FINTEGRI GLOBAL POLICIES AND PROCEDURES
- - INTRODUCTION
- Policies and Procedures incorporated into the Independent Marketing Affiliate Agreement
These Policies and Procedures, in their present form and as amended at the sole discretion of , dba FINTEGRI (hereafter "FINTEGRI " or the "Company"), are incorporated into, and form an integral part of, the FINTEGRI Independent Marketing Affiliate Agreement. Throughout these Policies, when the term "Agreement" is used, it collectively refers to the Independent Marketing Affiliate Agreement Terms & Conditions, these Policies and Procedures, the FINTEGRI Compensation Plan, and the FINTEGRI Business Entity Addendum (applicable only to business entities that apply to become an Independent Marketing Affiliate). These documents are incorporated by reference into the Independent Marketing Affiliate Agreement (all in their current form and as amended by FINTEGRI ). The term "Affiliate" shall refer to a FINTEGRI Independent Marketing Affiliate.
- Changes to the Agreement
FINTEGRI reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By executing the Agreement, an Affiliate agrees to abide by all amendments or modifications that FINTEGRI makes. Amendments shall be effective 30 days after publication of notice and posting the amended provisions but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by posting in the Independent Marketing Affiliates’ Back Offices. The continuation of an Independent Marketing Affiliate’s FINTEGRI business or an Independent Marketing Affiliate’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
- Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect. The severed provision or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of a party to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate 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 the party’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of a one party against the other shall not constitute a defense to a party’s right to enforce any term or provision of the Agreement.
- - BUSINESS RELATIONSHIP WITH FINTEGRI
- Requirements to become a FINTEGRI Preferred Customer
A FINTEGRI Preferred Customer and/or a Passive Participant is someone who wishes to purchase FINTEGRI products but does not wish to participate in the Compensation Plan. A Preferred Customer and/or a Passive Participant must fill out and submit a FINTEGRI Membership Application. FINTEGRI Customers are not eligible to participate in the Compensation Plan and may not resell products. A Preferred Customer and/or a Passive Participant may choose to participate in the Compensation Plan at any time by becoming an Independent Marketing Affiliate as provided in Section 2.2.
- Requirements to become an Independent Marketing Affiliate
To become a FINTEGRI Independent Marketing Affiliate, each applicant must:
FINTEGRI reserves the right to refuse any application. By becoming an Independent Marketing Affiliate,and each time you receive and accept a commission or bonus payment, you agree to abide by the Policies and Procedures, as may be amended from time to time.
- be of legal age (at least 18) and legally competent to enter into a binding contract in the jurisdiction in which they reside,
- be a citizen or taxpaying resident of a country in which FINTEGRI is officially open for business,
- provide a complete, legible, unaltered, and valid application, including valid contact information and KYC documentation including a valid government-issued tax identification number, proof of address, etc.
- not already have an interest in a Position in the
Compensation Plan in more than one line of sponsorship,
- sign and submit a properly completed Membership Application and Agreement,
- pay a membership fee as applicable and/or permitted by the laws of the country in which the Independent Marketing Affiliate resides.
- Purchasing FINTEGRI Products
There is no requirement to enroll in the Compensation Plan or commit to a minimum order to purchase FINTEGRI products. Preferred Customers and/or Passive Participants may purchase FINTEGRI products directly by placing an order through an Affiliate’s replicated website.
- Accurate Information
You may not enroll or help anyone else enroll with false, inaccurate, misleading, or incomplete information. It is your responsibility to inform FINTEGRI of any changes to your information. FINTEGRI will not be responsible for delays and possible loss or forfeiture of commissions or bonuses that would otherwise be payable to individuals who have provided false, inaccurate, misleading, or incomplete information to FINTEGRI . The Company reserves the right to terminate any Position that is being operated by any person other than the person named on the account.
- More than One Position.
You may have a financial interest or any other interest in more than one Position provided that said Positions remain in the original line of sponsorship except in limited circumstances (including re-entry Positions) as approved in writing by FINTEGRI . Positions outside of your original line of sponsorship, cross-line sponsorships are not allowed.
Spouses may hold separate Positions, provided that they are in the same line of sponsorship and one spouse directly refers the other (except in cases where each spouse owned a Position prior to being married). As consideration for allowing spouses to hold a financial interest in more than one Position, each spouse agrees that the actions of one spouse may be attributed to both spouses and may result in corrective action against both spouses.
- Actions of Household Members or Affiliated Parties
If any member of an Independent Marketing Affiliates household engages in any activity which, if performed by the Independent Marketing Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and FINTEGRI may take disciplinary action pursuant to the Statement of Policies and Procedures against the Independent Marketing Affiliate. Similarly, if any partner, shareholder, member, or other individual with any ownership or management capacity (collectively "Affiliated Individual") in a corporation, partnership, LLC, trust or other entity (collectively "Business Entity") violates the Agreement, such action(s) will be deemed a violation by the Business Entity and each Affiliated Individual, and FINTEGRI may take disciplinary action jointly or solitarily against the Business Entity and/or each Affiliated Individual.
- Business Entities and Charities
Independent Marketing Affiliates may operate their Position as a business entity, or convert their existing individual account to a business entity, if they provide:
- an employer identification number ("EIN"),
- their own valid government-issued tax identification number, and
- other information requested by FINTEGRI to verify the existence, ownership, and good standing of the business entity, generally considered to be KYC (Know Your Customer) International Regulations FINTEGRI reserves the right to refuse any application. A personal identification is used for internal tracking purposes, but once an EIN is provided, reporting for tax purposes will be directed to that EIN.
- Business Entity Applications
Once the personal application is accepted, an Affiliate has the option to add a Business Entity to the account in accordance with the Policies and Procedures
- Independent Contractor Status
As an Affiliate, you are an independent contractor. You are not an employee, agent, partner, or franchisee of, nor are you a party to a joint venture with FINTEGRI . You are not agreeing to purchase a franchise or distributorship, and there are no exclusive territories granted to any Affiliate. You are also not acquiring any interest in a security. You have no authority to incur any debt, expense, or obligation on behalf of FINTEGRI . As an independent contractor, you are responsible for your own expenses and any applicable taxes including self-employment taxes and any applicable income taxes).
You are also responsible for providing your own place of business, determining your own work hours, supplying your own equipment and supplies, and obtaining all applicable licenses and complying with all legal and regulatory requirements that apply to you. You agree that you will not represent yourself as anything other than an Independent FINTEGRI Affiliate. If your Membership Application and Agreement is terminated for any reason, you understand and agree that, as an independent contractor, you are not entitled to receive workers’ compensation or other employment-related benefits and you agree that you will not assert such claims.
- Business Training Package
In order to familiarize new Independent Marketing Affiliates with FINTEGRI products, services, sales techniques, sales aids, including access to the Affiliate virtual back office, the Company may require the purchase of a Business Starter Training and Development Package.
- Affiliate Benefits
Once an Affiliate Application and Agreement has been accepted by FINTEGRI , the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Independent Marketing Affiliate.
