nature of the relationship and support the "Students".
- In the spirit of mutual respect and understanding, BE FREE UNIVERSITY is committed to:
- Provide prompt, professional and courteous personal service and communications to all of its IBOs/Ambassadors and Students;
- Provide the highest level of quality services, at fair and reasonable prices;
- Exchange or refund the purchase price of any product, service or membership as provided in our return policies contained herein;
- Deliver services promptly and accurately;
- Pay earned commissions accurately and on a timely basis;
- Expedite orders if an error or unreasonable delay occurs;
- Roll out new services and programs with IBOs/Ambassadors input and planning;
- Implement changes in the Compensation Plan or Policies and Procedures that affect the IBOs/Ambassadors with input from the IBOs/Ambassadors (note: such changes will be effective thirty (30) days after the date it was published);
- Support, protect and defend the integrity of the BE FREE UNIVERSITY Income Opportunity;
- Offer IBOs/Ambassadors an opportunity to grow with BEFREE UNIVERSITY with such growth guided by the principles Servant Leadership.
- In return, BE FREE UNIVERSITY expects that its IBOs/Ambassadors will:
- Conduct themselves in a professional, honest, and considerate manner;
- Present BE FREE UNIVERSITY Corporate and services information in an accurate and professional manner;
- Present the Compensation Plan, services and refund policies contained herein in a complete and accurate manner;
- Not make exaggerated income or service claims;
- Make reasonable effort(s) to support and train other IBOs/Ambassadors and Students in their sales and marketing organization;
- Not engage in cross-line sponsoring, solicitation of competing services, unhealthy competition or unethical business practices;
- Provide positive guidance and training to BE FREE UNIVERSITY IBOs/Ambassadors and Students in their sales and marketing organizations while exercising caution to avoid interference with other IBO/AMBASSADOR sales and marketing organizations. As such, an IBO/AMBASSADOR is discouraged from providing training to other IBOs/Ambassadors or Students in a different sales and marketing organization;
- Support, protect, and defend the integrity of the BE FREE UNIVERSITY Income Opportunity;
1.3 Code of Ethics
- BE FREE UNIVERSITY desires to provide its independent IBOs/Ambassadors with the best Services, Training and Compensation Plan in the industry. Accordingly, BE FREE UNIVERSITY values constructive criticism and encourages the submission of written comments addressed to the BE FREE UNIVERSITY Compliance Team.
- IBO's negative and disparaging comments about Be Free University, its Services, the Agreement or Compensation Plan, made to BE FREE UNIVERSITY, or to the field or at any BE FREE UNIVERSITY meeting and/or event, or disruptive behavior at any meeting and/or event, serve no purpose other than to dampen the enthusiasm of other IBOs/Ambassadors and Students. BE FREE UNIVERSITY IBOs/Ambassadors must not belittle Be Free University, fellow BE FREE UNIVERSITY IBOs/Ambassadors, BE FREE UNIVERSITY Services, the Compensation Plan, or any and all BE FREE UNIVERSITY directors, officers, or employees, suppliers or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by BE FREE UNIVERSITY.
- BE FREE UNIVERSITY endorses the following code of ethics:
- An IBO/AMBASSADOR must show fairness, tolerance, and respect to all people associated with Be Free University, regardless of race, gender, social class or religion, thereby fostering a "positive atmosphere" of teamwork, good morale and community spirit.
- An IBO/AMBASSADOR shall strive to resolve business issues, including situations with other IBOs/Ambassadors, by emphasizing tact, sensitivity, good will taking care not to create additional problems.
- BE FREE UNIVERSITY IBOs/Ambassadors must be honest, responsible, professional and conduct themselves with integrity.
- BE FREE UNIVERSITY IBOs/Ambassadors shall not make disparaging statements about BE FREE UNIVERSITY, other IBOs/Ambassadors, BE FREE UNIVERSITY employees, suppliers or agents, Services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.
- BE FREE UNIVERSITY may take appropriate action against An IBO/AMBASSADOR if it determines, in its sole discretion, that An IBO's conduct is detrimental, disruptive, or injurious to Be Free University or to other IBOs/Ambassadors.
1.4 BE FREE UNIVERSITY Policies & Procedures and Compensation Plan Incorporated into the IBO/AMBASSADOR Agreement
- Throughout these Policies & Procedures, when the term "Agreement" is used, it collectively refers to the BE FREE UNIVERSITY on-line Application, electronic signature process, the most current version of the Policies and Procedures in effect and any addendums thereto, the Compensation Plan, also referred to as the 'BE FREE UNIVERSITY Platinum Reward Plan' (attached hereto as "ADDENDUM 2" and incorporated herein for all purposes), and any and all social media guidelines or any other guidelines which may be implemented from time to time and any amendments thereto.
- It is the responsibility of the Sponsoring IBO/AMBASSADOR to provide the most current version of these Policies and Procedures (available on the BE FREE UNIVERSITY website), the Income Disclosure Statement, the BE FREE UNIVERSITY Compensation Plan, and any and all social media guidelines or any other guidelines which may be implemented from time to time and any amendments thereto to their downline IBOs/Ambassadors.
1.5 Purpose of Policies & Procedures
- BE FREE UNIVERSITY is a direct to consumer, subscription based, training and education company that markets its Services through a network of independent business owners. To clearly define the relationship that exists between IBOs/Ambassadors and Be Free University, and to explicitly set a standard for acceptable business conduct, BE FREE UNIVERSITY has established these Policies and Procedures.
- BE FREE UNIVERSITY IBOs/Ambassadors and Students are required to comply with; (i) all of the Terms and Conditions set forth in the Agreement which BE FREE UNIVERSITY may amend from time to time in its sole discretion in accordance with the terms hereof; and (ii) all Federal, State, and/or local laws governing his, her and/or its BE FREE UNIVERSITY business.
- BE FREE UNIVERSITY IBOs/Ambassadors must review the information in these Policies and Procedures carefully. Should an IBO/AMBASSADOR have any questions regarding a policy, rule or guidelines, the IBO/AMBASSADOR is encouraged to seek an answer from the company FAQ, found on the website, their personal Sponsor, or the BE FREE UNIVERSITY Customer Service Team by submitting an email to: email@example.com.
1.6 Changes, Amendments, and Modifications
- Because Federal, state, local and international laws, as well as the business environment, periodically change, BE FREE UNIVERSITY reserves the right to amend the BE FREE UNIVERSITY Agreement and the prices in its 'BE FREE UNIVERSITY Services Price List'(attached hereto as "ADDENDUM 1" and incorporated herein for all purposes) in its sole and absolute discretion. Notification of amendments shall appear in all official BE FREE UNIVERSITY materials, BE FREE UNIVERSITY website, social media outlets or the IBO's back office.
- Any such amendment, change, or modification shall be effective thirty (30) days following notice by one of the following methods:
- Posting on the official BE FREE UNIVERSITY website;
- Electronic mail (e-mail); or
- Any BE FREE UNIVERSITY communication channels or social
media outlets (ie. Facebook, Instagram, Twitter and/or BE
FREE UNIVERSITY App).
2.1 BASIC PRINCIPLES
2.2 Becoming An IBO/Ambassador
- To become an IBO, an applicant must comply with the following requirements:
- Be of the age of majority (not a minor) in his or her province or territory of residence. We require a minimum age of 18 or older.
- Reside or have a valid address in the United States or U.S. territory, Canada, Australia or country wherein BE FREE UNIVERSITY is licensed to operate.
- Have a valid tax payer identification number (i.e. Social Security Number, Federal Tax ID Number (TIN), federal Business Number, or proper personal identification number of the respective country;
- Enter a verified mobile phone number or email address, which is not in use or associated with any other BE FREE UNIVERSITY accounts, which will be verified.
2.3 New IBO/AMBASSADOR Registration
- A potential new IBO/AMBASSADOR may self-enroll on any IBO/Sponsor's website. In such event, BE FREE UNIVERSITY will accept the web enrollment and BE FREE UNIVERSITY Application by accepting the "electronic signature" stating the new IBO/AMBASSADOR has accepted all terms and conditions of such the BE FREE UNIVERSITY Agreement. Please note that such electronic signature constitutes a legally binding agreement between the IBO/AMBASSADOR and BE FREE UNIVERSITY .
- Signed documents, including, but not limited to, IBO/AMBASSADOR agreements, are legally binding contracts which must not be
altered, tampered with or changed in any manner after they have been False or misleading information, forged signatures or alterations to
any document, including business registration forms, made after a has been signed may lead to sanctions, up to and including termination of the IBO's position.
- If one applicant enrolls creating an Account listing a certain sponsor and enrolls a second time listing multiple sponsors, only the first completed form to be received by BE FREE UNIVERSITY will be accepted. BE FREE UNIVERSITY reserves the right, at its sole discretion, to make the final decision with respect to all such disputes.
3.1 BE FREE UNIVERSITY 'S IBO/AMBASSADOR RESPONSIBILITIES
3.2 Correct Address
- It is the responsibility of the IBO/AMBASSADOR or Customer to make sure BE FREE UNIVERSITY has the correct contact information for all correspondence.
- An IBO/AMBASSADOR and/or Customer will need to allow up to seventytwo (72) hours for processing after the notice of address change has been received by BE FREE UNIVERSITY Support Team.
3.3 Training and Leadership
- Any BE FREE UNIVERSITY IBO/AMBASSADOR who Sponsors another IBO/AMBASSADOR into BE FREE UNIVERSITY must perform an authentic assistance and training function to ensure his or her sales and marketing organization is properly operating his or her BE FREE UNIVERSITY business. Sponsoring IBOs/Ambassadors should have ongoing contact and communication with the IBOs/Ambassadors in their sales and marketing organizations. (Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, direct contact, team conference calls, voice-mail, e-mail, personal meetings, accompaniment of downline IBOs/Ambassadors to BE FREE UNIVERSITY meetings, training sessions, events, workshops, and any other related functions.)
- A Sponsoring BE FREE UNIVERSITY IBO/AMBASSADOR should monitor the IBOs/Ambassadors in his or her sales and marketing organizations to ensure that IBOs/Ambassadors do not make improper product or business claims or engage in any illegal or inappropriate conduct. Upon request, such IBO/AMBASSADOR should be able to provide documented evidence to BE FREE UNIVERSITY of his or her ongoing fulfillment of the responsibilities of a Sponsor.
