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Policies & Procedures
 
 

Global Prosperity Solutions, LLC

Policies and Procedures

 

Effective April 1, 2019

 

Contents

SECTION 1 - MISSION STATEMENT

SECTION 2 - INTRODUCTION

2.1 - Purpose of the ISE Agreement and the Policies and Procedures

2.2 - Policies and Procedures Incorporated into ISE Agreement

2.3 - Changes to the Agreement

2.4 - Policies and Provisions Severable

2.5 - Waiver

2.6 - Company Use of Information

SECTION 3 - BECOMING AN ISE

3.1 - Requirements to Become an ISE

3.2 - Business Kit and Product Purchases

3.3 - ISE Benefits

3.4 - Term of Your Global Prosperity Solutions Business

SECTION 4 - OPERATING A GLOBAL PROSPERITY SOLUTIONS BUSINESS

4.1 - Adherence to the Global Prosperity Solutions Compensation Plan

4.2 - Advertising

4.2.1 - General

4.2.2 - Trademarks and Copyrights

4.2.3 - Media and Media Inquiries

4.2.4 - Unsolicited Email

4.2.4.1 - Requirements for All Commercial Email Messages

4.2.4.2 - Additional Requirements for Email Messages Sent to Wireless Devices

4.2.4.3 - Commercial Email Messages Sent on Behalf of ISEs

4.2.5 - Unsolicited Faxes

4.2.6 - Telephone Directory Listings

4.2.7 - Television and Radio Advertising

4.2.8 - Advertised Prices

4.3 - Online Conduct

4.3.1 - ISE Web Sites

4.3.2 - Global Prosperity Solutions Replicated Websites

4.3.3 - Team Websites

4.3.4 - Domain Names, email Addresses and Online Aliases

4.3.5 - Monetizing Websites

4.3.6 - Online Classifieds

4.3.7 - eBay / Online Auctions

4.3.8 - Online Retailing

4.3.9 - Banner Advertising

4.3.10 - Spam Linking

4.3.11 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)

4.3.12 - Sponsored Links / Pay-Per-Click (PPC) Ads

4.3.13 - Domain Names and Email Addresses

4.3.14 - Social Media

4.4 - Business Entities

4.4.1 - Removal of an Affiliated Party

4.4.2 - Changes to a Business Entity

4.5 - Change of Sponsor

4.5.1 - Termination and Re-application

4.5.2 - Waiver of Claims

4.6 - Unauthorized Claims and Actions

4.6.1 - Indemnification

4.6.2 - Product Claims

4.6.3 - Compensation Plan Claims

4.6.4 - Income Claims

4.7 - Repackaging and Re-labeling Prohibited

4.8 - Commercial Outlets

4.9 - Military Installations

4.10 - Trade Shows, Expositions and Other Sales Forums

4.11 - Conflicts of Interest

4.11.1 - Crossline Recruiting

4.11.2 - Nonsolicitation

4.11.3 - ISE Participation in Other Network Marketing Programs

4.11.4 - Confidential Information

4.12 - Targeting Other Direct Sellers

4.13 - Errors or Questions

4.14 - Governmental Approval or Endorsement

4.15 - Holding Applications or Orders

4.16 - Income Taxes

4.17 - Independent Contractor Status

4.18 - Insurance

4.19 - International Marketing

4.20 - Excess Inventory and Bonus Buying

4.21 - Adherence to Laws, Regulations and the Agreement

4.22 - One Global Prosperity Solutions Business Per ISE and Per Household

4.23 - Actions of Household Members or Affiliated Parties

4.24 - Requests for Records

4.25 - Roll-up of Marketing Organization

4.26 - Sale, Transfer or Assignment of Global Prosperity Solutions Business

4.27 - Separation of a Global Prosperity Solutions Business

4.28 - Sponsoring Online

4.29 - Succession

4.29.1 - Transfer Upon Death of an ISE

4.29.2 - Transfer Upon Incapacitation of an ISE

4.30 - Telemarketing Techniques

4.31 - Back Office Access

4.32 - Unauthorized Communication

SECTION 5 - RESPONSIBILITIES OF ISES

5.1 - Change of Address, Telephone, and E-Mail Addresses

5.2 - Continuing Development Obligations

5.2.1 - Ongoing Training

5.2.2 - Increased Training Responsibilities

5.2.3 - Ongoing Sales Responsibilities

5.3 - Nondisparagement

5.4 - Providing Documentation to Applicants

SECTION 6 - SALES REQUIREMENTS

6.1 - Product Sales

6.2 - No Territory Restrictions

6.3 - Sales Receipts

SECTION 7 - BONUSES AND COMMISSIONS

7.1 - Bonus and Commission Qualifications and Accrual

7.2 - Adjustment to Bonuses and Commissions

7.2.1 - Adjustments for Returned Products and Cancelled Services

7.2.2 - Tax Withholdings

7.3 - Reports

SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE

8.1 - Product Guarantee and Rescission

8.2 - Rescission

8.2.1 - Retail Customers

8.2.2 - Preferred Customers

8.2.3 - Informing Customers

8.3 - Return of Inventory and Sales Aids by ISEs Upon Termination

8.3.1      Montana Residents

8.4 - Procedures for All Returns

SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

9.1 - Disciplinary Sanctions

9.2 - Grievances and Complaints

9.3 - Arbitration

9.4 - Governing Law, Jurisdiction, and Venue

9.4.1 - Louisiana Residents

SECTION 10 - PAYMENTS

10.1 - Returned Checks

10.2 - Restrictions on Third Party Use of Credit Cards and Bank Account Access

10.3 - Sales Taxes

SECTION 11 - INACTIVITY AND TERMINATION

11.1 - Effect of Termination

11.2 - Termination Due to Inactivity

11.2.1 - Failure to Pay Website Fees

11.3 - Involuntary Termination

11.4 - Voluntary Termination

11.5 - Non-renewal

11.6 - Exceptions to Activity Requirements

11.6.1 - Maternity

11.6.2 - Military Deployment

SECTION 12 - DEFINITIONS

 

 

 

SECTION 1 - MISSION STATEMENT


 

MISSION STATEMENT

 

Our mission is to take social media and network marketing and infuse the two (2) concepts together to create a whole new business concept called social marketing.  This new Era in business will empower our social entrepreneurs to create wealth and social change by introducing our new Iconic brand called XORB premium to the market place.


 SECTION 2 - INTRODUCTION

 

2.1 - Purpose of the ISE Agreement and the Policies and Procedures

The purposes of the Independent Social Entrepreneur (hereinafter “ISE”) Agreement and the Policies and Procedures include the following:

 

v    To assist ISEs in building and protecting their businesses;

v    To protect Global Prosperity Solutions and its ISEs from legal and regulatory risks;

v    To establish standards of acceptable behavior;

v    To set forth the rights, privileges, and obligations of Global Prosperity Solutions and its ISEs; and

v    To define the relationship between Global Prosperity Solutions and its ISEs.

 

2.2 - Policies and Procedures Incorporated into ISE Agreement

These Policies and Procedures, in their present form and as amended by Global Prosperity Solutions, LLC (hereafter “Global Prosperity Solutions” or the “Company”), are incorporated into, and form an integral part of, the Global Prosperity Solutions ISE Application and Agreement (“ISE Agreement”).  It is the responsibility of each ISE to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures.  Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Global Prosperity Solutions ISE Application and Agreement (including the Terms and Conditions), these Policies and Procedures, and the Global Prosperity Solutions Business Entity Addendum (if applicable).  These documents are incorporated by reference into the Global Prosperity Solutions ISE Agreement (all in their current form and as amended by Global Prosperity Solutions). 

 

2.3 - Changes to the Agreement

Global Prosperity Solutions reserves the right to amend the Agreement, the Compensation Plan, and its prices in its sole and absolute discretion.  By executing the ISE Agreement, an ISE agrees to abide by all amendments or modifications that Global Prosperity Solutions elects to make.  Amendments shall be effective thirty (30) days after publication of notice that the Agreement has been modified.  Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.  Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) posting in ISEs’ back-offices; (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings.  The continuation of an ISE’s Global Prosperity Solutions business, the acceptance of any benefits under the Agreement, or an ISE’s acceptance of bonuses or commissions constitutes acceptance of all amendments.

 

2.4 - Policies and Provisions Severable

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect.  The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

 

2.5 - Waiver

The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business.  No failure of Global Prosperity Solutions to exercise any right or power under the Agreement or to insist upon strict compliance by an ISE with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Global Prosperity Solutions’ right to demand exact compliance with the Agreement.  The existence of any claim or cause of action of an ISE against Global Prosperity Solutions shall not constitute a defense to Global Prosperity Solutions’ enforcement of any term or provision of the Agreement.