These benefits include the right to:
- Sell FINTEGRI products and services,
- Participate in the FINTEGRI Compensation Plan (receive bonuses and commissions, if eligible),
- Refer other individuals as Independent Marketing
Affiliates into the FINTEGRI business and thereby, building a marketing organization,
- Receive periodic FINTEGRI literature and other FINTEGRI communications,
- Participate in FINTEGRI -sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable, and
- Participate in promotional and incentive contests and programs sponsored by FINTEGRI for its Independent Marketing Affiliates.
- Becoming an International Sponsor
If you wish to enroll Affiliates outside your home region and earn compensation based on the sale of FINTEGRI products in those regions, you must abide by the Policies and Procedures and local laws and regulations applicable to each respective country in which you operate.
- - OPERATING AN INDEPENDENT FINTEGRI BUSINESS
- Affiliate Created Marketing Methods and Tools
Independent Marketing Affiliates must adhere to the terms of the FINTEGRI Compensation Plan as set forth in official FINTEGRI literature. Independent Marketing Affiliates shall not offer the FINTEGRI opportunity through, or in combination with, any other system, program, Sales Tools, or method of marketing other than that specifically set forth in official FINTEGRI literature. Independent Marketing Affiliates shall not require or encourage other current or prospective Customers, Independent Retailers or Independent Marketing Affiliates to execute any agreement or contract other than official FINTEGRI agreements and contracts in order to become a FINTEGRI Independent Marketing Affiliate.
Similarly, Independent Marketing Affiliates shall not require or encourage other current or prospective Customers, Preferred Customers or Independent Marketing Affiliates to make any purchase from, or payment to any individual or other entity to participate in the FINTEGRI Compensation Plan other than those purchases or payments identified as recommended or required in official FINTEGRI literature.
All Independent Marketing Affiliates shall safeguard and promote the good reputation of FINTEGRI and its products. The marketing and promotion of FINTEGRI , the FINTEGRI opportunity, the Compensation Plan, and FINTEGRI products shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. To promote both the products and services, and the opportunity FINTEGRI offers, Independent Marketing Affiliates shall use the sales tools produced by FINTEGRI . The Company has carefully designed its products, Compensation Plan, and sales tools to ensure that they are promoted in a fair, truthful manner, that they are substantiated, and the material complies with the legal requirements of Federal and State laws. Accordingly, Independent Marketing Affiliates may only advertise or promote their FINTEGRI business using approved sales tools acquired through FINTEGRI . No approval is necessary to use these approved sales tools.
If an Independent Marketing Affiliate wishes to design his/her own online or offline sales tools of any kind, his/her designs must be submitted to the FINTEGRI advertising department ([email protected] .com) for consideration and inclusion in the document library. Unless an Independent Marketing Affiliate receives specific written approval from FINTEGRI to use such sales tools, the request shall be deemed denied. The Affiliate must go the Fintegri Identity Manual tab in his/her Back Office. Fintegri reserves the right to rescind approval for any sales tools, and Independent Marketing Affiliates waive all claims for damages or remuneration arising from or relating to such rescission.
Independent Marketing Affiliates who receive authorization from FINTEGRI to produce their own sales tools may not sell, lease, or charge a fee of any nature for such sales tools to any other FINTEGRI Independent Marketing Affiliate. Independent Marketing Affiliates may make approved sales tools available to other Independent Marketing Affiliates free of charge if they wish, but may not charge other FINTEGRI Independent Marketing Affiliates for the sales tools. Approved sales tools will be posted in the Document Library section of Independent Marketing Affiliates’ Back Offices and will be made available to all Independent Marketing Affiliates free of charge. The Affiliate who submitted the sales tool to the Company waives all claims to remuneration for such use and grants FINTEGRI an irrevocable, non-exclusive and worldwide license, with a right to sublicense, to produce, reproduce, perform, modify, adapt, publish, present, communicate, translate, record, or otherwise use the approved sales tools designed by the Affiliate as the Company deems appropriate. The Affiliate warrants that the approved sales tools do not infringe upon the intellectual property rights of any third party. The Affiliate shall indemnify and hold harmless FINTEGRI in case of a breach of such a warranty. If the independent FINTEGRI business of an Affiliate who has received authorization to create and post an external website is voluntarily or involuntarily cancelled for any reason, he/she shall assign the URL to his/her external website to the Company within three calendar days from the date of the cancellation.
- Trademarks and Copyrights
The trade name and trademark Fintegri other trade names, trademarks, service names, service marks, product names, including their Affiliated logos, as may be adopted by FINTEGRI from time to time, are proprietary trade names, trademarks, service marks and product names of FINTEGRI (the "FINTEGRI Trademarks"). As such, the FINTEGRI Trademarks are licensed on a non-exclusive and non-transferable basis, for the duration of the Affiliate Agreement, to Independent Marketing Affiliates for their use only in an expressly authorized manner, the whole as described in this policy and in the Affiliate Agreement.
Without limiting the foregoing, FINTEGRI will not allow the use of the FINTEGRI Trademarks, or any derivatives of such marks, by any person, including FINTEGRI Independent Marketing Affiliates, in any unauthorized manner without its prior, written permission. The FINTEGRI Independent Marketing Affiliates shall not give the impression to consumers and others, through their actions or inactions, that they own the FINTEGRI Trademarks.
The Independent Marketing Affiliate acknowledges the validity of the FINTEGRI Trademarks and agrees that they will not, at any time, either directly or indirectly, contest or aid in contesting the ownership or validity of same or of any application or registration relating to same whether now in existence or obtained in the future by FINTEGRI. The Independent Marketing Affiliates shall use the FINTEGRI Trademarks in such a manner as to sufficiently protect and preserve all the rights of FINTEGRI in same. Without limitation, the Independent Marketing Affiliates shall use the FINTEGRI Trademarks correctly spelt and/or depicted.
Furthermore, the Independent Marketing Affiliate shall not make any addition to, deletion from or otherwise modify the FINTEGRI Trademarks. The Independent Marketing Affiliates shall not adopt, use, register or seek to register in any class of wares and services, any trademark, trade name, service name, service mark, product name, corporate name, domain name or other identifying element that is identical, includes or is confusingly similar to the FINTEGRI Trademarks or any other trademarks, trade names, service names, service marks, product names, corporate names, domain names or other identifying elements of FINTEGRI.
The Independent Marketing Affiliates agree that any goodwill Affiliated with the FINTEGRI Trademarks will endure exclusively to the benefit of FINTEGRI and is the property of FINTEGRI.
No monetary compensation will be assigned or attributed to any goodwill Affiliated with the Independent Marketing Affiliates’ use of the FINTEGRI Trademarks. FINTEGRI and its duly authorized representatives will have the right, upon reasonable prior notice and during normal business hours, to examine the activities of an Independent Marketing Affiliate, and to inspect all facilities utilized by such Affiliate in connection therewith for the purpose of maintaining quality and to ensure that the Affiliate is performing its obligations under this policy and the Affiliate Agreement and that the distinctiveness of the FINTEGRI Trademarks is not being and will not be jeopardized. All materials provided or created by FINTEGRI, including the sales tools, the content of Company sponsored events or speeches, or Company- produced audio or video tape presentations, are copyrighted materials owned by FINTEGRI. Independent Marketing Affiliates may not produce, reproduce, perform, modify, adapt, publish, present, communicate, translate, record, or otherwise use such materials without the prior written consent of Fintegri. As an
Independent Marketing Affiliate, the Affiliate muse use the “FINTEGRI” name in the following manner and in accordance with the Fintegri Global Identity Manual.