- Sponsoring IBOs/Ambassadors are encouraged to educate and train new IBOs/Ambassadors about BE FREE UNIVERSITY 's Services, effective sales techniques, the BE FREE UNIVERSITY Compensation Plan, along with compliance with BE FREE UNIVERSITY Policies and Procedures and any and all social media guidelines or any other guidelines and amendments thereto implemented at that time. Marketing product is a required activity in BE FREE UNIVERSITY and must be emphasized in all recruiting presentations.
- We emphasize and encourage all IBOs/Ambassadors to sell BE FREE UNIVERSITY 's Services and services to Students.
- Use of Sales and marketing collateral. To promote both the Services and the opportunity BE FREE UNIVERSITY offers, IBOs/Ambassadors must use the sales and marketing collateral and support materials produced by BE FREE UNIVERSITY . If BE FREE UNIVERSITY IBOs/Ambassadors develop their own sales and marketing collateral and promotional materials, which includes Internet advertising, notwithstanding IBOs/Ambassadors' good intentions, along with the intentional violation of any number of statutes or regulatory laws affecting the BE FREE UNIVERSITY business. These violations, although they may be relatively few in number, could jeopardize the BE FREE UNIVERSITY opportunity for all IBOs/Ambassadors. Accordingly, IBOs/Ambassadors must submit via email all written sales and marketing collateral, promotional materials, advertisements, websites, training material, flyers, along with any other literature to the Compliance Team for approval prior to use. COMPLIANCE EMAIL: firstname.lastname@example.org. Unless the IBO/AMBASSADOR receives specific written approval to use the material, the request shall be deemed denied. All IBOs/Ambassadors shall safeguard and promote the good reputation of BE FREE UNIVERSITY and its Services. The marketing and promotion of BE FREE UNIVERSITY, the BE FREE UNIVERSITY opportunity, the Compensation Plan, and BE FREE UNIVERSITY Services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
- The Sponsor is the person who introduces an IBO/AMBASSADOR or Customer to BE FREE UNIVERSITY, helps them complete their enrollment, and supports and trains those in their sales and marketing organization. BE FREE UNIVERSITY recognizes the Sponsor as the name(s) shown on the first:
- Physically signed BE FREE UNIVERSITY IBO/AMBASSADOR Agreement on file; or Electronically signed IBO/AMBASSADOR Agreement from a website or an IBO/AMBASSADOR website.
- An IBO/AMBASSADOR Agreement that contains notations such as "by phone" or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by BE FREE UNIVERSITY .
- BE FREE UNIVERSITY recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but BE FREE UNIVERSITY will not allow IBOs/Ambassadors to engage in unethical sponsoring activities.
- All active IBOs/Ambassadors in good standing have the right to Sponsorand enroll others into BE FREE UNIVERSITY . While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one IBO/AMBASSADOR will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first IBO/AMBASSADOR who presented a comprehensive introduction to BE FREE UNIVERSITY Services or income opportunity.
3.5 Unethical Sponsoring
- Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition by attempting to acquire a prospect or new IBO/AMBASSADOR away from a fellow IBO/AMBASSADOR or influencing another IBO/AMBASSADOR to transfer to a different sponsor.
- Allegations of unethical sponsoring must be reported in writing to the BE FREE UNIVERSITY Compliance Team within the first 30 days of the new IBO/AMBASSADOR enrollment in question. If the reports are substantiated, BE FREE UNIVERSITY may transfer the IBO/AMBASSADOR or the IBO's downline to another sponsor or organization without approval from the current up-line Sponsor or Placement IBOs/Ambassadors. BE FREE UNIVERSITY remains the final authority in such cases.
- FREE UNIVERSITY prohibits the act of "Stacking." Stacking is the unauthorized manipulation of the BE FREE UNIVERSITY marketing system and/or the compensation plan in order to trigger commissions or cause a promotion off a direct or indirect IBO/AMBASSADOR in their sales and marketing organization in an unearned manner. One example of stacking occurs when a Sponsor places IBO(s) under an inactive IBO/AMBASSADOR lower in the compensation tree without his or her knowledge in order to trigger unearned qualification for commissioning purposes. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent IBO/AMBASSADOR positions of all individuals and/or entitiesfound to be directly involved.
- Should IBOs/Ambassadors engage in solicitation and/or enticement of members of another direct sales company to sell or distribute BE FREE UNIVERSITY Services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an IBO/AMBASSADOR alleging that they engaged in inappropriate sponsoring/recruiting activity of another company's sales force or Students, BE FREE UNIVERSITY will not pay any of IBO's defense costs or legal fees, nor will BE FREE UNIVERSITY indemnify the IBO/AMBASSADOR for any judgment, award, or settlement.
3.6 Cross Sponsoring/ Recruiting Prohibition
- "Cross sponsoring" is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed IBO/AMBASSADOR Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by BE FREE UNIVERSITY, sanctions up to and including termination of an IBO's position may be imposed. If an IBO/AMBASSADOR Cross Sponsors, they must return to their original position or wait 6 months before rejoining BE FREE UNIVERSITY .
- Cross Recruiting BE FREE UNIVERSITY members into your organization is a punishable offense including suspension, fines and possible termination.
- The use of a Spouse's or relative's name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal Business Numbers, or fictitious ID numbers to evade or circumvent this Policy is not permitted.
- This Policy does not prohibit the transfer of an BE FREE UNIVERSITY business in accordance with BE FREE UNIVERSITY Transfer of Sale or Transfer Policy set forth in these Policies.
3.7 Solicitation for Other Companies or Services
- An IBO/AMBASSADOR and/or Customer may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities, as long as it is a non-competing product. However, during the Term of this Agreement and for six (6) months thereafter, an IBO/AMBASSADOR may not sponsor/recruit any fellow BE FREE UNIVERSITY IBO/AMBASSADOR or Customer for any other direct sales or network marketing business, unless that fellow IBO/AMBASSADOR or Customer was personally sponsored by such IBO.
- The terms "sponsor/recruit" means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another IBO/AMBASSADOR or Customer to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the IBO's actions are in response to an inquiry made by another IBO/AMBASSADOR or Customer.
- During the term of this Agreement any BE FREE UNIVERSITY IBO/AMBASSADOR must not sell, or entice others to sell, any competing Services, including training materials, to BE FREE UNIVERSITY Students or IBOs/Ambassadors. Any product or service in the same category as an BE FREE UNIVERSITY product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality.)
- However, an IBO/AMBASSADOR may sell non-competing Services or services to the BE FREE UNIVERSITY Students and IBOs/Ambassadors that they personally sponsored.
- An IBO/AMBASSADOR may not display or bundle BE FREE UNIVERSITY Services or services, in sales literature, on a website or in sales meetings, with any other Services or services to avoid confusing or misleading a prospective Customer or IBO/AMBASSADOR into believing there is a relationship between the BE FREE UNIVERSITY and non-BE FREE UNIVERSITY Services.
- An IBO/AMBASSADOR may not offer any non-BE FREE UNIVERSITY opportunity, Services at any BE FREE UNIVERSITY related meeting, event, seminar or convention, or immediately following a BE FREE UNIVERSITY event.
- A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between BE FREE UNIVERSITY and its IBOs/Ambassadors and would inflict irreparable harm on BE FREE UNIVERSITY . In such event, BE FREE UNIVERSITY may, at its sole discretion, impose any sanction it deems necessary and appropriate against such IBO/AMBASSADOR or such IBO's positions including termination, or seek immediate injunctive relief without the necessity of posting a bond.
4.1 AGREEMENTS & GENERAL UNDERSTANDINGS
4.2 Rights Granted
- BE FREE UNIVERSITY hereby grants to the IBO/AMBASSADOR a nonexclusive right, based upon the terms and conditions contained in the Agreement to:
- Purchase BE FREE UNIVERSITY Services;
- Promote and sell BE FREE UNIVERSITY Services; and
- Sponsor new IBOs/Ambassadors and Students in countries where BE FREE UNIVERSITY is currently authorized to do business or becomes authorized to business in the future.
- No feature of the Compensation Plan constitutes a personal purchase requirement to become an IBO, move up in rank in or otherwise fully participate in the Compensation Plan. No purchase is required of anyone at any time to fully participate as an IBO, outside of the monthly administrative fee for the IBO/AMBASSADOR website, and reporting.
4.3 Renewals and Expiration of the IBO/AMBASSADOR Agreement
- If the IBO/AMBASSADOR allows his or her IBO/AMBASSADOR Agreement to expire due to nonpayment, the IBO/AMBASSADOR will lose any and all rights to his, her or its downline organization unless the IBO/AMBASSADOR re-activates within sixty (60) days following the expiration of the Application.
- Any IBO/AMBASSADOR who was terminated or whose Agreement has expired and lapsed the sixty (60) day grace period is not eligible to re-apply for an BE FREE UNIVERSITY business for six (6) months following the expiration of the IBO/AMBASSADOR Agreement.
- If the former IBO/AMBASSADOR re-activates within the sixty
(60) day time limit, the IBO/AMBASSADOR will resume the
rank and position held immediately prior to the expiration of
the IBO/AMBASSADOR Agreement. However, such IBO's
paid as level will not be restored unless he, she and/or an
entity qualifies at that payout level in the new month. The
IBO/AMBASSADOR is not eligible to receive commissions for
the time period that the IBO's position was expired.
- The sales and marketing organization of the expired IBO/AMBASSADOR will compress up to the immediate,active IBO/AMBASSADOR in the hierarchy.
4.4 Effect of Cancellation
- Following an IBO's cancellation for inactivity or voluntary or involuntary termination (collectively, a "cancellation") such IBO:
- Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the IBO's former sales and marketing organization or any other payments in association with the IBO's former independent position;
- Effectively waives any and all claims to property rights or any interest in or to the IBO's former sales and marketing organization;
- Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to BE FREE UNIVERSITY .
4.5 Modification of the IBO/AMBASSADOR Agreement
- An IBO/AMBASSADOR may modify his or her existing IBO/AMBASSADOR Agreement (i.e., add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the IBO) by submitting a written request, accompanied by a new IBO/AMBASSADOR Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a "crossed out" or "whiteout" version of the first Agreement), and any appropriate supporting documentation.