 

2.6 - Company Use of Information

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

 

SECTION 3 -   BECOMING AN ISE

 

3.1 -  Requirements to Become an ISE

To become a Global Prosperity Solutions ISE, each applicant must:

 

v    Be at least 18 years of age;

v    Reside in the United States or U.S. Territories or country that Global Prosperity Solutions has officially announced is open for business;

v    Provide Global Prosperity Solutions with his/her valid Social Security or Federal Tax ID number;

v    Purchase a Global Prosperity Solutions Business Kit (optional in North Dakota, Massachusetts and Wyoming for residents of those states); and

v    Submit a properly completed ISE Application and Agreement to Global Prosperity Solutions either in hard copy or online format.

 

Global Prosperity Solutions reserves the right to accept or reject any ISE Application and Agreement for any reason or for no reason.

 

3.2 -  Business Kit and Product Purchases

With the exception of a Business Kit, no person is required to purchase Global Prosperity Solutions products, services or sales aids, or to pay any charge or fee to become an ISE.  In order to familiarize new ISEs with Global Prosperity Solutions products, services, sales techniques, sales aids, and other matters, the Company requires that they purchase a Business Kit.  Global Prosperity Solutions will repurchase resalable kits from any ISE who terminates his or her ISE Agreement pursuant to the terms of Section 8.3.

 

3.3 - ISE Benefits

Once an ISE Application and Agreement has been accepted by Global Prosperity Solutions, the benefits of the Compensation Plan and the ISE Agreement are available to the new ISE.  These benefits include the right to:

 

v    Sell Global Prosperity Solutions products and services;

v    Participate in the Global Prosperity Solutions Compensation Plan (receive bonuses and commissions, if eligible);

v    Sponsor other individuals as Customers or ISEs into the Global Prosperity Solutions business and thereby, build a marketing organization and progress through the Global Prosperity Solutions Compensation Plan;

v    Receive periodic Global Prosperity Solutions literature and other Global Prosperity Solutions communications;

v    Participate in Global Prosperity Solutions-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and

v    Participate in promotional and incentive contests and programs sponsored by Global Prosperity Solutions for its ISEs.

 

3.4 - Term of Your Global Prosperity Solutions Business

           The term of the ISE Agreement is month-to-month, and is automatically renewed upon the payment of the monthly ISE website fee.  Should an ISE fail to pay his/her monthly website fee, the ISE’s business will be put on suspension will not be eligible for commissions or bonuses for that month until all past-due website fees are paid.  If the ISE fails to pay his/her website fee for three consecutive months, the ISE’s Agreement shall be permanently terminated.  Global Prosperity Solutions shall have the right in its sole and absolute discretion not to accept the Agreement or any renewal of it.

SECTION 4 - OPERATING A GLOBAL PROSPERITY SOLUTIONS BUSINESS

 

4.1 - Adherence to the Global Prosperity Solutions Compensation Plan

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

 

4.2 - Advertising

4.2.1 - General

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

 

To promote both the products and services, and the tremendous opportunity Global Prosperity Solutions offers, ISEs should use the sales aids, business tools, and support materials produced by Global Prosperity Solutions.  The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.

 

Accordingly, ISEs may only advertise or promote their Global Prosperity Solutions business using approved tools, templates or images acquired through Global Prosperity Solutions. No approval is necessary to use these approved tools. If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the Global Prosperity Solutions Compliance Department (approvals@wergps,com) for consideration and inclusion in the template/image library. Unless you receive specific written approval from Global Prosperity Solutions to use such tools, the request shall be deemed denied.  Go to the Template Library tab in your back office for guidelines and to access the library.

 

4.2.2 - Trademarks and Copyrights

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

 

The content of all Company sponsored events is copyrighted material.  ISEs may not produce for sale or distribution any recorded Company events and speeches without written permission from Global Prosperity Solutions, nor may ISEs reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.

 

As an independent ISE, you may use the Global Prosperity Solutions name in the following manner

 

ISE’s Name

Independent Global Prosperity Solutions ISE

 

Example:                                                                                                                                 

Alice Smith                                                                                                                  

Independent Global Prosperity Solutions ISE

 

or

 

Alice Smith

Global Prosperity Solutions

ISE

 

ISEs may not use the name Global Prosperity Solutions in any form in your team name, a tagline, an external website name, your personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Independent Global Prosperity Solutions ISE in your phone greeting or on your answering machine to clearly separate your independent Global Prosperity Solutions business from Global Prosperity Solutions, LLC. For example, you may not secure the domain name www.buyGlobal Prosperity Solutions.com, nor may you create an email address such as GlobalProsperity Solutionssales@hotmail.com.

 

4.2.2.1 - Independent Global Prosperity Solutions ISE Logo

If you use a Global Prosperity Solutions logo in any communication, you must use the ISE version of the Global Prosperity Solutions logo. Using any other Global Prosperity Solutions logo requires written approval. Please see the example below:

                                           

Logo Approved for ISE Use

                   

 

4.2.3 - Media and Media Inquiries

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

 

4.2.4 -  Unsolicited Email

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

 

4.2.4.1 -  Requirements for All Commercial Email Messages

The Mailing List

 

v    The mailing list may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you. 

v    The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).

v    You must “scrub” the mailing list against available “do not e-mail” list at the last possible, commercially reasonable moment before the e-mail is sent.

 

The E-mail Message

 

v    The message must include complete and accurate transmission and header information.

v    The “From” line must identify your business as the sender.  This does not have to include your business’s formal name, if any.  For example, it may contain your business’s name, trade name, or product or service name.  The key requirement is that the “From” line provide the recipient with enough information to understand who is sending the message.

v    The “Subject” line must accurately describe the message’s content.

v    The message must clearly include the business’s valid, current physical postal address.  This address can be a:

o   street address;

o   post office box that the business has accurately registered with the US Postal Service; or

o   private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.

v    The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.

v    There must be a functioning return email address to the sender.

v    The use of deceptive subject lines and/or false header information is prohibited.

 

The Opt-out Mechanism

 

v    The message must clearly explain that the recipient may opt out of receiving future commercial messages from the business.

v    The message must include either an e-mail address or other online mechanism that the recipient may use for this opt out.  The mechanism must not require the recipient to:

o   do anything more than reply to the e-mail or visit a single web page to opt out;

o   make any payment or submit any personal information, including account information (other than e-mail address), to opt out; and

o   the opt-out mechanism must work for at least 30 days after the e-mail is sent.

v    You must ensure that the explanation of how a recipient can opt out is easy to read and understand.

v    You may include a menu of opt-out options that permit the recipient to select the types of commercial messages the recipient would like to continue receiving.  However, one option must permit opting out of all commercial messages from you.

v    You must honor all opt-out requests within ten business days.

v    Opt-out requests do not expire.  An opt-out is overridden only by the recipient’s subsequent express (opt in) request to receive commercial e-mail.

v    All opt-out requests, whether received by email or regular mail, must be honored.  If you receive an opt-out request from a recipient of an email, you must forward the opt-out request to the Company.

v    You may not sell, share or use a business’s opt-out list for any reason other than to comply with the law.

 

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

 

v    Establish e-mail accounts with several major private e-mail account providers (for example, Gmail, Yahoo, Hotmail, AOL, and so on) and add these e-mail addresses to the business’s mailing list.  For each e-mail address created for monitoring purposes, use the business’s opt-out mechanism to remove the e-mail address from the mailing list.

v    Repeat this procedure on a regular basis (for example, at least every two weeks).

v    Examine the e-mail received by the monitoring e-mail account to confirm that the:  the opt-out mechanism works; the opt-out request is honored within 10 business days; and the monitoring e-mail account no longer receives commercial messages from the business.

v    If the monitoring and testing process reveals problems, the business should immediately fix the issues.

 

Third-party Marketing Affiliates or Service Providers - When using third-party service providers, including affiliate marketers you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the CAN-SPAM Act and includes appropriate and adequate remedies for noncompliance.

 

4.2.4.2 -  Additional Requirements for Email Messages Sent to Wireless Devices

When sending commercial messages to wireless devices:

 

v    Ensure that you have the recipient’s prior, affirmative consent (opt in) to send the commercial message. The consent can be oral, written or electronic.

v    Ask for consent in a way that involves no cost to the recipient, for example:

o   do not send the request to the wireless device; and

o   allow the recipient to respond in a way that involves no cost (such as an online, e-mail or postal mail sign-up).

v    When seeking consent, make it clear that the recipient:

o   is agreeing to receive commercial e-mail on his wireless device;

o   may be charged to receive the e-mail; and

o   can revoke his consent at any time.