Example, Michael Smith, Independent Marketing Affiliate of Fintegri.
Independent Marketing Affiliates may NOT use any of the Fintegri Trademarks in any form in their team name, tagline, or email address, or as a personal name or nickname for themselves or for their business entity.
- Fintegri Independent Affiliate Logo
If an affiliate uses a Fintegri Logo in any communication, he/she may only use the Independent Marketing Affiliate version as outlined in the Fintegri Global Identity Manual found in his/her back office.
- Media and Media Inquiries
Independent Marketing Affiliates are not permitted to respond to media regarding Fintegri, it products or services, or their Fintegri Independent Marketing Affiliate business. All inquiries form any media source , print, radio, T.V. or social media must be immediately submitted to [email protected] . This policy is designed to ensure that accurate and consistent information regarding Fintegri is provided to the public.
- Unsolicited Email
FINTEGRI does not permit Independent Marketing Affiliates to send unsolicited commercial emails.
- Unsolicited Faxes
Independent Marketing Affiliates may not use or transmit unsolicited faxes in connection with their FINTEGRI business.
- Telephone Directory Listings
Independent Marketing Affiliates may list themselves as a "FINTEGRI Independent Marketing Affiliate" in the white or yellow pages of the telephone directory, or with online directories, under their own name. No Affiliate may place telephone or online directory display ads using FINTEGRI ’s name or logo. Independent Marketing Affiliates may not answer the telephone by saying “FINTEGRI ", "FINTEGRI Incorporated", "FINTEGRI Corporation", or in any other manner that would lead the caller to believe that he or she has reached corporate offices of FINTEGRI . If an Affiliate wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
Affiliate’s Name, FINTEGRI Independent Marketing Affiliate.
- Online Conduct
- Affiliate Web Sites
External Websites may be used to promote your business and the Company’s products so long as the external website adheres to the Company’s advertising policies and FINTEGRI Policies and Procedures. However, no orders may be placed through an external website. Orders may only be placed through your Company provided replicated website. You may link an approved external website to the order entry screen of your Company provided replicated website to facilitate sales should you wish to do so. If you wish to design your own online external website, your designs must be submitted to the FINTEGRI advertising department ([email protected] .com) for consideration.
Unless you receive specific written approval from FINTEGRI to use such sales tools, the request shall be deemed denied. Go to the Document Library section in your Back Office for guidelines regarding sales and marketing tools.
- FINTEGRI Replicated Websites
Independent Marketing Affiliates receive a FINTEGRI replicated website to promote their FINTEGRI business, to enroll new Independent Marketing Affiliates and to sell FINTEGRI products. Independent Marketing Affiliates 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-FINTEGRI products, services or business opportunities. Specifically, Independent Marketing Affiliates may not alter the look (placement, sizing etc.) or functionality of the following:
Because replicated websites reside on the my- Fintegri .com domain, FINTEGRI reserves the right to receive analytics and information regarding the usage of the Independent Marketing Affiliate’s replicated website. Independent Marketing Affiliates may change the default ID for his/her replicated website and choose a uniquely identifiable website name, but this name must not:
- The FINTEGRI Independent Marketing Affiliate Logo,
- His/her Name,
- FINTEGRI Corporate Website redirect button,
- Artwork, logos, or graphics,
- Original text.
- Be confused with other portions of the FINTEGRI corporate website,
- Incorporate or be confusingly similar to the FINTEGRI Trademarks,
Confuse a reasonable person into thinking they have landed on a FINTEGRI corporate page, Independent Marketing Affiliates, in any unauthorized manner without its prior, written permission. The FINTEGRI Independent Marketing Affiliates shall not give the impression to consumers and others, through their actions or inactions, that they own the FINTEGRI Trademarks.
The Independent Marketing Affiliate acknowledges the validity of the FINTEGRI Trademarks and agrees that they will not, at any time, either directly or indirectly, contest or aid in contesting the ownership or validity of same or of any application or registration relating to same whether now in existence or obtained in the future by FINTEGRI . The Independent Marketing Affiliates shall use the FINTEGRI Trademarks in such a manner as to sufficiently protect and preserve all the rights of FINTEGRI in same. Without limitation, the Independent Marketing Affiliates shall use the FINTEGRI Trademarks correctly spelt and/or depicted.
Furthermore, the Independent Marketing Affiliate shall not make any addition to, deletion from or otherwise modify the FINTEGRI Trademarks. The Independent Marketing Affiliates shall not adopt, use, register or seek to register in any class of wares and services, any trademark, trade name, service name, service mark, product name, corporate name, domain name or other identifying element that is identical, includes or is confusingly similar to the FINTEGRI Trademarks or any other trademarks, trade names, service names, service marks, product names, corporate names, domain names or other identifying elements of FINTEGRI .
The Independent Marketing Affiliates agree that any goodwill Affiliated with the FINTEGRI Trademarks will endure exclusively to the benefit of FINTEGRI and is the property of FINTEGRI .
No monetary compensation will be assigned or attributed to any goodwill Affiliated with the Independent Marketing Affiliates’ use of the FINTEGRI Trademarks. FINTEGRI and its duly authorized representatives will have the right, upon reasonable prior notice and during normal business hours, to examine the activities of an Independent Marketing Affiliate, and to inspect all facilities utilized by such Affiliate in connection therewith for the purpose of maintaining quality and to ensure that the Affiliate is performing its obligations under this policy and the Affiliate Agreement and that the distinctiveness of the FINTEGRI Trademarks is not being and will not be jeopardized. All materials provided or created by FINTEGRI , including the sales tools, the content of Company sponsored events or speeches, or Company- produced audio or video tape presentations, are copyright a telephone or online directory, it must be listed in the following format:
Affiliate’s Name, FINTEGRI Independent Marketing Affiliate.
- Team Websites
"Team Websites" are not a violation of Fintegri's Policies prohibiting Independent Marketing Affiliates form developing independent websites. A "Team Website" must be password protected and available only to Independent Marketing Affiliates within a single line of sponsorship. Team Websites must serve only as a forum for communication, training, recognition, connecting and motivating Independent Marketing Affiliates within that line of sponsorship. Team Websites may not be used for recruiting or sales purposes, and may not be shared with prospective Independent Marketing Affiliates. Team Websites must comply with all of Fintegri's Policies and Procedures and must follow the Fintegri Identity Manual provided in the back office.
- Domain Names, email Addresses and Online Aliases
Independent Marketing Affiliates are not allowed to use or register any Fintegri Trademarks, ora ny derivatives, for any Internet domain name, email address, social media site or handle, or on line aliases. Additionally, Independent Marketing Affiliates may not 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 Fintegri. If an Affiliate violates this policy, the Affiliate shall assign and transfer the domain name, email address, social media handle or name, or online alias to the Company immediately upon the Company’s demand, and the Affiliate shall be responsible for paying all fees and costs, including but not limited to attorney’s fees and costs and transfer costs, affiliated with the assignment and transfer.This remedy is in addition to, and not in place of, other remedies and/or disciplinary measures that the Company may take pursuant to these Policies.