4.6 Unauthorized Transfer & Re-Enrollment
- In the event an IBO/AMBASSADOR discovers that an IBO/AMBASSADOR in their sales and marketing organization has re-enrolled under a different IBO, the IBO/AMBASSADOR has ninety (90) days from the date the downline IBO/AMBASSADOR enrolled under a new IBO/AMBASSADOR to notify the BE FREE UNIVERSITY Compliance team and request the downline IBO/AMBASSADOR be transferred back to his/her downline.
- Upon the expiration of the ninety (90) day notice period, the right to reclaim a new IBO/AMBASSADOR to his or her downline will be waived.
4.7 Change of Sponsors or Placement for IBOs/Ambassadors
- Placement changes/corrections may be requested within a period of 10 Day period from the time of enrollment. Such adjustments require written permission directed to the Support Team submitted from the personal back office of the sponsor as well as the IBO/AMBASSADOR to be moved and in some cases additional upline IBO(s).
- Sponsor changes are generally not permitted. However, sponsor corrections can be made if they are reported to the Support Team within 24 hours from the time of enrollment. Sponsor corrections must be requested from the distributor back office of the current (original) sponsor, stating the reason that the correction needs to be made.
- At the discretion of BE FREE UNIVERSITY, IBOs/Ambassadors who have not ordered Services for at least 6 months, and who have not tendered a letter of termination resignation, are eligible to re-enroll in BE FREE UNIVERSITY under the Sponsor/Placement of their choice.
- Upon written notice to BE FREE UNIVERSITY that a former IBO/AMBASSADOR wishes to re-enroll, BE FREE UNIVERSITY will "compress" (close) the original account. A new BE FREE UNIVERSITY ID number will then be issued to the former IBO.
- Such IBO/AMBASSADOR does not retain former rank, downline, or rights to commission from his or her former sales and marketing organizations.
4.8 Change Organizations
- BE FREE UNIVERSITY reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
- If an IBO/AMBASSADOR wishes to transfer sales and marketing organizations, he or she must submit a letter of termination resignation to the BE FREE UNIVERSITY Customer Service Team and remain inactive (place no orders or be on an auto ship) with or in BE FREE UNIVERSITY for 6 months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement. BE FREE UNIVERSITY retains the right to approve or deny any request to re-enroll after an IBO's termination.
- If re-enrollment is approved, the former IBO/AMBASSADOR will be issued a new BE FREE UNIVERSITY ID number and will be required to submit a new IBO/AMBASSADOR Agreement. The IBO/AMBASSADOR will not be entitled to keep any former rank, sales and marketing organization, or rights to commission from any prior organization.
4.9 Voluntary Termination
- An IBO/AMBASSADOR may immediately terminate his or her position by submitting a written notice or email to the BE FREE UNIVERSITY Compliance Team at email@example.com The written notice must include the following;
- The IBO's intent to terminate the Agreement; Date of termination;
- BE FREE UNIVERSITY Identification Number;
- Reason for terminating; and
- An IBO/AMBASSADOR may not use termination as a way to immediately change Sponsor and Placement. Instead, the IBO/AMBASSADOR who has voluntarily terminated is not eligible to reapply for a position or have any financial interest in any BE FREE UNIVERSITY business for 6 months from the receipt of the written notice of termination. They may also not promote BE FREE UNIVERSITY or attend events during their termination.
4.10 Involuntary Termination
- BE FREE UNIVERSITY reserves the right to terminate An IBO's position for, but not limited to, the following reasons;
- Violation of any Terms or Conditions of the IBO/AMBASSADOR Agreement;
- Violation of any provision of these Policies and Procedures in effect at the time the violation occurred or was discovered;
- Violation of any provision in the Compensation Plan;
- Violation of any applicable law, ordinance, or regulation regarding the BE FREE UNIVERSITY business;
- Engaging in unethical business practices or violating standards of fair dealing; or Returning over $500 worth of Services, and/or sales tools for a refund within a 12-month period.
- BE FREE UNIVERSITY will notify the IBO/AMBASSADOR in writing through the email on file or certified mail, return receipt requested or overnight documented mail, at his or her last known address of its intent to terminate the IBO's position and the reasons for termination. The IBO/AMBASSADOR will have 15 calendar days from the date of mailing of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. BE FREE UNIVERSITY will then have 30 calendar days from the date of receipt of the IBO's response to render a final decision as to termination.
- If a decision is made by BE FREE UNIVERSITY to terminate the IBO's position, BE FREE UNIVERSITY will inform the IBO/AMBASSADOR in writing that the position is terminated effective as of the date of the written notification.
- If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by BE FREE UNIVERSITY . The former IBO/AMBASSADOR shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any BE FREE UNIVERSITY Service. BE FREE UNIVERSITY will notify the active Sponsor within 10 days after termination.
- The organization of the terminated IBO/AMBASSADOR will "roll up" to the next immediate active direct Sponsor on record.
- The BE FREE UNIVERSITY IBO/AMBASSADOR who is involuntarily terminated by BE FREE UNIVERSITY may not reapply for a position, either under his or her present name or any other name or entity, without the express written consent of an officer of BE FREE UNIVERSITY, following a review by the BE FREE UNIVERSITY Compliance Committee. In any event, such IBO/AMBASSADOR may not re- apply for a position for 12 months from the date of termination.
5.1 BUSINESS ENTITIES
- A corporation, partnership, or trust (collectively referred to as a ("Business Entity") may apply to be an IBO.
- An IBO/AMBASSADOR may change their status under the same Sponsor from an individual to a partnership, corporation, trust or from one type of business entity to another.
- IBOs/Ambassadors are independent contractors acting in the capacity of a wholly independent marketing representative who establish and services retail Students for Be Free University Services. IBO/AMBASSADOR status, as such does not constitute either a sale of a security, franchise or a distributorship (exclusive or otherwise), and absolutely no fees have been or will be required from IBO/AMBASSADOR for the right to market and sell BE FREE UNIVERSITY Services pursuant to the IBO/AMBASSADOR Agreement, outside of the monthly administrative fee charged for maintaining the IBO's replicated website and reporting capabilities. The IBO/AMBASSADOR Agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership, or joint venture between IBO/AMBASSADOR and any other participant in the BE FREE UNIVERSITY marketing plan and/or Be Free University, LLC. As an independent contractor, IBO/AMBASSADOR will: (i) comply with all applicable federal, provincial and local laws, rules and regulations pertaining to the IBO/AMBASSADOR Agreement, including the sale, distribution and advertising of BE FREE UNIVERSITY Services, and (ii) at IBO's own expense, complete all filings, and obtain such licenses as are required by applicable federal, provincial and local laws, rules and regulations, with respect to the IBO/AMBASSADOR Agreement and IBO's activities as an IBO.
- IBOs/Ambassadors have no authority to bind Be Free University to any obligation. It is each IBO's responsibility to pay all income, local or applicable taxes as an independent contractor, and IBOs/Ambassadors are not eligible for employee benefits, such as unemployment compensation, worker's compensation or minimum wages. BE FREE UNIVERSITY encourages its IBOs/Ambassadors to set their own hours and to supply all of their own equipment and tools for operating their BE FREE UNIVERSITY business, such as telephones, transportation, professional services, office equipment and supplies. Further, IBOs/Ambassadors should determine their own methods of sale, so long as they comply with the policies of Company. Without limiting the generality of the foregoing, IBOs/Ambassadors shall be fully responsible for (i) all applicable federal, state and local withholding taxes, worker's compensation contributions license requirements and fees related to the IBO's earnings and activities as an IBO, and (ii) all expenses incurred in connection with the operation of the IBO's Company-related business, including but not limited to travel, meals, accommodation, secretarial, office, telephone and other business expenses.
- The BE FREE UNIVERSITY IBO/AMBASSADOR is fully responsible for all of his or her verbal and written communications made regarding BE FREE UNIVERSITY Services, and the Compensation Plan that are not expressly contained within official BE FREE UNIVERSITY materials. IBOs/Ambassadors shall indemnify and hold harmless BE FREE UNIVERSITY, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, lawyer fees and court costs incurred by BE FREE UNIVERSITY as a result of the IBO's unauthorized representations or actions. This provision shall survive the termination of the BE FREE UNIVERSITY IBO/AMBASSADOR Agreement.
- Business Pursuits Coverage. BE FREE UNIVERSITY encourages IBOs/Ambassadors to arrange insurance coverage for their business. A homeowner's insurance policy does not cover business related injuries, or the theft of, or damage to, inventory or business equipment. BE FREE UNIVERSITY IBOs/Ambassadors need to contact their insurance agent to make certain their business property is protected. In most instances, this may be accomplished with a "Business Pursuit" endorsement to an existing homeowner's policy.
- If an IBO/AMBASSADOR has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, genealogy, orders or charges, the IBO/AMBASSADOR must notify BE FREE UNIVERSITY in writing within thirty (30) days of the date the error or incident in question occurred. Any such errors, omissions or problems not reported within thirty (30) days shall be deemed waived by the IBO.
6.1 POLICY VIOLATIONS
6.2 Reporting Policy Violation
- An IBO/AMBASSADOR who observes a policy violation by another IBO, IBO/AMBASSADOR or Customer associated with BE FREE UNIVERSITY should submit an e-mail firstname.lastname@example.org any and all violations directly to the BE FREE UNIVERSITY Corporate office. The message shall set forth the details of the incident as follows: The nature of the violation:
- Specific facts to support the allegations;
- Number of occurrences;
- Persons involved; and
- Supporting documentation
- Once the matter has been presented to BE FREE UNIVERSITY, it will be researched thoroughly by the Compliance Team and appropriate action will be taken if required.
- This section refers to the general reporting of Policy violations as observed by other IBOs/Ambassadors for the mutual effort to support, protect, and defend the integrity of the BE FREE UNIVERSITY business and opportunity. If an IBO/AMBASSADOR has a grievance or complaint against another IBO/AMBASSADOR which directly relates to his or her BE FREE UNIVERSITY business, the Procedures set forth in these Policies must be followed.