 

4.2.4.3 -  Commercial Email Messages Sent on Behalf of ISEs

The Global Prosperity Solutions may periodically send commercial emails on behalf of ISEs.  By entering into the ISE Agreement, ISE agrees that the Company may send such emails and that the ISE’s physical and email addresses will be included in such emails as outlined above.  ISEs shall honor opt-out requests generated as a result of such emails sent by the Company.

 

4.2.5 - Unsolicited Faxes

Except as provided in this section, ISEs may not use or transmit unsolicited faxes in connection with their Global Prosperity Solutions business.  The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Global Prosperity Solutions, its products, its compensation plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the ISE has an established business or personal relationship.  The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an ISE and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such ISE; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party. 

 

4.2.6 - Telephone Directory Listings

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

   

ISE's Name

Independent Global Prosperity Solutions ISE

 

4.2.7 - Television and Radio Advertising

ISEs may not advertise on television and radio except with Global Prosperity Solutions’ express written approval.

 

4.2.8 - Advertised Prices

ISEs may not create their own marketing or advertising material offering any Global Prosperity Solutions products at a price less than the current Autoship price plus shipping and applicable taxes.

 

4.3 -  Online Conduct

4.3.1 - ISE Web Sites

ISEs are provided with a replicated website by Global Prosperity Solutions, from which they can take orders, enroll new Customers and ISEs, place Customers on the Autoship Program, as well as manage their Global Prosperity Solutions business.  ISEs may use only replicated websites provided by Global Prosperity Solutions to promote their Global Prosperity Solutions business, and may not create their own websites to directly or indirectly promote Global Prosperity Solutions’ products, services, or the Global Prosperity Solutions opportunity.

 

4.3.2 - Global Prosperity Solutions Replicated Websites

As part of the month ISE fee, ISEs receive a Global Prosperity Solutions Replicated Website subscription to facilitate online buying experience for their Customers and enrollments for prospective Customers and ISEs.  ISEs are solely responsible and liable for the content they add to their Replicated Website and must regularly review the content to ensure it is accurate and relevant.

 

ISEs may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-Global Prosperity Solutions products, services or income opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:

 

v    The Global Prosperity Solutions ISE Logo

v    Your Name

v    Global Prosperity Solutions Corporate Website Redirect Button

v    Artwork, logos, or graphics

v    Original text.

Because Replicated Websites reside on the Global Prosperity Solutions.com domain, Global Prosperity Solutions reserves the right to receive analytics and information regarding the usage of your website.

 

By default, your Global Prosperity Solutions Replicated Website URL is www.username.gpsandyou.com/<ISEID#>. You must change this default ID and choose a uniquely identifiable website name that cannot:

 

v    Be confused with other portions of the Global Prosperity Solutions corporate website;

v    Confuse a reasonable person into thinking they have landed on a Global Prosperity Solutions corporate page;

v    Be confused with any Global Prosperity Solutions name;

v    Contain any discourteous, misleading, or off-color words or phrases that may damage Global Prosperity Solutions’ image.

4.3.3 -  Team Websites

ISEs who have achieved the rank of Emerald or higher may create their own Team Website.  You may use team websites for the purposes of connecting, communicating, training, education and sharing best practices among team members.  Because these sites may contain sensitive and Company-specific information, these team websites must be password protected and may only be shared with members of your downline.

 

An eligible ISE who wants to develop his or her own Team Website must submit a properly completed Team Website Registration Application and Agreement along with the proper website registration fee and receive the Company’s prior written approval before the website goes live and is visible to any third party.  Once a Team Website is approved by Global Prosperity Solutions in writing, it is a “Registered Team Website.”  Any changes to the Registered Team Website must be submitted to Global Prosperity Solutions, and the ISE must receive Global Prosperity Solutions’ written authorization to make the change before going live with the change.  ISEs who own or operate a Registered Team Website must provide Global Prosperity Solutions with a user ID and password to be able to access the website from time to time.  Registered Team Websites must comply with the terms of Global Prosperity Solutions’ Policies and Procedures and applicable laws. 

 

4.3.4 - Domain Names, email Addresses and Online Aliases

You are not allowed to use or register Global Prosperity Solutions or any of Global Prosperity Solutions’ trademarks, product names, or any derivatives, for any Internet domain name, email address, or online aliases. Additionally, you cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Global Prosperity Solutions. Examples of the improper use of Global Prosperity Solutions include, but are not limited to any form of Global Prosperity Solutions showing up as the sender of an email or examples such as:

 

www.MyGlobalProsperitySolutionsBiz.com www.GlobalProsperitySolutionsDreamTeam.com

www.ISellGlobal ProsperitySolutions.com www.GlobalProsperitySolutionsbyJaneDoe.com

www.GlobalProsperitySolutionsMoney.net www.JanesGlobalProsperitySolutionsOpportunity.net

 

4.3.5 - Monetizing Websites

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

 

4.3.6 - Online Classifieds

You may not use online classifieds (including Craigslist) to list, sell or retail specific Global Prosperity Solutions products or product bundles. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the Global Prosperity Solutions income opportunity, provided Global Prosperity Solutions-approved templates/images are used. These templates will identify you as an Independent Global Prosperity Solutions ISE. If a link or URL is provided, it must link to your Replicated Website.

 

4.3.7 - eBay / Online Auctions

Global Prosperity Solutions’ products and services may not be listed on eBay or other online auctions, nor may ISEs enlist or knowingly allow a third party to sell Global Prosperity Solutions products on eBay or other online auction.  An ISE who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Global Prosperity Solutions products on eBay or any other online auctions must immediately discontinue all sales to the third party.

 

 

 

4.3.8 - Online Retailing

ISEs may not list or sell Global Prosperity Solutions products on any online retail store or ecommerce site (such as Amazon), nor may you enlist or knowingly allow a third party to sell Global Prosperity Solutions products on any online retail store or ecommerce site.  An ISE who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Global Prosperity Solutions products on any online retail store or ecommerce site must immediately discontinue all sales to the third party.

 

4.3.9 - Banner Advertising

You may place banner advertisements on a website provided you use Global Prosperity Solutions-approved templates and images.  All banner advertisements must link to your Replicated Website. ISEs may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with Global Prosperity Solutions products or the Global Prosperity Solutions opportunity.

 

4.3.10 - Spam Linking

Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.

 

4.3.11 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)

ISEs may upload, submit or publish Global Prosperity Solutions-related video, audio or photo content that they develop and create so long as it aligns with Global Prosperity Solutions’ values, contributes to the Global Prosperity Solutions community greater good, and is in compliance with Global Prosperity Solutions’ Policies and Procedures. All submissions must clearly identify you as an Independent Global Prosperity Solutions ISE in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. ISEs may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Global Prosperity Solutions or captured at official Global Prosperity Solutions events or in buildings owned, leased, or operated by Global Prosperity Solutions without prior written permission from Global Prosperity Solutions.

 

4.3.12 -  Sponsored Links / Pay-Per-Click (PPC) Ads

Except as prohibited elsewhere within the Policies and Procedures, sponsored links or pay-per-click ads (PPC) are acceptable.  The destination URL must be to the sponsoring ISE’s Replicated Website. The display URL must also be to the sponsoring ISE’s Replicated Website, and must not portray any URL that could lead the user to believe they are being directed to a Global Prosperity Solutions Corporate site, or be inappropriate or misleading in any way.

 

4.3.13 - Domain Names and Email Addresses

Except as set forth in the ISE Website Application and Agreement, ISEs may not use or attempt to register any of Global Prosperity Solutions’ trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.

 

4.3.14 -  Social Media

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

 

v    No product sales or enrollments may occur on any social media site.  To generate sales, a social media site must link only to your Global Prosperity Solutions Replicated Website. 

v    It is your responsibility to follow the social media site’s terms of use.  If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s terms of use.

v    Any social media site that is directly or indirectly operated or controlled by an ISE that is used to discuss or promote Global Prosperity Solutions’ products or the Global Prosperity Solutions opportunity may not link to any website, social media site, or site of any other nature, other than the ISE’s Global Prosperity Solutions replicated website.

v    During the term of this Agreement and for a period of 12 calendar months thereafter, an ISE may not use any social media site on which they discuss or promote, or have discussed or promoted, the Global Prosperity Solutions business or Global Prosperity Solutions’ products to directly or indirectly solicit Global Prosperity Solutions ISEs for another direct selling or network marketing program (collectively, “direct selling”).  In furtherance of this provision, an ISE shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other ISEs relating to the ISE’s other direct selling business activities.  Violation of this provision shall constitute a violation of the non-solicitation provision in Section 4.11 (Conflicts of Interest) below.

v    An ISE may post or “pin” photographs of Global Prosperity Solutions products on a social media site, but only photos that are provided by Global Prosperity Solutions and downloaded from the ISE’s Back-Office may be used. 