- Online Classifieds
Independent Marketing Affiliates may not use online classifieds to list, sell or retail specific Fintegri products or to promote or explain the Fintegri business model.
- Banner Advertising
Independent Marketing Affiliates mayplace banner advertisements on a Company-approved third-party website provided he/she uses only Fintegri approved banner advertisements. All banner advertisements must link exclusively to the Independent Marketing Affiliate’s Fintegri replicated website. To obtain approval to place a banner ad on a third-party website, the Affiliate must submit a request along with a link to the proposed website to [email protected] The Independent Marketing Affiliates may not place a banner ad on any third-party website until he/she receives specific written approval from Fintegri approving his/her request.
- 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 must be submitted to the FINTEGRI advertising department
- Digital Media Submission
Independent Marketing Affiliates may upload, submit or publish FINTEGRI -related video, audio or photo content on of FINTEGRI and so long as it
Independent Marketing Affiliates may not produce FINTEGRI to use such sales tools, the request shall be deemed denied. All submissions must clearly identify the Affiliate as an Independent FINTEGRI Affiliate in the content itself and in the content description tag, must comply([email protected] .com) unless an Independent Marketing Affiliate receives specific written approval from
- Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must revert solely to the referring Independent Marketing Affiliate’s Replicated Website. The display URL must also be to the sponsoring Independent Marketing Affiliate’s Replicated Website and must not portray any URL that could lead the user to believe they are being directed to a FINTEGRI Corporate site, or be inappropriate or misleading in any way. The Independent Marketing Affiliates may not purchase any PPC AdWords that utilize the name “FINTEGRI ”, or any derivative of the name "FINTEGRI ", or any AdWords that utilizes the name of any product(s) offered by FINTEGRI or any derivative of such product name(s).
- Domain Names and email Addresses
Except as set forth in the Affiliate Website Agreement, Independent Marketing Affiliates may not use or attempt to register any of the FINTEGRI Trademarks, or any derivative of the foregoing, for any Internet domain name, email address, or name or address.
- Social Media
Social Media may be used by Independent Marketing Affiliates to share information about FINTEGRI . However, Independent Marketing Affiliates who elect to use Social Media must adhere to the present Policies and Procedures in all respects. Social Media sites may not be used to sell or offer to sell specific FINTEGRI products or services. Profiles an Affiliate generates in any social community where FINTEGRI is discussed or mentioned must clearly identify the Affiliate as an Independent FINTEGRI Affiliate, and when an Affiliate participates in those communities, Independent Marketing Affiliates must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at FINTEGRI ’s sole discretion,and offending Independent Marketing Affiliates will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the FINTEGRI approved library. If a link is provided, it must link exclusively to the posting Independent Marketing Affiliate’s Replicated Website. Independent Marketing Affiliates may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Independent Marketing Affiliates create, or leave must be useful, unique, relevant and specific to the blog’s article.
- Independent Marketing Affiliates are responsible for Postings
Independent Marketing Affiliates are personally responsible for their postings and all other online activity that relates to FINTEGRI . Therefore, even if an Affiliate does not own or operate a blog or Social Media site, if an Affiliate posts to any such site that relates to FINTEGRI or which can be traced to FINTEGRI , the Affiliate is responsible for the posting. Independent Marketing Affiliates are also responsible for postings that appear on any blog or Social Media site that the Affiliate owns, operates, or controls.
- Identification as a FINTEGRI Independent Marketing Affiliate
The Independent Marketing Affiliate must disclose his/her full name on all Social Media postings, and conspicuously identify himself or herself as an Independent Marketing Affiliate for FINTEGRI . Anonymous postings or use of an alias is prohibited.
- Social Media as a Sales and Promotion Forum
- Sales and Enrollments from Social Media Sites are Prohibited
Online sales and/or enrollments may only be generated from an Independent Marketing Affiliate’s FINTEGRI replicated website. Likewise, Independent Marketing Affiliates shall not use any Social Media site to explain the FINTEGRI compensation plan or any component of the compensation plan.
- Deceptive Postings
Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the FINTEGRI income opportunity, FINTEGRI ’s products and services, and/or biographical information and credentials. Any violation of this clause will entitle the Corporation to terminate this agreement in accordance with Section 6.1.
- Use of Third Party Intellectual Property
If an Affiliate uses the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is his/her responsibility to ensure that he/she has received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and the Affiliate must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
- Respecting Privacy
Independent Marketing Affiliates must always respect the privacy of others in his/her postings. Independent Marketing Affiliates must not engage in gossip or advance rumors about any individual, company, or competitive products or services. Independent Marketing Affiliates may not list the names of other individuals or entities on their postings unless they have the written permission of the individual or entity that is the subject of their posting.
The Independent Marketing Affiliate must ensure that his/her postings are truthful and accurate. This requires that the Affiliate fact-check all material posted online. The Independent Marketing Affiliate should also carefully check his/her postings for spelling, punctuation, and grammatical errors. Use of offensive language is prohibited.
- Prohibited Postings
Independent Marketing Affiliates may not make any postings, or link to any postings or other material that:
- Is sexually explicit, obscene, or pornographic,
- Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise),
- Is graphically violent, including any violent video game images,
- Is solicitous of any unlawful behavior,
- Engages in personal attacks on any individual, group, or entity,
- Is in violation of any intellectual property rights of the Company or any third party.
- Responding to Negative Posts
The Independent Marketing Affiliates shall not converse with one who places a negative post against him/her, other Independent Marketing Affiliates, or FINTEGRI . Report negative posts to the Company at [email protected] Fintegri .com.
- Social Media Sites with Website-like Features
FINTEGRI reserves the sole and exclusive right to classify certain Social Media sites as websites and requires that Independent Marketing Affiliates using, or who wish to use, such sites adhere to the Company’s policies relating to independent websites.
- Promotion of other Direct Selling Businesses through Social Media
In addition to meeting all other requirements specified in these Policies, should an Affiliate utilize any form of Social Media, including but not limited to Facebook, Twitter, LinkedIn, the Affiliate agrees to each of the following:
- No product sales or enrollments may occur on any Social Media site. To generate sales, a Social Media site must link only to the Independent Marketing Affiliate’s FINTEGRI replicated website.
- Any Social Media site that is directly or indirectly operated or controlled by an Affiliate that is used to discuss or promote FINTEGRI ’s products, or the FINTEGRI opportunity may not link to any website, Social Media site, or site of any other nature, other than the Independent Marketing Affiliate’s FINTEGRI replicated website.
- Any Social Media site that is used to promote FINTEGRI , an Independent Marketing Affiliate’s FINTEGRI business, or the FINTEGRI products, must not promote or discuss any other network marketing business, program, opportunity, or products.
- An Affiliate may not use any Social Media site on which they discuss or promote, or have discussed or promoted, the FINTEGRI business or FINTEGRI ’s products to directly or indirectly solicit FINTEGRI Independent Marketing Affiliates for another direct selling or network marketing program (collectively, "direct selling"). Violation of this provision shall constitute a violation of the Non-Solicitation Policy in Section.9.1.