6.3 Adherence to the BE FREE UNIVERSITY Compensation Plan
- An IBO/AMBASSADOR must adhere to the terms of the BE FREE UNIVERSITY Compensation Plan as set forth in these Policies and Procedures as well as in official BE FREE UNIVERSITY literature. Deviation from the Compensation Plan is prohibited.
- An IBO/AMBASSADOR shall not offer the BE FREE UNIVERSITY opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official BE FREE UNIVERSITY literature.
- An IBO/AMBASSADOR shall not require or encourage a current or prospective IBO/AMBASSADOR to participate in BE FREE UNIVERSITY in any manner that varies from the Compensation Plan as set forth in official BE FREE UNIVERSITY literature.
- An IBO/AMBASSADOR shall not require or encourage a current or prospective IBO/AMBASSADOR to make a purchase from or payment to any individual or other entity as a condition to participating in the BE FREE UNIVERSITY Compensation Plan.
6.4 Adherence to Laws and Ordinances
- Many cities, counties and townships have laws regulating certain homebased businesses. IBOs/Ambassadors must check their local laws and obey the laws that do apply to them.
- An IBO/AMBASSADOR or Customer shall comply with all Federal and local laws and regulations in their conduct of his or her BE FREE UNIVERSITY business.
- An IBO/AMBASSADOR accepts sole responsibility for and agrees to pay all fines and incur all liabilities for his or her actions that violate any laws or ordinances.
6.5 Compliance with Applicable Income Tax Laws
- An IBO/AMBASSADOR accepts sole responsibility for and agrees to pay all Federal, Provincial and local taxes on any income generated as an independent IBO, and further agrees to indemnify BE FREE UNIVERSITY from any failure to pay such tax amounts when due.
- If an IBO's business is tax exempt, the Federal Business Number must be provided to BE FREE UNIVERSITY in writing.
- BE FREE UNIVERSITY encourages all IBOs/Ambassadors to consult with a tax advisor for additional information for their business. BE FREE UNIVERSITY is required to change and remit sales tax to the various states or provinces based on the retail price. (Receipt of trips, prizes or awards in the amount of $600.00 or more.)
6.6 One BE FREE UNIVERSITY Business Per IBO
- An IBO/AMBASSADOR may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) BE FREE UNIVERSITY business. No individual (together with their spouse) may have, operate or receive compensation from more than one BE FREE UNIVERSITY business. Individuals of the same family unit, excluding spouses, may each enter into or have an interest in their own separate BE FREE UNIVERSITY businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A "family unit" is defined as parents or dependent children living at or doing business at the same address. Each position must build their position separate and independent of the other or the position will be deemed to be stacking.
6.7 Actions of Household Members or Affiliated Parties
- If any member of an IBO's immediate household engages in any activity which, if performed by the IBO, would violate any provision of the Agreement, such activity will be deemed a violation by the IBO/AMBASSADOR and BE FREE UNIVERSITY may take disciplinary action pursuant to these Policies and Procedures against the IBO. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively "Business Entity") violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and BE FREE UNIVERSITY may take disciplinary action against the Business Entity. Likewise, if an IBO/AMBASSADOR enrolls in BE FREE UNIVERSITY as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the Terms and Conditions of the Agreement.
6.8 Identification Numbers and Pay-Out
- Each IBO/AMBASSADOR is required to provide his or her federal Social Security Number or Federal Tax Identification Number, if located in the United States or any of its territories to BE FREE UNIVERSITY at the time IBO/AMBASSADOR initiates a transfer of monies or earnings accumulated in the IBO's Wallet. The transferring and disbursement of commission payments or bonuses acquired is known as a Pay- Out and BE FREE UNIVERSITY reserves the right to withhold Pay-Out from any IBO/AMBASSADOR who fails to provide such information or who provides false information.
- Upon enrollment, BE FREE UNIVERSITY will provide a BE FREE UNIVERSITY Identification Number to the IBO. This number will be used to place orders, structure organizations, and track commissions and bonuses.
6.9 Sell, Assign or Delegate Ownership
- In order to preserve the integrity of the hierarchical structure, it is necessary for BE FREE UNIVERSITY to place restrictions on the transfer, assignment, or sale of a position.
- An IBO/AMBASSADOR may not sell or assign his or her rights or delegate his or her position as An IBO/AMBASSADOR without prior written approval by BE FREE UNIVERSITY, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of BE FREE UNIVERSITY .
- Should the sale be approved by BE FREE UNIVERSITY, the Buyer assumes the position of the Seller at the current qualified title, but at the current "paid as" rank, at the time of the sale and acquires the Seller's Downline.
- To request corporate authorization for a sale or transfer of an BE FREE UNIVERSITY position, the following items must be submitted to the BE FREE UNIVERSITY Compliance Team:
- A Sale/Transfer of Position Form properly completed, with the requisite signatures.
- A copy of the Sales Agreement signed, dated and notarized by both Buyer and Seller.
- An IBO/AMBASSADOR Agreement completed and signed by the signed by the Buyer and proof of good standing;
- Payment of the $250 administration fee paid by Seller;
- Any additional supporting documentation requested by BEFREE UNIVERSITY .
- Any debt obligations that either Seller or Buyer may have with BE FREE UNIVERSITY must be satisfied prior to the approval of the sale or transfer by BE FREE UNIVERSITY .
- An IBO/AMBASSADOR who sells his or her position is not eligible to reenroll as a BE FREE UNIVERSITY IBO/AMBASSADOR in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.
6.10 Separating an BE FREE UNIVERSITY Business
- Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:
- One of the parties may, with the written consent of the other(s), operate the BE FREE UNIVERSITY business whereby the relinquishing Spouse (which term herein means either an individual that is legally married or an individual that is party to a legally recognized common law relationship), shareholders, partners, members or trustees authorize BE FREE UNIVERSITY to deal directly and solely with the other Spouse, non- relinquishing shareholder, partner, member or trustee;
- The parties may continue to operate the BE FREE UNIVERSITY business jointly on a "business as usual" basis, whereupon all compensation paid by BE FREE UNIVERSITY will be paid in the name designated as the IBOs/Ambassadors or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, BE FREE UNIVERSITY will pay compensation to the name on record and in such event, the IBO/AMBASSADOR named on the account shall indemnify BE FREE UNIVERSITY from any claims from the other business owner(s) or the other Spouse with respect to such payment.
- BE FREE UNIVERSITY recognizes only one sales and marketing organization and will issue only one commission payment transfer per BE FREE UNIVERSITY business per commission cycle. Under no circumstances will the hierarchy of an organization be divided, nor will BE FREE UNIVERSITY split commission and/or bonuses.
- If a relinquishing Spouse, partner or owner of the business has completely relinquished ("Relinquishing Party"), in writing, all rights to the original BEFREE UNIVERSITY business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any IBO/AMBASSADOR or active Customer in the former organization, and must develop a new business in the same manner as any other new BE FREE UNIVERSITY IBO. An IBO/AMBASSADOR in the Relinquishing Party's former Downline who wishes to transfer to the Relinquishing Party's new organization or to any other organization, must comply with the requirements in Section 4.0.
- The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
- Upon the death or incapacity of an IBO, the IBO's business may be passed on to his or her legal successors in interest (successor). Whenever an BEFREE UNIVERSITY business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased IBO's sales organization. The successor must:
- Complete and sign a new BE FREE UNIVERSITY IBO/AMBASSADOR Agreement;
- Comply with the Terms and provisions of the IBO/AMBASSADOR Agreement; and
- Meet all of the qualifications for the last rank achieved by the former IBO.
- Bonus and commission of an BE FREE UNIVERSITY business transferred based on this section will be paid in a single transfer to the successor. The successor must provide BE FREE UNIVERSITY with an "address of record" to which all bonus and commission Payments will be sent. Payments will be based on the current performance of the position, not the highest rank or volume achieved.
- If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a federal Business Number. BE FREE UNIVERSITY will issue all bonus and commission payments to the managing business entity only.
- Appropriate legal documentation must be submitted to BE FREE UNIVERSITY Compliance Team to ensure the transfer is done properly. To affect a testamentary transfer of an BE FREE UNIVERSITY business, the successor must provide the following to BE FREE UNIVERSITY Compliance Team;
- A certified copy of the death certificate; and
- A notarized copy of the will or other appropriate legal documentation establishing the successor's right to the BEFREE UNIVERSITY business.
- To complete a transfer of the BE FREE UNIVERSITY business because of incapacity, the successor must provide the following to the BE FREE UNIVERSITY Compliance Team;
- A notarized copy of an appointment as trustee;
- A notarized copy of the trust document or other appropriate legal documentation establishing the trustee's right to administer the BE FREE UNIVERSITY business; and
- A completed IBO/AMBASSADOR Agreement executed by the
- If the successor is already an existing IBO, BE FREE UNIVERSITY will allow IBO/AMBASSADOR to keep his or her own position plus the inherited
position active for up to six (6) months. By the end of the six (6) month period, the IBO/AMBASSADOR must have compressed (if applicable), sold or otherwise transferred either the existing position or the inherited position.
- If the successor wishes to terminate the BE FREE UNIVERSITY position, he or she must submit a notarized statement stating the desire to terminate the position, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal
- Upon written request, BE FREE UNIVERSITY may grant a 1 month bereavement waiver and pay out at the last "paid as" rank.
7.1 DISCIPLINARY ACTIONS
7.2 Imposition of Disciplinary Action - Purpose
- It is the spirit of BE FREE UNIVERSITY that integrity and fairness should pervade among its IBOs/Ambassadors, thereby providing everyone with an equal opportunity to build a successful business. Therefore, BE FREE UNIVERSITY reserves the right to impose disciplinary sanctions at any time, when it has determined that an IBO/AMBASSADOR has violated the Agreement or any of these Policies and Procedures or the Compensation Plan as they may be amended from time to time by BE FREE UNIVERSITY in accordance herewith.