 

If an ISE creates a business profile page on any social media site that promotes or relates to Global Prosperity Solutions, its products, or opportunity, the business profile page must relate exclusively to the ISE’s Global Prosperity Solutions business and Global Prosperity Solutions products.  If the ISE’s Global Prosperity Solutions business is cancelled for any reason or if the ISE becomes inactive, the ISE must deactivate the business profile page.

 

4.4 - Business Entities

A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Global Prosperity Solutions ISE by submitting an ISE Application and Agreement along with a properly completed Business Entity Registration Form and a properly completed IRS Form W-9.  The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Global Prosperity Solutions, compliance with the Global Prosperity Solutions Policies and Procedures, the Global Prosperity Solutions ISE Agreement, and other obligations to Global Prosperity Solutions. 

 

4.4.1 - Removal of an Affiliated Party

To prevent the circumvention of Sections 4.26 (Sale, Transfer or Assignment of Global Prosperity Solutions Business) and 4.5, (Change of Sponsor), if any Affiliated Party wants to terminate his or her relationship with the Business Entity or Global Prosperity Solutions, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify Global Prosperity Solutions in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 4.26 (Sale, Transfer or Assignment of Global Prosperity Solutions Business).  In addition, the Affiliated Party foregoing their interest in the Business Entity may not participate in any other Global Prosperity Solutions business for six consecutive calendar months in accordance with Section 4.5.1 (Termination and Re-application).   If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of Section 4.26 (Sale, Transfer or Assignment of Global Prosperity Solutions Business).  

 

The modifications permitted within the scope of this paragraph do not include a change of sponsorship.  Changes of sponsorship are addressed in Section 4.5 (Change of Sponsor), below.  There is a $25.00 fee for each change requested, which must be included with the written request and the completed ISE Application and Agreement.  Global Prosperity Solutions may, at its discretion, require notarized documents before implementing any changes to a Global Prosperity Solutions business.  Please allow thirty (30) days after the receipt of the request by Global Prosperity Solutions for processing. 

 

4.4.2 - Changes to a Business Entity

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

    

4.5 - Change of Sponsor

Global Prosperity Solutions prohibits changes in sponsorship.  Accordingly, the transfer of a Global Prosperity Solutions business from one sponsor to another is not permitted.  In order to protect all Sponsors, no ISE may interfere with the relationship between another ISE and his or her Sponsor in any way.  An ISE may not offer, entice, encourage, solicit, recruit, or otherwise influence or attempt to persuade another ISE to change his or her Sponsor or line of sponsorship, either directly or indirectly.

 

4.5.1 -  Termination and Re-application

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

 

4.5.2 -  Waiver of Claims

In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an ISE, Global Prosperity Solutions reserves the sole and exclusive right to determine the final disposition of the downline organization.  Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult.  Therefore, ISES WAIVE ANY AND ALL CLAIMS AGAINST GLOBAL PROSPERITY SOLUTIONS, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM GLOBAL PROSPERITY SOLUTIONS’ DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP. 

 

4.6 - Unauthorized Claims and Actions

4.6.1 - Indemnification

An ISE is fully responsible for all of his or her verbal and written statements made regarding Global Prosperity Solutions products, services, and the Compensation Plan that are not expressly contained in official Global Prosperity Solutions materials.  This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication.  ISEs agree to indemnify Global Prosperity Solutions and Global Prosperity Solutions’ directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Global Prosperity Solutions as a result of the ISE’s unauthorized representations or actions.  This provision shall survive the termination of the ISE Agreement.

 

4.6.2 - Product Claims

No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Global Prosperity Solutions may be made except those contained in official Global Prosperity Solutions literature.  In particular, no ISE may make any claim that Global Prosperity Solutions products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases or symptoms of diseases.  Such statements can be perceived as drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the ISE Agreement, they also violate the laws and regulations of the United States and other jurisdictions.

 

4.6.3 - Compensation Plan Claims

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

 

v    It’s a turnkey system;

v    The system will do the work for you;

v    Just get in and your downline will build through spillover;

v    Just join and I’ll build your downline for you;

v    The company does all the work for you;

v    You don’t have to sell anything; or

v    All you have to do is buy your products every month.

 

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

 

4.6.4 - Income Claims

Because Global Prosperity Solutions ISEs do not have the data necessary to comply with the legal requirements for making income claims, an ISE, when presenting or discussing the Global Prosperity Solutions opportunity or Compensation Plan to a prospective ISE, may not make income projections, income claims, or disclose his or her Global Prosperity Solutions income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records).

 

4.7 -  Repackaging and Re-labeling Prohibited

Global Prosperity Solutions products may only be sold in their original packaging.  ISEs may not repackage, re-label, or alter the labels on Global Prosperity Solutions products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. ISEs may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.

 

4.8 - Commercial Outlets

ISEs may not sell Global Prosperity Solutions products from a commercial outlet, nor may ISEs display or sell Global Prosperity Solutions products or literature in any retail or service establishment.  Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell Global Prosperity Solutions products. 

 

4.9 - Military Installations

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

 

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

 

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

 

v    Solicitation during enlistment or induction processing or during basic combat training, and within the first half of the one station unit training cycle.

v    Solicitation of “mass,” “group,” or “captive” audiences.

v    Making appointments with or soliciting military personnel during their normally-scheduled duty hours.

v    Soliciting without an appointment in areas used for housing or processing transient personnel, or soliciting in barracks areas used as quarters.

v    Use of official military identification cards or vehicle decals by active duty, retired, or reserve members of the military services to gain access to Army installations for the purpose of soliciting.  (When entering the installation for the purpose of solicitation, ISEs with military identification cards and/or installation vehicle decals must present documentation issued by the installation authorizing solicitations.)

v    Offering rebates to promote transaction or to eliminate competition.

v    Any oral or written representations which suggest or appear that the military branch sponsors or endorses the Company or its ISEs, or the goods, services, and commodities offered for sale.

v    The designation of any agent or the use by any agent of titles (for example, “Battalion Insurance Counselor,” “Unit Insurance Advisor,” “Servicemen’s Group Life Insurance Conversion Consultant”) that in any manner states or implies any type of endorsement from the U.S. Government, the Armed Forces, or any State or Federal agency or Government entity.

v    Entry into any unauthorized or restricted area.

v    Distribution of literature other than to the person being interviewed.

v    Contacting military personnel by calling a Government telephone, faxing to a Government fax machine, or sending e-mail to a Government computer, unless a pre-existing relation (that is, the military member is a current client or requested to be contacted) exists between the parties and the military member has not asked for the contact to be terminated.

v    Soliciting door to door or without an appointment.

 

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

 

4.10 - Trade Shows, Expositions and Other Sales Forums

ISEs may display and/or sell Global Prosperity Solutions products at trade shows and professional expositions.  Before submitting a deposit to the event promoter, ISEs must contact the ISE Services department in writing at approvals@wergps.com for conditional approval, as Global Prosperity Solutions’ policy is to authorize only two Global Prosperity Solutions businesses per event.   Final approval will be granted to the first ISE who submits an official advertisement of the event, a copy of the contract signed by both the ISE and the event official, and a receipt indicating that a deposit for the booth has been paid.  Approval is given only for the event specified.  Any requests to participate in future events must again be submitted to the ISE Services Department.  Global Prosperity Solutions further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the Global Prosperity Solutions opportunity. 

 

4.11 - Conflicts of Interest

 

4.11.1 - Crossline Recruiting

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

 

           For the purposes of this Section 4.11.1, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, another Global Prosperity Solutions ISE or Customer to enroll, join, or otherwise participate in another Global Prosperity Solutions marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.

 

4.11.2 - Nonsolicitation

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

 

 For the purposes of this Section 4.11.2, the term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way (either directly, indirectly, or through a third party) another Global Prosperity Solutions ISE or Customer to:  (1) enroll, join, or otherwise participate in another network marketing business; or (2) terminate or alter his or her business orcontractual relationship with the Global Prosperity Solutions.  The term “recruit” also includes the above activities in the event that the ISE’s actions are in response to an inquiry made by another ISE or Customer.