- If an Affiliate creates a "Fan Page", or a business profile page of any other nature on any Social Media site that promotes or relates to FINTEGRI , its products, or opportunity, the business profile page must relate exclusively to the Independent Marketing Affiliate’s FINTEGRI business and FINTEGRI products. If the Independent Marketing Affiliate’s FINTEGRI business is cancelled for any reason or if the Affiliate becomes inactive, the Affiliate must deactivate the business profile page.
- 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 FINTEGRI Affiliate by submitting an Affiliate Application and Agreement along with a properly completed Business Entity Addendum. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively "Affiliated Parties") are individually and solidarity liable for any indebtedness to FINTEGRI , compliance with the FINTEGRI Policies and Procedures, the FINTEGRI Affiliate Agreement, and other obligations to FINTEGRI .
If any Affiliated Party wants to terminate his or her relationship with the Business Entity or FINTEGRI , the Affiliated Party must terminate his or her affiliation with the Business Entity, notify FINTEGRI in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 3.6.2. In addition, the Affiliated Party foregoing their interest in the Business Entity may not participate in any other FINTEGRI business for six consecutive calendar months in accordance with Section 3.6.2.
- Changes to a Business Entity
Each Affiliate must immediately notify FINTEGRI of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.
- Cross-Sponsoring of Spouses/ Household Members
The Independent Marketing Affiliate may not circumvent their original line of sponsorship by joining another downline organization or a different Team of their sponsor by referring themselves, spouse, dependent children within the age of majority, a household member ("related party”) or any business or company operating under a business name (Business Entity) in which the Affiliate and/or a related party have a direct or indirect ownership interest. Husband, wife, Business Entity household members, partners and/or dependent children within the age of majority must all be in the same Team underneath the first position owned. It is permissible to be in separate Teams provided they are under the first position owned, however, the Independent Marketing Affiliate cannot manipulate or reconstruct the downline organization through violations of the cross-sponsoring, inducement and/or multiple position policies.
Violations of this Policy will result in the termination of the cross-sponsored account, and the Affiliate will be instructed to work exclusively in the original position. Neither the cross-sponsored position nor the downline organization will be moved. If the Enroller is found to have knowingly or willingly encouraged the cross-sponsoring, the Enroller will be subject to further disciplinary action in accordance with the compliance disciplinary procedure.
- Cancellation and Re-application
An Affiliate may legitimately change organizations by voluntarily canceling his or her FINTEGRI business and remaining inactive (i.e., no purchases of FINTEGRI products for resale, no sales of FINTEGRI products, no referrals, no attendance at any FINTEGRI functions, participation in any other form of Affiliate activity, or operation of any other FINTEGRI business, no income from the FINTEGRI business) for six (6) full calendar months. Following the six-month period of inactivity, the former Affiliate may reapply under a new Referrer, however, the former Independent Marketing Affiliate’s downline will remain in their original line of referral.
- Waiver of Claims
In cases where in the appropriate referral change procedures have not been followed, and a downline organization has been developed in the second business developed by an Independent Marketing Affiliate, FINTEGRI reserves the sole and exclusive right to determine the final disposition of the downline organization. Independent Marketing Affiliates waive any and all claims against FINTEGRI , its officers, directors, owners, employees, and agents that relate to or arise from FINTEGRI ’s decision regarding the disposition of any downline organization that develops below an organization that has improperly changed lines of referral.
- Unauthorized Claims and Actions
An Affiliate is fully responsible for all of his or her verbal and written statements made regarding FINTEGRI products, services, and the Compensation Plan that are not expressly contained in official FINTEGRI 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. Independent Marketing Affiliates agree to indemnify FINTEGRI and FINTEGRI ’s 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 FINTEGRI as a result of the Independent Marketing Affiliate’s unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.
- Product Claims
Independent Marketing Affiliates must not make claims, including but not limited to testimonials, about FINTEGRI ’s products or services that are not contained in official FINTEGRI literature or posted on FINTEGRI ’s official website. Any violation of this clause will entitle the Corporation to terminate this agreement in accordance with Section 6.13.
- Compensation Plan Claims
When presenting or discussing the FINTEGRI compensation plan, you must make it clear to prospects that financial success in FINTEGRI requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. It is important that you do not make any other representations that could lead a prospect to believe that they can be successful as an Affiliate without commitment, effort, and sales skill. Any violation of this clause will entitle the Corporation to terminate this agreement in accordance with Section 6.1.
- Income Claims
Because FINTEGRI Independent Marketing Affiliates do not have the data necessary to comply with the legal requirements for making income claims, an Independent Marketing Affiliate, when presenting or discussing the FINTEGRI opportunity or Compensation Plan to a prospective Independent Marketing Affiliate, may not make any income projections, income claims, or disclose his or her FINTEGRI income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records). Any violation of this clause will entitle the Corporation to terminate this agreement in accordance with Section 6.1.
- Conflicts of Interest
FINTEGRI Independent Marketing Affiliates are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively "network marketing"). However, during the term of this Agreement, Independent Marketing Affiliates may not directly or indirectly recruit other FINTEGRI Independent Marketing Affiliates or Customers, other than those whom they personally Sponsor, for any other network marketing business. Therefore, Independent Marketing Affiliates and FINTEGRI agree that this non-solicitation provision shall apply nationwide and to all international markets in which Independent Marketing Affiliates are located. 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 FINTEGRI Affiliate or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
- Affiliate Participation in Other Network Marketing Programs
If an Affiliate is engaged in other non-FINTEGRI business or Network Marketing program, it is the responsibility of the Affiliate to ensure that his or her FINTEGRI business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Affiliate must adhere to the following:
- Independent Marketing Affiliates must not sell, or attempt to sell, any competing non-FINTEGRI programs, products or services that are sold through another Network Marketing or Direct Sales Program to FINTEGRI Customers or Independent Marketing Affiliates. Any program, product or services in the same generic categories as FINTEGRI products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
- Independent Marketing Affiliates shall not display FINTEGRI promotional material, sales aids, products or services with or in the same location as, any non- FINTEGRI promotional material or sales aids, products or services.
- Independent Marketing Affiliates shall not offer the FINTEGRI opportunity, products or services to prospective or existing Customers or Independent Marketing Affiliates in conjunction with any non-FINTEGRI program, opportunity, product or service.
- Independent Marketing Affiliates may not offer any non-FINTEGRI opportunity, products, services or opportunity at any FINTEGRI -related meeting, seminar, convention, webinar, teleconference, or other function.
- Independent Marketing Affiliates may not use any FINTEGRI sales tools to recruit other Independent Marketing Affiliates for any other network marketing business.
- Confidential Information
Confidential information includes, but is not limited to, the identities of FINTEGRI customers and Independent Marketing Affiliates, contact information of FINTEGRI customers and Independent Marketing Affiliates, Independent Marketing Affiliates’ personal and/or group sales volumes, and Affiliate rank and/or achievement levels. Confidential Information is, or may be available to Independent Marketing Affiliates in their respective Back Offices. Affiliate access to such Confidential Information is password protected, and Confidential Information constitutes proprietary business trade secrets belonging to FINTEGRI .