7.3 Consequences and Remedies of Breach
- Disciplinary actions may include one or more of the following:
- Monitoring an IBO's conduct over a specified period of time to assure compliance;
- Issuance of a written warning or requiring the IBO/AMBASSADOR to take immediate corrective action;
- Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments ("Commission Hold") until the matter causing the Commission Hold is resolved or until BE FREE UNIVERSITY receives adequate additional assurances from the IBO/AMBASSADOR to ensure future compliance;
- Suspension from participation in Company or IBO/AMBASSADOR events, rewards, or recognition;
- Suspension of the BE FREE UNIVERSITY IBO/AMBASSADOR Agreement and position for one or more pay periods;
- Involuntary termination of the IBO's Agreement and position;
- Any other measure which BE FREE UNIVERSITY deems feasible and appropriate to justly resolve injuries caused by the IBO's Policy violation or contractual breach; OR
- Legal proceedings for monetary or equitable relief.
7.4 Suspension Procedures
- First Violation: Counseling and initial warning letter.
- A first violation usually occurs because the IBO/AMBASSADOR is not familiar with the Policies and Procedures or the law. Counseling and the initial warning provide an opportunity for Compliance to bring to the attention of the BE FREE UNIVERSITY the Policies and Procedures and the specific violation, and to provide counseling on complying with the Policies and Procedures and applicable laws. Compliance will also describe expectations and steps the IBO/AMBASSADOR must take to resolve the violation including, but not limited to, either removing or revising the non-compliant claim or how to remedy other policy violations. Within 3 days of this notice, Compliance will determine if the non-compliant material or other policy violation has been remediated. If so, Compliance will close the file. If not, Compliance will proceed to 2nd Violation notice.
- Second Violation: Second warning letter and temporary suspension
- Although it is hoped that the IBO/AMBASSADOR will promptly correct the violation(s), BE FREE UNIVERSITY recognizes that this may not always occur. The second written warning indicates the seriousness of repeated violations and will prompt a temporary suspension of the IBO's account. During the suspension period, the IBO/AMBASSADOR waives any and all rights to Pay-Out and must submit a signed a reinstatement letter wherein the IBO/AMBASSADOR acknowledges the violation(s) and describes the steps taken to correct the violation(s). Once the reinstatement letter is accepted by BE FREE UNIVERSITY, the suspension will be lifted. The IBO/AMBASSADOR may be subject to additional discipline up to and including termination if the violation is not remedied or further violations occur.
- Third Violation: Termination
- As described above, BE FREE UNIVERSITY will try to exercise the progressive nature of the Discipline Policy by first providing warnings, a final written warning and suspension and commissions forfeiture before proceeding to termination; however, BE FREE UNIVERSITY reserves the right to combine and omit steps depending on the circumstances of each situation and the nature of the violation. Furthermore, IBO/AMBASSADOR may be terminated without prior notice or disciplinary action, as authorized by the Policies and Procedures.
8.1 DISPUTE RESOLUTION
- If an IBO/AMBASSADOR has a grievance or complaint against another IBO/AMBASSADOR regarding any practice or conduct relating to their respective BE FREE UNIVERSITY businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the BE FREE UNIVERSITY Compliance Team as outlined below in this Section.
- The BE FREE UNIVERSITY Compliance Team will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the IBOs/Ambassadors involved.
- BE FREE UNIVERSITY will confine its involvement to disputes regarding BE FREE UNIVERSITY business matters only. BE FREE UNIVERSITY will not decide issues that involve personality conflicts or unprofessional conduct by or between IBOs/Ambassadors outside the context of an BE FREE UNIVERSITY business. These issues go beyond the scope of BE FREE UNIVERSITY and may not be used to justify a Sponsor or Placement change or a transfer to another BE FREE UNIVERSITY organization.
- BE FREE UNIVERSITY does not consider, enforce, or mediate third party agreements between IBOs/Ambassadors, nor does it provide names, funding, or advice for obtaining outside legal counsel.
- Process for Grievances:
- IBO/AMBASSADOR and BE FREE UNIVERSITY (collectively "the Parties") recognize disputes and differences may arise between the Parties and therefore agree it is in their best interest to appoint an impartial mediator to resolve such disputes as they arise. Additionally, the Parties recognize that litigation in court can be time consuming and expensive, hence THE PARTIES AGREE TO THE FOLLOWING:
- The Parties hereto agree to refer the following matters and responsibilities to the Mediator:
- The Mediator shall conduct the mediation based on the principle of party self-determination, in which the Parties come to a voluntary, uncoerced decision where each party makes free and informed choices.
- The Mediator shall conduct any necessary separate or ex parte meetings and other communications with parties or representatives, before, during, and after any scheduled mediation conference.
- The Parties should exchange all documents pertinent to the relief requested. The Mediator may request the exchange of memoranda and other information; items that a party wishes to keep confidential may be sent to the Mediator in a separate communication.
- The Mediator does not have the authority to issue a settlement, but will help facilitate a satisfactory resolution of the dispute.
- The Mediator will not make decisions for a Party or act as an arbitrator. i. Should a complete settlement of some or all issues not be achieved, the Mediator may continue to communicate with the Parties following the mediation conference.
- The Mediator is not a legal representative of any party.
- The Mediator shall set the date, time, and place for each session of the mediation conference and the Parties shall respond in a timely manner.
- The Mediator shall direct the Parties to file statements of their respective claims, legal submissions and reliefs claimed. Each party will file statements of defense in reply to the statements of claims of others. The Mediator shall allow the Parties to produce documents in support of their claims.
- The Mediator shall allow the Parties to be represented by their respective advocates, who have the authority to consummate a settlement. Any party may participate without representation (pro se).
- Mediation sessions and related mediation communications are private proceedings. The Parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the Parties and with the consent of the Mediator.
8.4 Termination of Mediation
- The mediation shall be terminated:
- By the execution of a settlement agreement by the Parties; or
- By a written or verbal declaration of the Mediator to the effect that further efforts at mediation would not contribute to a resolution of the Parties' dispute; or
- By a written or verbal declaration of all Parties to the effect that the mediation proceedings are terminated; or
- When there has been no communication between the Mediator and any party or party's representative for twenty (21) days following the conclusion of the mediation conference.
- Each Party will pay its own costs and expense of the mediation unless the Parties agree otherwise. The expenses of participants for either side shall be paid by the party requesting the attendance of such participants.
- The Parties agree that all mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived or precluded by both Parties or unless the evidence would otherwise be admissible or subject to discovery if it were not by reason of its disclosure or use in mediation.
- Jurisdiction and venue of any controversy or claim brought under this mediation provision shall be submitted to a Mediator with a principal office in New York City, New York. The mediation shall occur at the office of the Mediator or at any neutral location located in New York City, New York. The Parties further agree that the laws of the State of New York shall govern all matters, claims or controversy submitted to mediation pursuant to the Agreement.
- If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
- Only an officer of BE FREE UNIVERSITY can, in writing, affect a waiver of the BE FREE UNIVERSITY Policies and Procedures. BE FREE UNIVERSITY 's waiver of any particular breach by An IBO/AMBASSADOR shall not affect BE FREE UNIVERSITY 's rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other IBO.
- The existence of any claim or cause of action of an IBO/AMBASSADOR against BE FREE UNIVERSITY shall not constitute a defense to BE FREE UNIVERSITY 's enforcement of any term or provision of these Policies and Procedures.
8.7 Governing Law
- Subject to and without waiving the terms set forth in Sections 8.2 (Mediation) and 8.3 (Termination of Mediation) above, jurisdiction and venue of any controversy or claim arising from the Agreement or between BE FREE UNIVERSITY and IBO, shall be in Indiana. The law of the State of Indiana shall govern all matters relating to or arising from the Agreement or between BE FREE UNIVERSITY and IBO.
9.1 PAYMENT OF COMMISIONS & BONUSES
9.2 Bonus and Commission Qualifications
- An IBO/AMBASSADOR must be active and in compliance with any and all BE FREE UNIVERSITY Policies and Procedures set forth herein, along with all guidelines implemented to qualify for bonuses and commissions. So long as an IBO/AMBASSADOR complies with the terms and conditions set forth in the Agreement, BE FREE UNIVERSITY shall pay commissions to such IBOs/Ambassadors in accordance with the Compensation Plan and any amendments thereto.
- BE FREE UNIVERSITY will not issue a payment earned of any form to an IBO/AMBASSADOR without the receipt of the administrative fee and completed electronic BE FREE UNIVERSITY Application.
- BE FREE UNIVERSITY reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $50.00.
9.3 Computation of Commissions and Discrepancies
- In order to qualify to receive commissions and/or bonuses, an IBO/AMBASSADOR must be in good standing and comply with the Terms of the Application and these Policies and Procedures. Commissions, bonuses, overrides, and achievement levels are calculated each month.
- An IBO/AMBASSADOR must review his or her monthly statement and bonus/commission reports promptly and report any discrepancies within thirty (30) days of receipt. After the thirty (30) day "grace period" no additional requests will be considered for commission recalculations.
- For additional information on payment of commissions, please review the Compensation Plan.
9.4 Adjustments to Bonuses and Commissions for Returned Services or IBO/AMBASSADOR Memberships.
- An IBO/AMBASSADOR receives bonuses and commissions based on the actual sales of Services to end consumers and to IBOs/Ambassadors through service purchases. When a service is returned to BE FREE UNIVERSITY for a refund from the end consumer or by An IBO, the bonuses and commissions attributable to the returned service will be deducted from the IBO/AMBASSADOR who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.
- In the event that an IBO/AMBASSADOR terminates his or her position, and the amounts of the bonuses or commissions attributable to the returned Services have not yet been fully recovered by BE FREE UNIVERSITY, the remainder of the outstanding balance may be offset against any other amounts that may be owed by BE FREE UNIVERSITY to the terminated IBO.
- For additional information on payment of commissions, please review the Compensation Plan.
10.1 ORDERING SERVICES
10.2 General Service Ordering Policies
- "Bonus Buying" is strictly and absolutely prohibited. Bonus Buying includes;
- (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Application by such individuals or Business Entities;
- (b) the fraudulent enrollment of an individual or entity as an IBO/AMBASSADOR or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or Business Entities as IBOs/Ambassadors or Students ("phantoms"); (d) purchasing BE FREE UNIVERSITY Services or services on behalf of another IBO/AMBASSADOR or Customer, or under another IBO's or Customer's ID number, to qualify for commissions or bonuses; and/or (e) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end consumers.