 

4.11.3 - ISE Participation in Other Network Marketing Programs

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

 

v    ISEs must not sell, or attempt to sell, any competing non-Global Prosperity Solutions programs, products or services to Global Prosperity Solutions Customers or ISEs.  Any program, product or services in the same generic categories as Global Prosperity Solutions products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.  This provision does not apply where professional services are the primary source of revenues and the product sales are secondary to the provision of such services (e.g., physician’s offices, health clinics, health clubs, gyms, spas or beauty salons).   However, an ISE may sell non-competing products or services to Global Prosperity Solutions Customers or ISEs who are personally-sponsored.     

v    ISEs shall not display Global Prosperity Solutions promotional material, sales aids, products or services with or in the same location as, any non-Global Prosperity Solutions promotional material or sales aids, products or services. 

v    ISEs shall not offer the Global Prosperity Solutions opportunity, products or services to prospective or existing Customers or ISEs in conjunction with any non-Global Prosperity Solutions program, opportunity, product or service. 

v    ISEs may not offer any non-Global Prosperity Solutions opportunity, products, services or opportunity at any Global Prosperity Solutions-related meeting, seminar, convention, webinar, teleconference, or other function.

 

4.11.4 - Confidential Information

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

 

To protect the Confidential Information, ISEs shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:

 

v    Directly or indirectly disclose any Confidential Information to any third party;

v    Directly or indirectly disclose the password or other access code to his or her back-office;

v    Use any Confidential Information to compete with Global Prosperity Solutions or for any purpose other than promoting his or her Global Prosperity Solutions business; 

v    Recruit or solicit any ISE or Customer of Global Prosperity Solutions listed on any report or in the ISE’s back-office, or in any manner attempt to influence or induce any ISE or Customer of Global Prosperity Solutions, to alter their business relationship with Global Prosperity Solutions; or

v    Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.

 

The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether an ISE’s Agreement has been terminated, or whether the ISE is or is not otherwise affiliated with the Global Prosperity Solutions.  Upon nonrenewal or termination of the Agreement, ISEs must immediately discontinue all use of the ConfidentialInformation and if requested by the Global Prosperity Solutions promptly return all materials in their possession to the Global Prosperity Solutions within five (5) business days of request at their own expense.

 

4.12 - Targeting Other Direct Sellers

Global Prosperity Solutions does not condone ISEs specifically or consciously targeting the sales force of another direct sales company to sell Global Prosperity Solutions products or to become ISEs for Global Prosperity Solutions, nor does Global Prosperity Solutions condone ISEs solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company.  Should ISEs engage in such activity, they bear the risk of being sued by the other direct sales company.  If any lawsuit, arbitration or mediation is brought against an ISE alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Global Prosperity Solutions will not pay any of the ISE’s defense costs or legal fees, nor will Global Prosperity Solutions indemnify the ISE for any judgment, award, or settlement.  

 

4.13 - Errors or Questions

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

 

4.14 - Governmental Approval or Endorsement

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

 

4.15 - Holding Applications or Orders

ISEs must not manipulate enrollments of new applicants and purchases of products.  All ISE Applications and Agreements, and product orders must be sent to Global Prosperity Solutions within 72 hours from the time they are signed by an ISE or placed by a Customer, respectively. 

 

4.16 - Income Taxes

Each ISE is responsible for paying local, state, and federal taxes on any income generated as an ISE.  Unfortunately, we cannot provide you with any personal tax advice.  Please consult your own tax accountant, tax attorney, or other tax professional.  If an ISE’s Global Prosperity Solutions business is tax exempt, the Federal tax identification number must be provided to Global Prosperity Solutions.  Every year, Global Prosperity Solutions will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: (1) Had earnings of over $600 in the previous calendar year; or (2) Made purchases during the previous calendar year in excess of $5,000.

 

4.17 - Independent Contractor Status

ISEs are independent contractors.  The agreement between Global Prosperity Solutions and its ISEs does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the ISE. ISEs shall not be treated as an employee for his or her services or for Federal or State tax purposes.  All ISEs are responsible for paying local, state, and federal taxes due from all compensation earned as an ISE of the Company.  The ISE has no authority (expressed or implied), to bind the Company to any obligation.  Each ISE shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the ISE Agreement, these Policies and Procedures, and applicable laws.

 

4.18 - Insurance

           You may wish to arrange insurance coverage for your business.  Your homeowner’s insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment.  Contact your insurance agent to make certain that your business property is protected.  This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present homeowner’s policy.

 

4.19 - International Marketing

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

 

4.20 - Excess Inventory and Bonus Buying

     ISEs must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other ISE to buy more products than they can reasonably use or sell to retail customers in a month.  In addition, bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by end user consumers.  Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.

 

4.21 - Adherence to Laws, Regulations and the Agreement

           ISEs must comply with all federal, state, and local laws, regulations, ordinances, codes, and the terms of the Agreement in the conduct of their businesses.  Many cities and counties have laws regulating certain home-based businesses.  In most cases these ordinances are not applicable to ISEs because of the nature of their business.  However, ISEs must obey those laws that do apply to them.  If a city or county official tells an ISE that an ordinance applies to him or her, the ISE shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Global Prosperity Solutions.  In addition, ISEs must not recommend, encourage or teach other ISEs to violate federal, state, or local laws, regulations, ordinances, codes, or the terms of the Agreement in the operation of their Global Prosperity Solutions business.

 

4.22 - One Global Prosperity Solutions Business Per ISE and Per Household

An ISE may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Global Prosperity Solutions business.  No individual may have, operate or receive compensation from more than one Global Prosperity Solutions business. 

 

Individuals of the same Household may maintain, own, and operate their own Global Prosperity Solutions Business.  A “Household” is defined as spouses and dependent adult children living at or doing business at the same address.  In the event that two members of the same Household elect to become ISEs at the same time, one must be enrolled by the other.  In the event that more than two members of the same Household elect to become ISEs at the same time, they must elect one Household member to enroll the others.  In the event that members of the same Household elect to become ISEs at different times, the Household member who joined Global Prosperity Solutions first must be the Sponsor for all other Household members. 

 

4.23 - Actions of Household Members or Affiliated Parties

If any member of an ISE’s immediate household engages in any activity which, if performed by the ISE, would violate any provision of the Agreement, such activity will be deemed a violation by the ISE and Global Prosperity Solutions may take disciplinary action pursuant to the these Policies and Procedures against the ISE.  Similarly, if any individual associated in any way with a corporation, partnership, limited liability company, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Global Prosperity Solutions may take disciplinary action against the Business Entity.  Likewise, if an ISE enrolls in Global Prosperity Solutions 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.

 

 

 

 

4.24 - Requests for Records

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

 

4.25 - Roll-up of Marketing Organization

 

When a vacancy occurs in a Marketing Organization due to the termination of a Global Prosperity Solutions business, each ISE in the first level immediately below the terminated ISE on the date of the termination will be moved to the first level (“front line”) of the terminated ISE’s sponsor.  For example, if A sponsors B, and B sponsors C1, C2, and C3, if B terminates her business, C1, C2, and C3 will “roll-up” to A and become part of A’s first level.

 

4.26 - Sale, Transfer or Assignment of Global Prosperity Solutions Business

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

 

v    The selling ISE must offer Global Prosperity Solutions the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer.  Global Prosperity Solutions shall have fifteen days from the date of receipt of the written offer from the seller to exercise its right of first refusal. 

v    The buyer or transferee must become a qualified Global Prosperity Solutions ISE.  If the buyer is an active Global Prosperity Solutions ISE, he or she must first terminate his or her Global Prosperity Solutions business and wait six calendar months before acquiring any interest in a different Global Prosperity Solutions business;

v    Before the sale, transfer or assignment can be finalized and approved by Global Prosperity Solutions, any debt obligations the selling party has with Global Prosperity Solutions must be satisfied.

v    The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a Global Prosperity Solutions business.

 

Prior to selling an independent Global Prosperity Solutions business or Business Entity interest, the selling ISE must notify Global Prosperity Solutions’ Compliance Department in writing and advise of his or her intent to sell his/her Global Prosperity Solutions business or Business Entity interest.  The selling ISE must also receive written approval from the Compliance Department before proceeding with the sale.  No changes in line of sponsorship can result from the sale or transfer of a Global Prosperity Solutions business.  In the event that an ISE transfers, assigns, or sells his or her Global Prosperity Solutions business without the express written approval of the Compliance Department, such transfer, assignment, or sale shall be voidable in the sole and absolute discretion of Global Prosperity Solutions.