Such Confidential Information is provided to Independent Marketing Affiliates in strictest confidence and is made available to Independent Marketing Affiliates for the sole purpose of assisting Independent Marketing Affiliates in working with their respective sales organizations in the development of their FINTEGRI business. Each Affiliate and FINTEGRI agrees that, but for this agreement of confidentiality and nondisclosure, FINTEGRI would not provide Confidential Information to the Independent Marketing Affiliate.To protect Confidential Information, Independent Marketing Affiliates shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
- Directly or indirectly disclose any Confidential Information to any third party,
- Directly or indirectly disclose the password or other access code to his or her Back Office to any third party,
- Use any Confidential Information to compete with FINTEGRI , or for any other purpose other than to promote his or her FINTEGRI business,
- Recruit or solicit any Affiliate or Customer of FINTEGRI listed on any report or in the Independent Marketing Affiliate’s Back Office, or in any manner attempt to influence or induce any Affiliate or Customer of FINTEGRI to alter their business relationship with FINTEGRI ,
- or Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
- Targeting the Sales Force of other Direct Sellers
FINTEGRI does not condone Independent Marketing Affiliates specifically or consciously targeting the sales force of another direct sales company to sell FINTEGRI products or to become an Independent Marketing Affiliate for FINTEGRI , nor does FINTEGRI condone Independent Marketing Affiliates’ 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 an Affiliate engage in such activity, the Independent Marketing Affiliate bears the risk of being sued by the other direct sales company.
If any lawsuit, arbitration or mediation is brought against an Affiliate by a third party alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, or in any way violated their contract with the third party, FINTEGRI will not pay any of Independent Marketing Affiliate’s defense costs or legal fees, nor will FINTEGRI indemnify the Affiliate for any judgment, award, or settlement. Should the third party bring or threaten legal action against FINTEGRI based on the conduct of the Independent Marketing Affiliate, the Affiliate agrees that it shall indemnify FINTEGRI for all judgments, settlements, payments of any other nature, litigation costs, and attorney’s fees that FINTEGRI incurs in relation to such legal action or threat of legal action.
- Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, enrollments, or charges, the Affiliate must notify FINTEGRI in writing within 30 days of the date of the purported error or incident in question. FINTEGRI will not be responsible for any errors, omissions or problems not reported to the Company within 30 days.
- Governmental Approval or Endorsement
Neither federal, State or local regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Independent Marketing Affiliates shall not represent or imply that FINTEGRI or its Compensation Plan have been "approved", "endorsed" or otherwise sanctioned by any government agency.
- Income Taxes
Each Affiliate is responsible for paying local, State and federal taxes on any income generated as an Independent Marketing Affiliate.
- Independent Contractor Status
Independent Marketing Affiliates are independent contractors. The agreement between FINTEGRI and its Independent Marketing Affiliates does not create an employer/employee relationship, agency, partnership, association or joint venture between the Company and the Independent Marketing Affiliate. Independent Marketing Affiliates shall not be treated as an employee for his or her services or for Federal, State or local tax purposes.
All Independent Marketing Affiliates are responsible for paying local, State, and federal taxes due from all compensation earned as an Independent Marketing Affiliate of the Company. An Affiliate has no authority (expressed or implied), to bind the Company to any obligation. Each Affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Affiliate Agreement, these Policies and Procedures, and applicable laws.
- International Marketing
Independent Marketing Affiliates are authorized to sell FINTEGRI products and enroll Customers or Independent Marketing Affiliates only in the countries in which FINTEGRI is authorized to conduct business, as announced on the Company’s official website or other official Company literature. For information on International sponsoring, refer to section 2.14.
- Adherence to Laws and Ordinances
Independent Marketing Affiliates shall comply with all federal, State, and local laws and regulations in the conduct of their businesses. Many cities have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Independent Marketing Affiliates because of the nature of their business. However, Independent Marketing Affiliates must obey those laws that do apply to them. If a city official tells an Affiliate that an ordinance applies to him or her, the Affiliate should immediately send a copy of the ordinance to the Support Department of FINTEGRI .
- Sale, Transfer or Assignment of a FINTEGRI Business
Although a FINTEGRI business is a privately owned and independently operated business, the sale, transfer or assignment of a FINTEGRI business, and the sale, transfer, or assignment of an interest in a Business Entity that owns or operates a FINTEGRI business, is subject to certain limitations. If an Affiliate wishes to sell his or her FINTEGRI business, or interest in a Business Entity that owns or operates a FINTEGRI business, the following criteria must be met:
Prior to selling an independent FINTEGRI business or Business Entity interest, the selling Affiliate must notify FINTEGRI ’s Compliance Department in writing and advise of his or her intent to sell his/her FINTEGRI business or Business Entity interest. The selling Affiliate 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 FINTEGRI business.
- The buyer or transferee must become a qualified FINTEGRI Independent Marketing Affiliate. If the buyer is an active FINTEGRI Independent Marketing Affiliate, he or she must first terminate his or her FINTEGRI business and wait six calendar months before acquiring any interest in a different FINTEGRI business,
- Before the sale, transfer or assignment can be finalized and approved by FINTEGRI , any debt obligations the selling party has with FINTEGRI must be satisfied,
- 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 FINTEGRI business.
- Referring Online
When referring a new Affiliate 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, FINTEGRI ’s Policies and Procedures, and the FINTEGRI Compensation Plan. The sponsor may not fill out the online application and agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
Upon the death or incapacitation of an Independent Marketing Affiliate, 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. Whenever a FINTEGRI business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Independent Marketing Affiliate’s marketing organization provided the following qualifications are met. The successor(s) must:
- Execute an Affiliate Agreement,
- Comply with terms and provisions of the Agreement,
- Meet all of the qualifications for the deceased Independent Marketing Affiliate’s status,
- The devisee must provide FINTEGRI with an "address of record" to which all bonus and commission payments will be sent,
- If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number. FINTEGRI will issue all bonus and commission payments to the business entity.
- Transfer upon Death of an Independent Marketing Affiliate Business
To affect a testamentary transfer of a FINTEGRI business, the executor of the estate must provide the following to FINTEGRI :
- an original death certificate,
- certified letters testamentary or a letter of administration appointing an executor, and
- written instructions from the authorized executor to FINTEGRI specifying to whom the business and income should be transferred.
- Transfer upon Incapacitation of an Independent Marketing Affiliate
To effectuate a transfer of a FINTEGRI business because of incapacity, the successor must provide the following to FINTEGRI :
- a copy of the appointment of the legal guardian,
- written instructions from the legal guardian instructing how the proceeds from the business should be paid, and
- a completed Affiliate Agreement executed by the legal guardian.
FINTEGRI will honor a valid divorce decree or settlement agreement with respect to ownership of Positions, provided that the proposed resolution does not conflict with these Policies and Procedures. Additionally, Positions cannot be divided into separate interests and any divorce decree or settlement agreement that purports to divide or separate the Position will cause the Position to automatically terminate as of the date of any such decree or settlement.
- Telemarketing Techniques
Independent Marketing Affiliates must not engage in telemarketing in the operation of their FINTEGRI businesses. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a FINTEGRI product or service, or to recruit them for the FINTEGRI opportunity. "Cold calls" made to prospective customers or Independent Marketing Affiliates that promote either FINTEGRI ’s products or services or the FINTEGRI opportunity are prohibited.