- BE FREE UNIVERSITY requires that IBOs/Ambassadors use their own credit cards and not allow others to use them. An IBO/AMBASSADOR shall not use another IBO's or Customer's credit card or debit account to enroll in BE FREE UNIVERSITY or purchase Services without the account holder's written permission. Such documentation must be kept by the IBO/AMBASSADOR indefinitely in case BE FREE UNIVERSITY needs to reference this.
- Regarding an order with an invalid or incorrect payment, BE FREE UNIVERSITY will attempt to contact the IBO/AMBASSADOR by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after the expiration of seven (7) business days, the order will be canceled.
- Prices are subject to change without notice.
- An IBO/AMBASSADOR or Customer who is a recipient of an incorrect order must notify BE FREE UNIVERSITY within three (3) calendar days from receipt of the order and follow the Procedures as set forth in these Policies and Procedures, along with the Return/Exchange Policies and any and all guidelines instated and effective and any amendments thereto.
10.3 Sales to Students
- Sales to retail Students must be done directly through IBOs/Ambassadors' replicated websites.
- IBOs/Ambassadors will comply with applicable consumer protection laws and regulations (including any consumer rights to receive specific notices and any rights to return services) afforded consumers under applicable consumer protection legislation.
- The customer should contact BE FREE UNIVERSITY within seven (7) days of the initial sale.
10.4 Insufficient Funds
- All electronic payments that are declined for insufficient funds will be automatically re-submitted for payment.
- Any outstanding balance owed to BE FREE UNIVERSITY by an IBO/AMBASSADOR or Customer of An IBO/AMBASSADOR from NSF (nonsufficient funds) or insufficient fund fees (ACH), will be withheld by BE FREE UNIVERSITY from that IBO's future bonus and commission funds.
- All transactions involving insufficient funds through ACH or credit card, which are not resolved in a timely manner by the IBO, constitute grounds for disciplinary sanctions or termination of the account.
- If a credit card order or automatic debit is declined the first time, the Customer or IBO/AMBASSADOR will be contacted directly and a request
for an alternate form of payment will be made before any product will be shipped. If payment is declined a second time, the Customer or IBO/AMBASSADOR may be deemed ineligible to purchase BE FREE UNIVERSITY Services or services or participate in the monthly auto ship.Note: Participation by IBOs/Ambassadors in BE FREE UNIVERSITY 's monthly auto ship, which is a recurring service order program, is entirely optional, and is not required in order to become An IBO, move up in rank or otherwise, fully participate in the Rewards Program.
10.5 Credit Card Purchases
- Credit card purchases may only be made by the individual whose name and address are on the credit card. Any IBO/AMBASSADOR or Customer who uses another individual's credit card to pay for purchases risks having his/her Account being placed on suspension pending an investigation and resolution of any complaints regarding unauthorized charges. BE FREE UNIVERSITY considers such transactions fraudulent and will report them to the proper authorities for settlement.
- Under no circumstance will any IBO/AMBASSADOR and/or Customer charge back any credit card purchases. Any IBO/AMBASSADOR and/or Customer who does so will immediately lose all credit card ordering privileges until the charges are replaced with certified funds. If an erroneous charge is applied to an IBO/AMBASSADOR and/or Customer's credit card, the IBO/AMBASSADOR or Customer should immediately contact the BE FREE UNIVERSITY Support Team via email at email@example.com to initiate an investigation and resolution.
- If an IBO/AMBASSADOR or Customer notifies his/or her banking institution and requests a chargeback for the amount of the purchase, the person's Account will be automatically closed indefinitely upon BE FREE UNIVERSITY 's notification of the disputed purchase.
10.6 Sales Tax Obligation
- The IBO/AMBASSADOR shall comply with all federal and local taxes and regulations governing the sale of BE FREE UNIVERSITY Services. BE FREE UNIVERSITY may collect and remit sales tax, on IBO/AMBASSADOR orders. When orders are placed with BE FREE UNIVERSITY, sales tax is prepaid based upon the suggested retail price. BE FREE UNIVERSITY will remit the sales tax to the appropriate Provincial and local jurisdictions. The IBO/AMBASSADOR may recover the sales tax when he or she makes a sale. BE FREE UNIVERSITY IBOs/Ambassadors are responsible for any additional sales taxes due on Services marked up and sold at a higher price.
- BE FREE UNIVERSITY encourages each IBO/AMBASSADOR to consult with a tax advisor for additional information for his or her business.
- BE FREE UNIVERSITY may be required to charge and remit sales tax to the various states and U.S territories based on the retail price.
10.7 Refund Policy
- BE FREE UNIVERSITY Students:
- If within the first seven (7) days, you are not satisfied with the service you must contact support by logging into befree.university and clicking the support button for a full refund of the service amount, with the exception of Bitcoin purchases.
- Be Free University does not refund any purchases completed through Bitcoin. There are no exceptions. All purchases are charged and refunded in U.S. Dollars. All refunds and exchanges will also be refunded or exchanged in U.S. Dollars. Be Free University Inc. is not responsible for fluctuating exchange rate.
11.1 BE FREE UNIVERSITY OPPORTUNITY
11.2 Presentation of Compensation Plan - Income Claims
- In presenting the BE FREE UNIVERSITY opportunity to potential Students and IBOs/Ambassadors, an IBO/AMBASSADOR is required to comply with the following provisions:
- AN IBO/AMBASSADOR shall not misquote or omit any significant material fact about the Compensation Plan.
- An IBO/AMBASSADOR shall make it clear that the Compensation Plan is based upon sales of BE FREE UNIVERSITY Services and upon the sponsoring of other IBOs/Ambassadors.
- An IBO/AMBASSADOR shall make it clear that success can be achieved only through substantial and diligent independent efforts.
- An IBO/AMBASSADOR shall not make income projections, claims, or guarantees while presenting or discussing the BE FREE UNIVERSITY opportunity or Compensation Plan to prospective IBOs/Ambassadors or Students. An IBO/AMBASSADOR should inform all IBOs/Ambassadors that success requires substantial work. Income claims include, but not limited to, copies of Paylution checks, banks statements, rank earnings, tax documents, trading profits, Lifestyle claims and photos. I.e. Cash, Exotic cars, yachts. Income claims are prohibited at events and/or posting on Social Media, Websites, or Videos. If found to have posted income or
lifestyle claims on social media, you will receive a warning to remove the post immediately. Repeated offenses will result in suspension or possible termination.
- An IBO/AMBASSADOR may not make any claims or show trading results based on or regarding Services offered by BE FREE UNIVERSITY, except those contained in official BE FREE UNIVERSITY literature.
- An IBO/AMBASSADOR may not use official BE FREE UNIVERSITY material to promote the BE FREE UNIVERSITY business opportunity in any country where BE FREE UNIVERSITY has not established a "presence" or is duly authorized to conduct business.
- IBOs/Ambassadors are limited to charging $30.00 per person for events.
- Compliance must approve all marketing materials.
11.4 Trading Policies
- IBOs/Ambassadors or Students are strictly prohibited from selling Signals, Trading Bots, Auto-traders or taking investments to trade. Any violation of these will result in immediate termination.
- An IBO/AMBASSADOR must always cover profits when posting winning trades on social media. Trading Challenges or projected Growth charts are prohibited.
11.5 Sales Requirements Are Governed by the Compensation Plan
- There are no exclusive territories granted to anyone. No franchise fees are applicable to an BE FREE UNIVERSITY business. BE FREE UNIVERSITY Services may only be sold where BE FREE UNIVERSITY is licensed or otherwise authorized to conduct business.
12.1 PROPRIETARY INFORMATION & TRADE SECRETS
12.2 Business Reports, Lists, and Proprietary Information
- By agreeing to the BE FREE UNIVERSITY IBO/AMBASSADOR Agreement, the IBO/AMBASSADOR acknowledges that business reports, lists of Customer and IBO/AMBASSADOR names and contact information and any other information, which contain financial, technical or other information both written or otherwise circulated by BE FREE UNIVERSITY or pertaining to the business of BE FREE UNIVERSITY (collectively, "Reports"), are confidential and proprietary information and trade secrets belonging to BE FREE UNIVERSITY .
12.3 Obligation of Confidentiality
- During the term of the BE FREE UNIVERSITY IBO/AMBASSADOR Agreement and for a period of one (1) year after the termination or expiration of the IBO/AMBASSADOR Agreement between the IBO/AMBASSADOR and BE FREE UNIVERSITY, the IBO/AMBASSADOR shall not;
- Use the information in the Reports to compete with BE FREE UNIVERSITY or for any purpose other than promoting his or her BE FREE UNIVERSITY business;
- Use or disclose to any person or entity any confidential information contained in the reports, including the replication of the genealogy in another network marketing company.
12.4 Breach and Remedies
- The IBO/AMBASSADOR acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to BE FREE UNIVERSITY and to independent BE FREE UNIVERSITY businesses. BE FREE UNIVERSITY and its IBOs/Ambassadors will be entitled to injunctive relief or to recover damages against any IBO/AMBASSADOR who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of lawyer's fees, court costs and expenses.
12.5 Return of Materials
- Upon demand by BE FREE UNIVERSITY, any current or former IBO/AMBASSADOR will return the original and all copies of all "Reports" to BE FREE UNIVERSITY together with any BE FREE UNIVERSITY confidential information in such person's possession.
13.3 Expectation of Privacy
- BE FREE UNIVERSITY recognizes and respects the importance its Students and IBOs/Ambassadors place on the privacy of their financial and personal information. BE FREE UNIVERSITY will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Students', and IBOs/Ambassadors' financial and account information and nonpublic personal information.
- By entering into the IBO/AMBASSADOR Agreement, an IBO/AMBASSADOR or Customer authorizes BE FREE UNIVERSITY to disclose his or her name and contact information to upline IBOs/Ambassadors solely for activities related to the furtherance of the BE FREE UNIVERSITY business. An IBO/AMBASSADOR hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his or her downline organization and conducting the BE FREE UNIVERSITY business.
13.4 Employee Access to Information
- BE FREE UNIVERSITY limits the number of employees who have access to Customer's and IBOs/Ambassadors' nonpublic personal information.
13.5 Restrictions on the Disclosure of Account Information
- BE FREE UNIVERSITY will not share non-public personal information or financial information about current or former Students or IBOs/Ambassadors with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Students', or IBOs/Ambassadors' interests or to enforce its rights or obligations under these Policies and Procedures, or IBO's Agreement or with written permission from the accountholder on file.