 

4.27 - Separation of a Global Prosperity Solutions Business

Global Prosperity Solutions ISEs sometimes operate their Global Prosperity Solutions businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities.  At such time as a marriage may end in divorce or a corporation, limited liability company, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. 

 

During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:

 

v    One of the parties may, with consent of the other(s), operate the Global Prosperity Solutions business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Global Prosperity Solutions to deal directly and solely with the other spouse or non-relinquishing shareholder, member, partner, or trustee.

v    The parties may continue to operate the Global Prosperity Solutions business jointly on a “business-as-usual” basis, whereupon all compensation paid by Global Prosperity Solutions will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings.  This is the default procedure if the parties do not agree on the format set forth above.

 

     Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided.  Similarly, under no circumstances will Global Prosperity Solutions split commission and bonus checks between divorcing spouses or members of dissolving entities. Global Prosperity Solutions will recognize only one downline organization and will issue only one commission check per Global Prosperity Solutions business per commission cycle.  Commission checks shall always be issued to the same individual or entity. 

 

If a former spouse has completely relinquished all rights in the original Global Prosperity Solutions business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months.  In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an ISE.  In either case, the former spouse or business affiliate shall have no rights to any ISEs in their former organization or to any former Customer.  They must develop the new business in the same manner as would any other new ISE.

 

4.28 - Sponsoring Online

When sponsoring a new ISE through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials.  However, the applicant must personally review and agree to the online application and agreement, Global Prosperity Solutions’ Policies and Procedures, and the Global Prosperity Solutions Compensation Plan.  The sponsor may not fill out the online ISE Application and Agreement on behalf of the applicant and agree to these materials on behalf of the applicant.

 

4.29 - Succession

Upon the death or incapacitation of an ISE, his or her business may be passed to his or her heirs.  Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper.  Accordingly, an ISE should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument.  Whenever a Global Prosperity Solutions business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased ISE’s marketing organization provided the following qualifications are met.  The successor(s) must:

 

v    Execute an ISE Agreement;

v    Comply with terms and provisions of the Agreement;

v    Meet all of the qualifications for the deceased ISE’s status;

v    The devisee must provide Global Prosperity Solutions with an “address of record” to which all bonus and commission checks will be sent;

v    If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number. Global Prosperity Solutions will issue all bonus and commission checks and one 1099 to the business entity.

 

4.29.1 - Transfer Upon Death of an ISE

To effect a testamentary transfer of a Global Prosperity Solutions business, the executor of the estate must provide the following to Global Prosperity Solutions: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to Global Prosperity Solutions specifying to whom the business and income should be transferred.

 

4.29.2 - Transfer Upon Incapacitation of an ISE

To effectuate a transfer of a Global Prosperity Solutions business because of incapacity, the successor must provide the following to Global Prosperity Solutions: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the Global Prosperity Solutions business; and (3) a completed ISE Agreement executed by the trustee.

 

4.30 - Telemarketing Techniques  

The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices.  Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws.  Although Global Prosperity Solutions does not consider ISEs to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law.  Moreover, these regulations must not be taken lightly, as they carry significant penalties. 

 

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

 

v    If the ISE has an established business relationship with the prospect.  An “established business relationship” is a relationship between an ISE and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the ISE, or a financial transaction between the prospect and the ISE, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.     

v    The prospect’s personal inquiry or application regarding a product or service offered by the ISE, within the three (3) months immediately preceding the date of such a call. 

v    If the ISE receives written and signed permission from the prospect authorizing the ISE to call.  The authorization must specify the telephone number(s) which the ISE is authorized to call.      

v    You may call family members, personal friends, and acquaintances.  An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three months.  Bear in mind, however, that if you engage in “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption.  Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.

v    ISEs shall not use automatic telephone dialing systems or software relative to the operation of their Global Prosperity Solutions businesses.

v    ISEs shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a "robocall") regarding or relating to the Global Prosperity Solutions products, services or opportunity.

 

4.31 - Back Office Access

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

 

4.32 - Unauthorized Communication

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

 

 

 

SECTION 5 - RESPONSIBILITIES OF ISEs

 

5.1 - Change of Address, Telephone, and E-Mail Addresses

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

 

5.2 - Continuing Development Obligations

5.2.1 - Ongoing Training

Any ISE who sponsors another ISE into Global Prosperity Solutions must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Global Prosperity Solutions business.  ISEs must have ongoing contact and communication with the ISEs in their Downline Organizations.  Examples of such contact and communication may include, but are not limited to:  newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline ISEs to Global Prosperity Solutions meetings, training sessions, and other functions.  Upline ISEs are also responsible to motivate and train new ISEs in Global Prosperity Solutions product knowledge, effective sales techniques, the Global Prosperity Solutions Compensation Plan, and compliance with Company Policies and Procedures and applicable laws.  Communication with and the training of downline ISEs must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of ISE-produced sales aids and promotional materials).

 

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

 

5.2.2 - Increased Training Responsibilities

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

 

5.2.3 - Ongoing Sales Responsibilities

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

 

5.3 - Nondisparagement

Global Prosperity Solutions wants to provide its independent ISEs with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments.  All such comments should be submitted in writing to the ISE Services Department.  Remember, to best serve you, we must hear from you!  While Global Prosperity Solutions welcomes constructive input, negative comments and remarks made in the field by ISEs about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other Global Prosperity Solutions ISEs.  For this reason, and to set the proper example for their downline, ISEs must not disparage, demean, or make negative remarks about Global Prosperity Solutions, other Global Prosperity Solutions ISEs, Global Prosperity Solutions’ products, the Marketing and Compensation plan, or Global Prosperity Solutions’ directors, officers, or employees. 

 

5.4 - Providing Documentation to Applicants

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

 

SECTION 6 - SALES REQUIREMENTS

 

6.1 - Product Sales

The Global Prosperity Solutions Compensation Plan is based on the sale of Global Prosperity Solutions products and services to end consumers.  ISEs must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement as set forth in the Compensation Plan. 

 

6.2 - No Territory Restrictions

There are no exclusive territories granted to anyone. 

 

6.3 - Sales Receipts

All ISEs must provide their retail customers with two copies of an official Global Prosperity Solutions sales receipt at the time of the sale. These receipts set forth the Customer Satisfaction Guarantee as well as any consumer protection rights afforded by federal or state law.  ISEs must maintain all retail sales receipts for sales to their retail customers for a period of two years and furnish them to Global Prosperity Solutions at the Company’s request.  Records documenting the purchases of ISEs’ Direct and Preferred Customers will be maintained by Global Prosperity Solutions.

 

Remember that customers must receive two copies of the sales receipt.  In addition, ISEs must orally inform the buyer of his or her cancellation rights.

 

SECTION 7 - BONUSES AND COMMISSIONS

 

7.1 - Bonus and Commission Qualifications and Accrual

An ISE must be active and in compliance with the Agreement to qualify for bonuses and commissions.  So long as an ISE complies with the terms of the Agreement, Global Prosperity Solutions shall pay commissions to such ISE in accordance with the Marketing and Compensation plan.  The minimum amount for which Global Prosperity Solutions will issue a commission is based upon the transfer fees of the wallet company.  If an ISE’s bonuses and commissions do not equal or exceed the minimum amount, the Company will accrue the commissions and bonuses until they equal or exceed the minimum amount.  Payment will be issued once this amount has been accrued.  Notwithstanding the foregoing, all commissions owed an ISE, regardless of the amount accrued, will be paid at the end of each fiscal year or upon the termination of an ISE’s business.

 

7.2 - Adjustment to Bonuses and Commissions

7.2.1 - Adjustments for Returned Products and Cancelled Services

ISEs receive bonuses, commissions, or overrides based on the actual sales of products and services to end consumers.  When a service is cancelled or a product is returned to Global Prosperity Solutions for a refund or is repurchased by the Company, any of the following may occur at the Company’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the ISE and upline ISEs who received bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service, in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered; (2) the ISE or upline ISEs who earned bonuses, commissions, or overrides based on the sale of the returned product(s) or cancelled service will have the corresponding points deducted from their Group Volume in the next month and all subsequent months until it is completely recovered; or (3) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service may be deducted from any refunds or credits to the ISE who received the bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service. 

 

 

 

 

7.2.2 - Tax Withholdings

           If an ISE fails to provide his or her correct tax identification number, Global Prosperity Solutions will deduct the necessary withholdings from the ISE’s commission checks as required by law.