- Back Office Access
FINTEGRI makes online back offices available to its Independent Marketing Affiliates. A Back Office provides Independent Marketing Affiliates access to confidential and proprietary information that may be used solely and exclusively to promote the development of an Independent Marketing Affiliate’s FINTEGRI business and to increase sales of FINTEGRI products. However, access to a back office is a privilege, and not a right. FINTEGRI reserves the right to deny Independent Marketing Affiliates’ access to the back office at its sole discretion.
- Change of Address, Telephone, and email Addresses
Independent Marketing Affiliates whose contact information changes, must amend their contact information through their Affiliate Back Office.
- Continuing Development Obligations
- Ongoing Training
Any Affiliate who refers another Affiliate into FINTEGRI must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her FINTEGRI business. Independent Marketing Affiliates must have ongoing contact and communication with the Independent Marketing Affiliates 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 Independent Marketing Affiliates to FINTEGRI meetings, training sessions, and other functions.
Upline Independent Marketing Affiliates are also responsible to motivate and train new Independent Marketing Affiliates in FINTEGRI product knowledge, effective sales techniques, the FINTEGRI Compensation Plan, and compliance with Company Policies and Procedures. Independent Marketing Affiliates should monitor the Independent Marketing Affiliates in their Downline Organizations to guard against downline Independent Marketing Affiliates making improper product or business claims or engaging in any illegal or inappropriate conduct.
- Ongoing Sales Responsibilities
Regardless of their level of achievement, Independent Marketing Affiliates have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
- Negative Comments
FINTEGRI wants to provide its Independent Marketing Affiliates 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 [email protected] .com.
While FINTEGRI welcomes constructive input, negative comments and remarks made in the field by Independent Marketing Affiliates about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other FINTEGRI Independent Marketing Affiliates. For this reason, and to set the proper example for their downline, Independent Marketing Affiliates must not disparage, demean, or make negative remarks about FINTEGRI , other FINTEGRI Independent Marketing Affiliates, FINTEGRI ’s products, the Marketing and Compensation plan, or FINTEGRI ’s directors, officers, or employees. Complaints and concerns about FINTEGRI and/or its products should be directed to the Customer Service Department. Disputes or disagreements between any Affiliate and FINTEGRI shall be resolved through the dispute resolution process set forth in the Agreement, and the Company and Independent Marketing Affiliates agree specifically not to demean, discredit, disparage, or criticize one another on the Internet or any other public forum.
- Providing Documentation to Applicants
Independent Marketing Affiliates must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are referring to become Independent Marketing Affiliates before the applicant signs an Affiliate Agreement or ensure that they have online access to these materials.
- - SALES REQUIREMENTS
- Payments and Payment Authorization.
All orders must be accompanied by proper payment, including all applicable sales taxes.
Independent Marketing Affiliates are not permitted to collect cash payments from new enrollees on behalf of the Company under any circumstances. All payments for services must be made directly to FINTEGRI in accordance with the laws of the country in which a new enrollee resides.
FINTEGRI reserves the right to demand that new enrollees provide “Know Your Customer" (KYC) documents such as a certified copy of a current and valid Passport, Government issued photo I.D. and a recent Municipal/State/Provincial utility invoice to verify the address of the enrollee at the time of application to become a FINTEGRI member.
- No Territory Restrictions
There are no exclusive territories granted to anyone.
- Rescission Rights
An Independent Marketing Affiliate may cancel this Agreement for any reason at any time by providing a written notice to FINTEGRI bearing the original signature, printed name, address and Customer number.
- - BONUSES AND COMMISSIONS
- Bonus and Commission Qualifications and Accrual
An Affiliate must be active and qualified and in compliance with the Agreement to qualify for bonuses and commissions. So long as an Affiliate complies with the terms of the Agreement, FINTEGRI shall pay commissions to such Affiliate in accordance with the Marketing and Compensation plan. Notwithstanding the foregoing, all commissions owed an Independent Marketing Affiliate, regardless of the amount accrued, will be paid at the end of each fiscal year or upon the termination of an Independent Marketing Affiliate’s business.
- Adjustment to Bonuses and Commissions
- Adjustments for Charge Backs
Independent Marketing Affiliates receive bonuses and commissions based on final sales of products and services to end consumers. In the event that FINTEGRI is required to issue a refund, or the buyer institutes a chargeback, the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the upline Independent Marketing Affiliates who received bonuses and commissions on the sales of the refunded products.
- Hard Copy Commission Checks
The Company pays commissions via direct deposit into Independent Marketing Affiliates’ Cryptocurrency eWallet or via direct payment onto a Company provided debit card. When available. There is no charge for direct deposit. I.M.A. acknowledges that all product and services are paid in FINTEGRI COIN at the time of payment and all commissions are paid in FINTEGRI COIN.
All information provided by FINTEGRI 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 electronic check payments, electronic check charge-backs, the information is not guaranteed by FINTEGRI 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. The fullest extent permissible under applicable law, FINTEGRI and/or other persons creating or transmitting the information will in no event be liable to any Affiliate 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 FINTEGRI 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, FINTEGRI 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 FINTEGRI ’s 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 FINTEGRI ’s online and telephone reporting services and your reliance upon the information.
- - DISPUTE RESOLUTION, DISCIPLINARY PROCEEDINGS AND APPLICABLE LAW
- Disciplinary Measures
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 Affiliate 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 Independent Marketing Affiliate’s FINTEGRI business), may result, at FINTEGRI ’s discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition,
- Requiring the Affiliate to take immediate corrective measures,
- FINTEGRI may withhold from an Affiliate all or part of the Independent Marketing Affiliate’s bonuses and commissions during the period that FINTEGRI is investigating any conduct allegedly in violation of the Agreement. If an Independent Marketing Affiliate’s business is canceled for disciplinary reasons, the Affiliate will not be entitled to recover any commissions withheld during the investigation period,
- Suspension of the individual’s Affiliate Agreement and independent business for one or more pay periods without pay,
- Involuntary termination of the offender’s Affiliate Agreement,
- Suspension and/or termination of the offending Independent Marketing Affiliate’s FINTEGRI website or website access,
- Any other measure expressly allowed within any provision of the Agreement or which FINTEGRI deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Independent Marketing Affiliate’s policy violation or contractual breach,
- In situations deemed appropriate by FINTEGRI , the Company may institute legal proceedings for monetary and/or equitable relief.
- Grievances and Complaints
When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective FINTEGRI businesses, the complaining Affiliate should first report the problem to his or her Referrer who should review the matter and try to resolve it with the other party’s upline Referrer. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Affiliate Support Department at the Company. The Affiliate Services Department will review the facts and resolve it.
For claims seeking 5,000.00$ or more that arise from or relate to the Agreement, prior to filing arbitration as set forth below, the parties shall meet in good faith and attempt to resolve such dispute through confidential non- binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. If the Parties cannot agree on a mediator the dispute will go directly to arbitration and shall occur within 60 days from the date on which the mediator is appointed.
The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses Affiliated with conducting and attending the mediation. Mediation shall be held in Philadelphia, Pennsylvania, in the United States of America and shall last no more than two business days.