14.1 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
14.2 Labeling, Packaging, and Displaying Services
- An IBO/AMBASSADOR and/or Customer may not re-label, or alter labels, electronically or otherwise any BE FREE UNIVERSITY service, information, materials or program(s) in any way. BE FREE UNIVERSITY Services must only be sold through the BE FREE UNIVERSITY ecosystem of replicated websites, hosted on BE FREE UNIVERSITY servers. Such re-labeling violates federal and regulatory laws, which may result in criminal or civil penalties or liability.
- An IBO/AMBASSADOR shall not cause any BE FREE UNIVERSITY service or any BE FREE UNIVERSITY trade name to be sold or displayed in retail establishments except;
- Where the retail establishment is owned or managed by the BE FREE UNIVERSITY IBO/AMBASSADOR and the establishment does not exceed $1 million in annual gross revenue, and there are five (5) or fewer establishments under common ownership of management.
- An IBO/AMBASSADOR may sell BE FREE UNIVERSITY Services and display the BE FREE UNIVERSITY trade name at any appropriate display booth (such as trade shows, expositions, conferences etc.) with the express written consent of BE FREE UNIVERSITY .
- An IBO/AMBASSADOR or Customer is prohibited to sell BE FREE UNIVERSITY Services and display the BE FREE UNIVERSITY trade name, trademark or service mark at any kiosk or booth located in any retail establishment, such as a mall or retail facility.
- BE FREE UNIVERSITY reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its Services and services, or the BE FREE UNIVERSITY opportunity.
14.3 Use of Company Names and Protected Materials
- An IBO/AMBASSADOR must safeguard and promote the good reputation of BE FREE UNIVERSITY and the Services it markets. The marketing and promotion of BE FREE UNIVERSITY, the BE FREE UNIVERSITY opportunity, the Compensation Plan, and BE FREE UNIVERSITY Services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
- All promotional materials supplied or created by BE FREE UNIVERSITY must be used in their original form and cannot be changed, amended or altered, except with prior written approval from the BE FREE UNIVERSITY Compliance Team.
- The name of BE FREE UNIVERSITY, each of its service names and other names that have been adopted by BE FREE UNIVERSITY, in connection with its business are proprietary trade names, trademarks and service marks of BE FREE UNIVERSITY . As such, these marks are of great value to BE FREE UNIVERSITY and are supplied to IBOs/Ambassadors for their use only in an expressly authorized manner.
- An IBO's use of the name "BE FREE UNIVERSITY " is restricted to protect BE FREE UNIVERSITY proprietary rights, ensuring that the BE FREE UNIVERSITY protected names will not be lost or compromised by unauthorized use. Use of the BE FREE UNIVERSITY name on any item not produced by BE FREE UNIVERSITY is prohibited except as follows:
- [IBO's name] Independent BE FREE UNIVERSITY
- IBO/AMBASSADOR or BE FREE UNIVERSITY Independent Business Owner.
- [IBO's name] Independent IBO/AMBASSADOR of BE FREE UNIVERSITY Services.
- Further procedures relating to the use of the BE FREE UNIVERSITY name are as follows:
- All stationary (i.e. letterhead, envelopes, and business cards) bearing the BE FREE UNIVERSITY name or logo intended for use by the BE FREE UNIVERSITY IBO/AMBASSADOR must be submitted via email to the BE FREE UNIVERSITY Compliance Team for approval. Submit
- BE FREE UNIVERSITY IBOs/Ambassadors may list "Independent BE FREE UNIVERSITY IBO" in the white pages of the telephone directory under his or her own name.
- BE FREE UNIVERSITY IBOs/Ambassadors may not use the name BE FREE UNIVERSITY or BE FREE UNIVERSITY in answering his or her telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, "Independent BE FREE UNIVERSITY IBO."
- Certain photos and graphic images used by BE FREE UNIVERSITY in its advertising, packaging, and websites are the result of paid contracts with
outside vendors that do not extend to IBOs/Ambassadors. If an IBO/AMBASSADOR wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.
- An IBO/AMBASSADOR shall not appear on or make use of television or radio or make use of any other media to promote or discuss BE FREE UNIVERSITY or its programs, services without prior written permission from the BE FREE UNIVERSITY Compliance Team.
- An IBO/AMBASSADOR may not produce for sale or distribution any Company event or speech, nor may an IBO/AMBASSADOR reproduce BE FREE UNIVERSITY audio or video clips for sale or for personal use without prior written permission from the BE FREE UNIVERSITY Compliance Where professional services are the primary source of revenue and the service sales are secondary (e.g., d's offices, clinics, health clubs, spas and beauty salons); Team.
- BE FREE UNIVERSITY reserves the right to rescind its prior approval of any sales aid or promotional materials to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected IBO.
- An IBO/AMBASSADOR shall not promote non-BE FREE UNIVERSITY Services or services in conjunction with BE FREE UNIVERSITY Services or services on the same social media site or same advertisement without prior approval from BE FREE UNIVERSITY Compliance Team.
- Claims (which include personal testimonials) of any Services offered by BE FREE UNIVERSITY may not be made except those contained in official BE FREE UNIVERSITY literature. In particular, no IBO/AMBASSADOR may make any claim that BE FREE UNIVERSITY Services guarantee financial, of investment growth, profits, or any other financial team seen as a purported or guarantee of return on investment. Such statements can be perceived as investment claims. Not only do such claims violate BE FREE UNIVERSITY policies, but they also potentially violate federal and provincial laws and regulations.
14.4 Faxes and E-mail - Limitations
- Except as provided in this section, an IBO/AMBASSADOR may not use or transmit unsolicited email, mass email distribution, other commercial electronic messages or "spamming" that advertises or promotes the operation of his or her BE FREE UNIVERSITY business. The exceptions are;
- E-mailing any person who has given prior permission or invitation;
- E-mailing any person with whom the IBO/AMBASSADOR has established a current business or personal relationship.
- In all states or U.S. or International territories where prohibited by law, an IBO/AMBASSADOR may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.
- All e-mail or computer broadcasted documents subject to this provision shall include each of the following;
- A clear and obvious identification that the fax or e-mail message is an advertisement or solicitation. The words "advertisement" or "solicitation" should appear in the subject line of the message;
- A clear return path or routing information;
- The use of legal and proper domain name;
- A clear and obvious notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;
- Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
- The true and correct name of the sender, valid senders fax or e-mail address, and a valid sender physical address;
- The date and time of the transmission;
- Upon notification by recipient of his or her request not to receive further faxed or e-mailed documents, an IBO/AMBASSADOR shall not transmit any further documents to that recipient.
- All e-mail or computer broadcasted documents subject to this provision shall not include any of the following;
- Use of any third-party domain name without permission;
- Sexually explicit materials.
14.5 Internet and Third-Party Website Restrictions
- An IBO/AMBASSADOR and/or Customer is prohibited from creating or registering any third-party website in order to promote, sell or advertise their BE FREE UNIVERSITY business. AN IBO/AMBASSADOR and/or Customer is prohibited to use or attempt to register any of BE FREE UNIVERSITY 's trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the BE FREE UNIVERSITY name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.
- An IBO/AMBASSADOR may not sell BE FREE UNIVERSITY Services, or offer the Business Opportunity using "online auctions," such as eBayÂ®, Amazon, Etsy or other external retail websites or auction sites. Social Media sites may be used to sell or offer to sell BE FREE UNIVERSITY Services or services. PROFILES AN IBO/AMBASSADOR OR CUSTOMER GENERATES IN ANY SOCIAL COMMUNITY WHERE BE FREE UNIVERSITY IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE IBO/AMBASSADOR AS AN INDEPENDENT BE FREE UNIVERSITY IBO, and when An IBO/AMBASSADOR and/or Customer participates in those communities, BE FREE UNIVERSITY IBOs/Ambassadors and/or Students must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at BE FREE UNIVERSITY 's sole discretion, and offending BE FREE UNIVERSITY IBO/AMBASSADOR and/or Customer will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the BE FREE UNIVERSITY approved library, official BE FREE UNIVERSITY website or social media outlet. If a link is provided, it must link to the posting IBO's Replicated website.
- Anonymous postings or use of an alias on any Social Media site is prohibited, and offending BE FREE UNIVERSITY IBOs/Ambassadors will be subject to disciplinary action.
- An BE FREE UNIVERSITY BOs and/or Students may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments IBOs/Ambassadors or Students create, or leave must be useful, unique, relevant and specific to the blog's article. An IBOs/Ambassadors and/or Students must disclose their full name on all Social Media postings, and conspicuously identify themselves as an Independent BE FREE UNIVERSITY IBO/AMBASSADOR for BE FREE UNIVERSITY . Anonymous postings or use of an alias is prohibited.
- Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the BE FREE UNIVERSITY income opportunity, BE FREE UNIVERSITY 's Services and services, and/or your biographical information and credentials. An IBO/AMBASSADOR and/or Customer are personally responsible for their postings and all other online activity that relates to BE FREE UNIVERSITY . Therefore, even if An IBO/AMBASSADOR does not own or operate a blog or Social Media site, if An IBO/AMBASSADOR and/or Customer posts to any such site that relates to BE FREE UNIVERSITY or which can be traced to BE FREE UNIVERSITY, the IBO/AMBASSADOR is responsible for the posting. IBO/AMBASSADOR and/or Customer are also responsible for postings which occur on any blog or Social Media site that the IBO/AMBASSADOR and/or Customer owns, operates, or controls.
- As an IBO, it is important to not converse with any person who places a negative post against you, other BE FREE UNIVERSITY IBOs/Ambassadors, or BE FREE UNIVERSITY . Report negative posts to BE FREE UNIVERSITY at firstname.lastname@example.org. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as BE FREE UNIVERSITY, and therefore damages the reputation and goodwill of BE FREE UNIVERSITY .
- The distinction between a Social Media site and a website may not be clear- cut, because some Social Media sites are particularly robust, BE FREE UNIVERSITY therefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites which are herein prohibited.
- If your BE FREE UNIVERSITY business is cancelled for any reason, you must discontinue using the BE FREE UNIVERSITY name, and all of BE FREE UNIVERSITY 's trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an Independent BE FREE UNIVERSITY IBO, you must conspicuously disclose that you are no longer an Independent BE FREE UNIVERSITY IBO.