 

7.3 - Reports

All information provided by Global Prosperity Solutions in downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable.  Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by Global Prosperity Solutions or any persons creating or transmitting the information.

 

ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER.  IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON‑INFRINGEMENT.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GLOBAL PROSPERITY SOLUTIONS AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY ISE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF GLOBAL PROSPERITY SOLUTIONS OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL PROSPERITY SOLUTIONS OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

 

Access to and use of Global Prosperity Solutions’ online and telephone reporting services and your reliance upon such information is at your own risk.  All such information is provided to you "as is".  If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Global Prosperity Solutions’ online and telephone reporting services and your reliance upon the information.

 

SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE

 

8.1 - Product Guarantee and Rescission

Global Prosperity Solutions offers a 100% sixty (60) day money-back satisfaction guarantee (less shipping charges) to all Preferred Customers, and a 100% thirty (30) day money-back satisfaction guarantee (less shipping charges) to all retail customers and ISEs.  Products shipped directly to a Preferred Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company.  Every ISE is bound to honor the retail customer guarantee.  If, for any reason, a retail customer is dissatisfied with any Global Prosperity Solutions product or service, the retail customer may return the unused portion of the product to the ISE from whom it was purchased, within thirty (30) days, for a replacement, exchange or a full refund of the purchase price (less shipping costs).  This product satisfaction guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable.

If an ISE returns more than five hundred dollars ($500.00) for a refund in any 12 consecutive month period, the request will constitute the ISE’s voluntary termination of his/her ISE Agreement, and the refund will be processed as an inventory repurchase pursuant to Section 8.3, and the ISE’s Agreement will be terminated and his or her Global Prosperity Solutions business will be cancelled.

8.2 - Rescission

8.2.1 - Retail Customers

           Federal and state law requires that a retail customer who makes a purchase of $25.00 or more has three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt.  When an ISE makes a sale or takes an order from a retail customer who cancels or requests a refund within the three business day period, the ISE must promptly refund the customer's money as long as the products are returned to the ISE in substantially as good condition as when received (five business days for Alaska residents). 

 

 

 

8.2.2 - Preferred Customers

ISEs notify their Direct and Preferred Customers that they have three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered.  ISEs should also notify their Direct Customers and Preferred Customers about these time limits at the time they enroll as a Direct Customer or Preferred Customer and place their first order.  Products shipped directly to a Preferred or Direct Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. 

8.2.3 - Informing Customers

ISEs MUST verbally inform their customers (retail, Direct, and Preferred) of this right of rescission, they MUST provide their retail customers with TWO copies of a retail receipt at the time of the sale, and MUST point out this cancellation right stated on the receipt.  If a Customer places an order online, the Company will provide the Customer with the receipt.  ISEs must ensure that the date of the order or purchase is entered on the Retail Sales Receipt.  All retail customers must be provided with two copies of an official Global Prosperity Solutions Retail Sales Receipt at the time of the sale.  The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.

8.3 - Return of Inventory and Sales Aids by ISEs Upon Termination

Upon termination of an ISE’s Agreement, the ISE may return Business Kits, products, and sales aids that he or she personally purchased from Global Prosperity Solutions (purchases from other ISEs or third parties are not subject to refund) that are in Resalable (see Definition of “Resalable” below) condition and which have been purchased within one year prior to the date of termination.  Upon receipt of a Resalable Business Kit and/or Resalable products and sales aids, the ISE will be reimbursed 90% of the net cost of the original purchase price(s).  Neither shipping and handling charges incurred by an ISE when the Business Kit, products or sales aids were purchased, nor return shipping fees, will be refunded.  If the purchases were made through a credit card, the refund will be credited back to the same account.  If an ISE was paid a commission, rebate, or any other form of compensation based on a product(s) that he or she purchased, and such product(s) is/are subsequently returned for a refund, the commission, rebate, or any other form of compensation that was paid based on that product purchase will be deducted from the amount of the refund. 

 

Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: (1) they are unopened and unused; (2) packaging and labeling has not been altered or damaged; (3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; (4) they are still in Global Prosperity Solutions’ current inventory; (5) the expiration date(s) for any returned products has not passed; and (6) they are returned to Global Prosperity Solutions within one year from the date of purchase.  Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.  Replicated Website fees are not refundable except as required by applicable state law.

 

8.3.1      Montana Residents

A Montana resident may cancel his or her ISE Agreement within 15 days from the date of enrollment, and may return his or her Business Kit for a full refund within such time period.

 

8.4 - Procedures for All Returns

The following procedures apply to all returns for refund, repurchase, or exchange:

 

v    All items must be returned by the ISE or customer who purchased it directly from Global Prosperity Solutions.  

v    All items to be returned must have a Return Authorization Number which is obtained by calling the ISE Services Department.  This Return Authorization Number must be written on each carton returned.

v    The return is accompanied by:

o   The original packing slip with the completed (and signed Consumer Return information, if applicable);

o   The unused portion of the item(s) in its/their original container. 

v    Proper shipping carton(s) and packing materials are to be used in packaging the items(s) being returned, and the best and most economical means of shipping is suggested.  All returns must be shipped to Global Prosperity Solutions shipping pre-paid.  Global Prosperity Solutions does not accept shipping-collect packages.  The risk of loss in shipping for returned items shall be on the ISE.  If the returned items are not received by the Company’s Distribution Center, it is the responsibility of the ISE to trace the shipment. 

v    If an ISE is returning merchandise to Global Prosperity Solutions that was returned to him or her by a personal retail customer, the product must be received by Global Prosperity Solutions within ten (10) days from the date on which the retail customer returned the merchandise to the ISE, and must be accompanied by the sales receipt the ISE gave to the customer at the time of the sale.

 

No refund or replacement of any items will be made if the conditions of these rules are not met.

 

SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

 

9.1 - Disciplinary Sanctions

Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an ISE that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the ISE’s Global Prosperity Solutions business), may result, at Global Prosperity Solutions’ discretion, in one or more of the following corrective measures:

 

v    Issuance of a written warning or admonition;

v    Requiring the ISE to take immediate corrective measures;

v    Imposition of a fine, which may be withheld from bonus and commission checks;

v    Loss of rights to one or more bonus and commission checks;

v    Global Prosperity Solutions may withhold from an ISE all or part of the ISE’s bonuses and commissions during the period that Global Prosperity Solutions is investigating any conduct allegedly violative of the Agreement.  If an ISE’s business is canceled for disciplinary reasons, the ISE will not be entitled to recover any commissions withheld during the investigation period;

v    Suspension of the individual’s ISE Agreement for one or more pay periods;

v    Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of an ISE (which may subsequently be re-earned by the ISE);

v    Transfer or removal of some or all of an ISE’s downline ISEs from the offending ISE’s downline organization.

v    Involuntary termination of the offender’s ISE Agreement;

v    Suspension and/or termination of the offending ISE’s Global Prosperity Solutions website or website access;

v    Any other measure expressly allowed within any provision of the Agreement or which Global Prosperity Solutions deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the ISE’s policy violation or contractual breach;

v    In situations deemed appropriate by Global Prosperity Solutions, the Company may institute legal proceedings for monetary and/or equitable relief.

 

9.2 - Grievances and Complaints

When an ISE has a grievance or complaint with another ISE regarding any practice or conduct in relationship to their respective Global Prosperity Solutions businesses, the complaining ISE should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor.  If the matter involves interpretation or violation of Company policy, it must be reported in writing to the ISE Services Department at the Company.  The ISE Services Department will review the facts and attempt to resolve it. 

 

9.3 - Arbitration

If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration.  The Parties waive all rights to trial by jury or to any court.  The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS Endispute (“JAMS”) under their respective rules and procedures.  The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org.  The Streamlined Arbitration Rules & Proceduresare available on the JAMS website at www.jamsadr.com.  Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’sStreamlined Arbitration Rules & Procedures will also be emailed to ISEs upon request to Global Prosperity Solutions’ ISE Services Department.   

Notwithstanding the rules of the AAA or JAMS, the following shall apply to all Arbitration actions:

v    The Federal Rules of Evidence shall apply in all cases; 

v    The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;

v    The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;

v    The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days;

v    The Parties shall be allotted equal time to present their respective cases, including cross-examinations. 

All arbitration proceedings shall be held in New York, New York.  There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees.  The arbitration shall occur within 180 days from the date on which the arbitration is filed, and shall last no more than five business days.  The parties shall be allotted equal time to present their respective cases.  The decision of the arbitrator shall be final and binding on the parties and may if necessary, be reduced to a judgment in any court of competent jurisdiction.  This agreement to arbitrate shall survive the cancellation or termination of the Agreement. 