Any dispute, difference, disagreement, controversy or claim arising out of, in connection with or relating to this Agreement, including any question regarding its existence, negotiation, interpretation, application, performance, validity, breach or termination shall, at the exclusion of any court, be finally settled by a single arbitrator if the value in dispute is less than 100,000$, and by three arbitrators if the value in dispute is equal to or more than 100,000$ under the UNCITRAL Arbitration Rules (as revised in 2010). The appointing authority shall be a Judge of the Superior Court of Pennsylvania sitting in the judiciary district of Philadelphia.
The place of arbitration shall be Philadelphia, USA, and the language of the arbitration shall be English. The arbitral tribunal may award the costs of the arbitration, including the Parties’ reasonable legal fees, disbursements and expenses, its own fees, disbursements and expenses and any other reasonable fees, disbursements and expenses relating to the arbitration.
The Parties undertake as a general principle to keep strictly confidential all information concerning the existence of the arbitration, all awards in the arbitration, all materials in the proceedings created or used for the purpose of the arbitration, and all materials and information produced during the arbitration and not in the public domain – save and to extent that disclosure may be required of a Party by legal duty, to protect or pursue a legal right or to enforce, set aside or apply for annulment of an award in bona fide legal proceedings before a competent court.
The arbitration shall be brought on an individual basis and not as part of a class or consolidated action. This arbitration agreement shall survive the cancellation or termination of the Agreement.
- Applicable law
The law of the State of Philadelphia, Pennsylvania of the United States of America shall govern any matters relating to or arising from the Agreement. If the laws of any jurisdiction impose any requirement that is different from or in addition to those set forth in these Policies and Procedures, then these Policies and Procedures shall be deemed amended in conformance with those laws as to that jurisdiction only.
- Damage Limitation
In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Notwithstanding the foregoing, this Damage Limitation shall not apply to claims alleging the breach of the non-solicitation or confidentiality provisions contained in these Policies.
- - INACTIVITY, CLASSIFICATION, AND CANCELLATION
- Effect of Cancellation
So long as an Affiliate remains active and complies with the terms of the Affiliate Agreement and these Policies and Procedures, FINTEGRI shall pay commissions to such Affiliate in accordance with the Compensation Plan. An Independent Marketing Affiliate’s bonuses and commissions constitute the entire consideration for the Independent Marketing Affiliate’s efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an Independent Marketing Affiliate’s non-renewal of his or her Affiliate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Affiliate Agreement (all of these methods are collectively referred to as "cancellation"), the former Affiliate 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 Affiliate whose business is cancelled will lose all rights as an Independent Marketing Affiliate. This includes the right to sell FINTEGRI products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Independent Marketing Affiliate’s former downline sales organization. In the event of cancellation, Independent Marketing Affiliates 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 Independent Marketing Affiliate’s cancellation of his or her Affiliate Agreement, the former Affiliate shall not hold himself or herself out as a FINTEGRI Affiliate and shall not have the right to sell FINTEGRI products or services. An Affiliate whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
- Cancellation Due to Inactivity
- Reclassification Following Cancellation Due to Inactivity
If an Independent Marketing Affiliate’s Agreement is cancelled for inactivity, the former Affiliate will be re- classified as a Customer.
- Involuntary Cancellation
An Independent Marketing Affiliate’s violation of any of the terms of the Agreement, including any amendments that may be made by FINTEGRI in its sole discretion, may result in any of the sanctions listed in Section 6.1, including the involuntary cancellation of his or her Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed or delivered to an express courier, to the Independent Marketing Affiliate’s last known address, email address or fax number. FINTEGRI reserves the right to terminate all Affiliate 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.
- Voluntary Cancellation
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. If Cancellation is in writing, the Cancellation notice must be submitted to the Company at its principal business address. The written notice must include the Independent Marketing Affiliate’s signature, printed name, address, and Affiliate I.D. Number. In addition to written cancellation, Independent Marketing Affiliates who have consented to Electronic Contracting will cancel their Affiliate Agreement should they withdraw their consent to contract electronically.
An Affiliate may also voluntarily cancel his or her Affiliate Agreement by failing to annually renew his/her Back Office on or before its anniversary date.
It is the express wish of the parties that this agreement, as well as all documents referred to herein, be drawn up in the English language.
- Active Affiliate - refers to the current rank of an Independent Marketing Affiliate, as determined by the FINTEGRI Compensation Plan, for any pay period.
- Affiliate - an independent contractor who has met and continues to meet the eligibility requirements set forth in these Policies and Procedures. Affiliates may purchase FINTEGRI products at wholesale prices and are eligible to earn compensation under the Compensation Plan.
- Affiliate Back Office - the online portal through which Affiliates have access to information and tools helpful to operate their businesses.
- 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 Independent Marketing Affiliate includes the Affiliate Application and Agreement, the FINTEGRI Policies and Procedures, the FINTEGRI Compensation Plan, and the Business Entity Addendum (where appropriate), all in their current form and as amended by FINTEGRI in its sole discretion. These documents are collectively referred to as the "Agreement".
- Compensation Plan - refers to the FINTEGRI overall Compensation Plan.
- Enrolling Referrer - the person who is credited for personally enrolling an Affiliate or Preferred Customer.
- Ethics Committee - the group responsible for reviewing all matters relating to compliance with the Policies and Procedure
- Guidance Documents - the Guidelines, FAQs and other documents that interpret, clarify, and provide additional detail with respect to these Policies and Procedures.
- International Sponsor - is an Affiliate who has qualified to earn commissions for product sales in regions other than the Affiliate’s home region.
- Level - The layers of downline Independent Marketing Affiliates in a particular Marketing Organization determined by the number of Affiliates between them who are related by sponsorship.
- Marketing Organization - An Independent Marketing Affiliate’s Marketing Organization is comprised of the Affiliates who appear in the FINTEGRI genealogy anywhere in the Affiliate’s downline organization.
- Membership Application and Agreement - the document that each Affiliate and Customer is required to sign (either hardcopy or online) in connection with his or her enrollment.
- Non-Solicitation Period - the period during which an Independent Marketing Affiliate agrees not to solicit FINTEGRI Affiliates or Customers to join another business venture. The Non-Solicitation Period begins with the time of enrollment and does not end until one year after the relationship with FINTEGRI ends.
- Placement Enroller - is the person under whom an enrolling Affiliate or Preferred Customer is placed in the Compensation Plan. This person may also be the Enrolling Referrer. Policies and Procedures - the rules and regulations governing the conduct of Affiliates with respect to their independent FINTEGRI businesses, including the Guidance Documents, as may be amended by the Company from time to time.
- Position - the business center held by an Affiliate in the Compensation Plan for purposes allocating commission payments based on those product sales.
- Preferred Customer - is an end user who is eligible to purchase FINTEGRI products directly from FINTEGRI but who has chosen not to participate in the Compensation Plan.
- Products and Services - include any and all products and services presently offered or offered in the future by FINTEGRI .
- Replicated Website – A website provided by FINTEGRI to Independent Marketing Affiliates which utilizes website templates developed by FINTEGRI
- Sponsor - An Independent Marketing Affiliate who enrolls another Affiliate into the Company and is listed as the Sponsor on the Independent Marketing Affiliate Application and Agreement form.