- Failure to comply with these Policies for conducting business online may result in the IBO/AMBASSADOR losing their right to advertise and market BE FREE UNIVERSITY services and BE FREE UNIVERSITY 's business opportunity online in addition to any other disciplinary action available under the Policies and Procedures.
14.6 Advertising and Promotional Materials
- You may not advertise any BE FREE UNIVERSITY Services at a price LESS than the highest company published, established retail price of the BE FREE UNIVERSITY service and applicable taxes. No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, or other such offers that grant advantages beyond those available through the Company.
- Advertising and all forms of communications must adhere to principles of honesty and propriety.
- All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the BE FREE UNIVERSITY Compliance Team.
- All requests for approvals with respect to advertising must be directed in writing to the BE FREE UNIVERSITY Compliance Team.
- AN IBO/AMBASSADOR who is currently paid at the Chairman 250 rank may create his or her own ads or promotional materials including the development of commercials or infomercials. However, all such materials, and any subsequent changes thereto, shall be submitted to the BE FREE UNIVERSITY Compliance Team for approval.
- Chairmen 250 are encouraged to work with the Compliance Team prior to the production of commercials, infomercials, or websites. BE FREE UNIVERSITY reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations, and may require the removal of such advertisements from the marketplace without obligation to the affected BE FREE UNIVERSITY IBO.
14.7 Testimonial Permission
- By agreeing to the BE FREE UNIVERSITY IBO/AMBASSADOR Agreement, An IBO/AMBASSADOR gives BE FREE UNIVERSITY permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the BE FREE UNIVERSITY Business Opportunity, An IBO/AMBASSADOR waives any right to be compensated for the use of his or her testimonial or image and likeness even though BE FREE UNIVERSITY may be paid for items or sales materials containing such image and likeness, and represents that any testimonial represents BE FREE UNIVERSITY IBO's current, original, honest opinion, thoughts, beliefs, findings or experiences, based on IBO's actual experience with BE FREE UNIVERSITY and any stated use of BE FREE UNIVERSITY Services and/or services, and agrees to notify IBO/AMBASSADOR immediately of any changes in the views expressed in the testimonial. In some cases, An IBO's testimonial may appear in another BE FREE UNIVERSITY IBO's advertising materials. If an IBO/AMBASSADOR does not wish to participate in BE FREE UNIVERSITY sales and marketing materials, he or she should provide a written notice to the BE FREE UNIVERSITY Compliance Team to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
14.8 Telemarketing - Limitations
- AN IBO/AMBASSADOR must not engage in telemarketing in relation to the operation of the BE FREE UNIVERSITY IBO's BE FREE UNIVERSITY business. The term "telemarketing" means the placing of one or more telephone calls or facsimile transmissions to an individual or entity to induce the purchase of BE FREE UNIVERSITY Services or to recruit them for the BE FREE UNIVERSITY opportunity.
- ; The federal government administers the Unsolicited Telecommunication Rules and operates a national Do-Not-Call registry that requires businesses to refrain from calling phone numbers listed on the national "Do-Not-Call" list (DNCL) and or people who tell the caller directly not to call/fax in the future.
- While an IBO/AMBASSADOR may not consider himself or herself a "telemarketer" in the traditional sense, these regulations broadly define the term "telemarketer" and "telemarketing" so that the unintentional action of calling someone whose telephone number is listed on the Federal "Do Not Call" registry could cause the IBO/AMBASSADOR to violate the law. These regulations must not be taken lightly, as they carry significant penalties.
- "Cold calls" or unsolicited calls/faxes made to prospective Students or IBOs/Ambassadors in order to promote BE FREE UNIVERSITY Services, services or the BE FREE UNIVERSITY opportunity is considered telemarketing and is prohibited.
- Exceptions to Telemarketing Regulations
- AN IBO/AMBASSADOR may place telephone calls or faxes to prospective Students, or IBOs/Ambassadors under the following limited situations:
- If the IBO/AMBASSADOR has an established current business relationship with the prospect;
- In response to the prospect's personal inquiry or application regarding a product or service offered by the BE FREE UNIVERSITY IBO, within 3 months immediately before the date of such a call/fax;
- If the IBO/AMBASSADOR receives written and signed permission from the prospect authorizing the IBO/AMBASSADOR to call/fax;
- If the call/fax is to family members, personal friends, and acquaintances. However, if an IBO/AMBASSADOR makes a habit of collecting business cards from everyone he/she meets and subsequently calls/faxes them, the federal government may consider this a form of telemarketing that is not subject to this exemption;
- BE FREE UNIVERSITY IBOs/Ambassadors engaged in calling "acquaintances," must make such calls/faxes on an occasional basis only and not as a routine practice.
- AN IBO/AMBASSADOR shall not use automatic telephone dialing systems in the operation of his or her BE FREE UNIVERSITY businesses.
- Failure to abide by BE FREE UNIVERSITY policies or regulations as set forth by the federal government regarding telemarketing may lead to sanctions against the BE FREE UNIVERSITY IBO's position, up to and including termination of the position.
- By signing the BE FREE UNIVERSITY IBO/AMBASSADOR Agreement, or by accepting commissions, other payments or awards from BE FREE UNIVERSITY, an IBO/AMBASSADOR gives permission to BE FREE UNIVERSITY and other BE FREE UNIVERSITY IBOs/Ambassadors to contact them as permitted under the Federal Do Not Call regulations.
- In the event An IBO/AMBASSADOR violates this section, BE FREE UNIVERSITY reserves the right to institute legal proceedings to obtain monetary or equitable relief.
15.1 INTERNATIONAL MARKETING
15.2 International Marketing Policy
- AN IBO/AMBASSADOR is authorized to sell BE FREE UNIVERSITY services, to Students and BE FREE UNIVERSITY IBOs/Ambassadors only in the countries in which BE FREE UNIVERSITY is authorized to conduct business, according to the Policies and Procedures of each country. BE FREE UNIVERSITY IBOs/Ambassadors may not sell services in any country where BE FREE UNIVERSITY services have not received applicable government authorization or approval.
- AN IBO/AMBASSADOR may not, in any unauthorized country, conduct sales, enrollment or training meetings, enroll or attempt to enroll potential Students, or IBOs/Ambassadors, nor conduct any other activity for the purpose of selling BE FREE UNIVERSITY services, establishing a sales organization, or promoting the BE FREE UNIVERSITY business opportunity.
16.0 BE FREE UNIVERSITY GLOSSARY OF TERMS
- ACTIVE IBO: AN IBO/AMBASSADOR who is in good standing with respect to the Agreement and who satisfies the minimum sales volume requirements, as set forth in the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions.
- AGREEMENT: The contract between BE FREE UNIVERSITY and each BE FREE UNIVERSITY IBO/AMBASSADOR and Customer; includes the IBO/AMBASSADOR Agreement, the BE FREE UNIVERSITY Policies and Procedures, and the BE FREE UNIVERSITY Compensation Plan, all in their current form and as amended by BE FREE UNIVERSITY in its sole discretion in accordance with the terms hereof. These documents are collectively referred to as the "Agreement."
- CANCEL:The termination of An IBO's business. Cancellation may be either voluntary, involuntary, or through non-renewal. COMPENSATION PLAN:The guidelines and referenced literature for describing how IBOs/Ambassadors can generate commissions and bonuses CUSTOMER: A Customer who purchases BE FREE UNIVERSITY Services and does not engage in building a business or retailing product.
- IBO: AN IBO/AMBASSADOR who enrolls a Customer, or another IBO/AMBASSADOR into the Company, and is listed as the Sponsor on the IBO/AMBASSADOR Agreement. The act of enrolling others and training them to become IBOs/Ambassadors is called "Sponsoring."
*Note: Any reference to "personally enrolling/sponsoring" herein is simply descriptive of the method of building a community of IBOs/Ambassadors, ie. personally, enrolling other participants into the Plan. The phrase is not intended to imply any connection between the simple act of recruitment, sponsorship, or enrollment, and payment of compensation.
- IBO'S/IBO'S WALLET: Is a secure site that manages BE FREE UNIVERSITY IBO's commissions.
- SPONSOR*: AN IBO/AMBASSADOR who enrolls a Customer, Retailer, or another BE FREE UNIVERSITY IBO/AMBASSADOR into the Company, and is listed as the Sponsor on the IBO/AMBASSADOR Agreement. The act of enrolling others and training them to become BE FREE UNIVERSITY IBOs/Ambassadors is called "sponsoring."
*Note: Any reference to "personally enrolling/sponsoring" herein is simply descriptive of the method of building a community of IBOs/Ambassadors, ie. personally enrolling other participants into the Plan. The phrase is not intended to imply any connection between the simple act of recruitment, sponsorship, or enrollment, and payment of compensation.
- IBO: An individual or entity who actively promotes, markets and sells BE FREE UNIVERSITY Services for profit and who actively seeks and recruits others to do the same in accordance with the Agreement.
- LINE OF SPONSORSHIP (LOS): A report generated by BE FREE UNIVERSITY that provides critical data relating to the identities of IBOs/Ambassadors, sales information, and enrollment activity of each BE FREE UNIVERSITY IBO's organization. This report contains confidential and trade secret information which is proprietary to BE FREE UNIVERSITY .
- ORGANIZATION: The Students and BE FREE UNIVERSITY IBO/AMBASSADOR placed below a particular IBO
- OFFICIAL BE FREE UNIVERSITY MATERIAL: Literature, audio or video tapes, and/or any other materials developed, printed, published, or distributed by BE FREE UNIVERSITY to IBO/AMBASSADOR and Students.
- PLACEMENT: Your position inside your Sponsor's organization.
- RECRUIT: For purposes of the Agreement, the term "Recruit" means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another BE FREE UNIVERSITY IBO/AMBASSADOR or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
- UPLINE: This term refers to the BE FREE UNIVERSITY IBO/AMBASSADOR or IBOs/Ambassadors above a particular BE FREE UNIVERSITY IBO/AMBASSADOR or Sponsor in a sponsorship line up to the Company. It is the line of sponsors that links any particular IBO/AMBASSADOR to the Company.