 

The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:

 

v    The substance of, or basis for, the controversy, dispute, or claim;

v    The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;

v    The terms or amount of any arbitration award;

v    The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.

 

Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect its intellectual property rights, and/or to enforce its rights under the non-solicitation provision of the Agreement.  

 

9.4 - Governing Law, Jurisdiction, and Venue

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

 

 

 

 

9.4.1 - Louisiana Residents

Notwithstanding the foregoing, and the arbitration provision in Section 9.4, residents of the State of Louisiana shall be entitled to bring an action against Global Prosperity Solutions in their home forum and pursuant to Louisiana law.  

SECTION 10 - PAYMENTS

 

10.1 - Returned Checks

All checks returned by an ISE’s bank for insufficient funds will be re-submitted for payment.  A $25.00 returned check fee will be charged to the account of the ISE.  After receiving a returned check from a customer or an ISE, all future orders must be paid by Credit Card, money order or cashier’s check.  Any outstanding balance owed to Global Prosperity Solutions by an ISE for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.

 

10.2 - Restrictions on Third Party Use of Credit Cards and Bank Account Access

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

 

10.3 - Sales Taxes

Global Prosperity Solutions is required to charge sales taxes on all purchases made by ISEs and Customers, and remit the taxes charged to the respective states.  Accordingly, Global Prosperity Solutions will collect and remit sales taxes on behalf of ISEs, based on the suggested retail price of the products, according to applicable tax rates in the state or province to which the shipment is destined.  If an ISE has submitted, and Global Prosperity Solutions has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the ISE (unless the state in question does not accept a Sales Tax Exemption Certificate and Sales Tax Registration License from a direct selling independent contractor). Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted.  Applicable sales taxes will be charged on orders that are drop-shipped to another state.  Any sales tax exemption accepted by Global Prosperity Solutions is not retroactive.

 

SECTION 11 - INACTIVITY AND TERMINATION

 

11.1 - Effect of Termination

So long as an ISE remains active and complies with the terms of the ISE Agreement and these Policies and Procedures, Global Prosperity Solutions shall pay commissions to such ISE in accordance with the Compensation Plan.  An ISE’s bonuses and commissions constitute the entire consideration for the ISE's efforts in generating sales and all activities related to generating sales (including building a downline organization).  Following an ISE’s non-renewal of his or her ISE Agreement, termination for inactivity, or voluntary or involuntary termination of his or her ISE Agreement (all of these methods are collectively referred to as “termination”), the former ISE shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization.  An ISE whose business is cancelled will lose all rights as an ISE.  This includes the right to sell Global Prosperity Solutions products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the ISE’s former downline sales organization.  In the event of termination, ISEs agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.

 

Following an ISE’s termination of his or her ISE Agreement, the former ISE shall not hold himself or herself out as a Global Prosperity Solutions ISE and shall not have the right to sell Global Prosperity Solutions products or services.  An ISE whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination).

 

11.2 - Termination Due to Inactivity

 

11.2.1 - Failure to Pay Website Fees

           If an ISE fails to pay his/her replicated website fees, he/she will be inactive and not eligible to earn commissions that month.  If replicated website fees are not paid for twelve (12) consecutive months, the ISE will be required to pay an annual renewal fee in the event that he or she wishes to reactivate his or her ISE status.

 

11.3 - Involuntary Termination

An ISE’s violation of any of the terms of the Agreement, including any amendments that may be made by Global Prosperity Solutions in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of his or her ISE Agreement. Termination shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the ISE’s last known address, email address, or fax number, or to his/her attorney, or when the ISE receives actual notice of termination, whichever occurs first.

 

Global Prosperity Solutions reserves the right to terminate all ISE Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.

 

11.4 - Voluntary Termination

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

 

11.5 - Non-renewal

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

 

11.6 - Exceptions to Activity Requirements

11.6.1 - Maternity

A pregnant ISE shall be exempt from meeting her Personal Volume and Group Volume requirements for a period of three months prior to and four (4) months following the birth of a child.  The ISE should notify the ISE Services Department to request a Maternity Waiver Form.

 

11.6.2 - Military Deployment

Military personnel shall be exempt from meeting their Personal Volume and Group Volume requirements for the duration of the deployment and three (3) full calendar months thereafter while deployed into a foreign country.  The ISE should notify the ISE Services Department to request a Deployment Waiver Form.

 

 

SECTION 12 - DEFINITIONS

 

Active Customer — A Preferred or Direct Customer who purchases Global Prosperity Solutions products or services during a particular month.

 

Active ISE — An ISE who satisfies the minimum Personal Sales Volume requirements, as set forth in the Global Prosperity Solutions Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.

 

Active Rank — The term “active rank” refers to the current rank of an ISE, as determined by the Global Prosperity Solutions Compensation Plan, for a particular pay period.  To be considered “active” relative to a particular rank, an ISE must meet the criteria set forth in the Global Prosperity Solutions Compensation Plan for his or her respective rank.  (See the definition of “Rank” below.)

 

Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.

 

Agreement - The contract between the Company and each ISE includes the ISE Application and Agreement Terms and Conditions, the Global Prosperity Solutions Policies and Procedures, the Global Prosperity Solutions Compensation Plan, and the Business Entity Addendum (where appropriate), all in their current form and as amended by Global Prosperity Solutions in its sole discretion.  These documents are collectively referred to as the “Agreement.”

 

Business Kit — A selection of Global Prosperity Solutions training materials and business support literature that each new Independent Marketing ISE is required to purchase. 

 

Cancel — The termination of an ISE’s business.  Termination may be either voluntary, involuntary, through non-renewal or inactivity.

 

Downline — Your downline (or downline organization) consists of the ISEs you personally enroll or sponsor (your first level ISEs), the ISEs that first level ISEs enroll or sponsor, as well as the ISEs that are subsequently enrolled or sponsored beneath them.

 

 

Downline Leg — Each one of the individuals personally enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.

 

Enroll — The act of introducing a prospective ISE to Global Prosperity Solutions and assisting them to execute an ISE Application and Agreement and thereby become a Global Prosperity Solutions ISE.  (Also see the definition of “Sponsor.”)  These activities are called “enrolling.”

 

Enroller  — The person who enrolls a prospective ISE into Global Prosperity Solutions.

 

Group Volume — The commissionable value of services and products purchased by the Customers and ISEs in the downline of a particular ISE. 

 

Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.

 

Level — The layers of downline Customers and ISEs in a particular ISE’s downline.  This term refers to the relationship of an ISE relative to a particular upline ISE, determined by the number of ISEs between them who are related by sponsorship.  For example, if A enrolls B, who enrolls C, who enrolls D, who enrolls E, then E is on A’s fourth level.

 

Official Global Prosperity Solutions Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by Global Prosperity Solutions to ISEs.

 

Personal Production — Moving Global Prosperity Solutions products or services to an end consumer for actual use.

 

Personal Volume — The commissionable value of services and products purchased by: (1) an ISE; (2) the ISE’s personally-enrolled Preferred or Direct Customers; and (3) the ISE’s personal Retail Customers who purchase from the ISE’s Global Prosperity Solutions replicated website.

 

Rank — The “title” that an ISE holds pursuant to the Global Prosperity Solutions Compensation Plan.  “Title Rank” refers to the highest rank an ISE has achieved in the Global Prosperity Solutions compensation plan at any time.  “Paid As” rank refers to the rank at which an ISE is qualified to earn commissions and bonuses during the current pay period.

 

Recruit  — For purposes of Global Prosperity Solutions’ Conflict of Interest Policy (Section 4.11), the term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Global Prosperity Solutions ISE or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.

 

Replicated Website – A website provided by Global Prosperity Solutions to ISEs which utilizes website templates developed by Global Prosperity Solutions.

 

Resalable — Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) it is returned to Global Prosperity Solutions within one year from the date of purchase.  Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.

 

Retail Customer – An individual who or entity that purchases Global Prosperity Solutions products or services from or through an ISE, but who is not a Preferred/Direct/Auto-Ship Customer, an ISE, or an immediate household family member of an ISE. 

 

Retail Sales – Sales to a Retail Customer. 

 

Social Media - Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content.  Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, MySpace, Twitter, LinkedIn, Delicious, Instagram and YouTube.   

 

Upline — This term refers to the ISE or ISEs above a particular ISE in a sponsorship line up to the Company.  Conversely stated, it is the line of sponsors that links any particular ISE to the Company.


 
 
 
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