Givers university terms of service policy plus standard operating procedures (S. O. P. ) & additional terms and conditions (T. &C. ) this document is a detailed extension of the IBO initial IBO application and agreement. This is an extension of the IBO (independent business owner) / independent contractor application and agreement, codes of ethics, policies, procedures and standard operating procedures
Please read these terms of service ("terms of service", "terms") carefully before using the givers university websites, and/or online courses (website, "service") or participating in the affiliate system operated by givers university ("us", 'we", "our").
Conditions of use
By using this website, you certify that you have read and reviewed this agreement and that you agree to comply with any and all of its terms. If you do not want to be bound by the terms of this agreement, you are advised to leave the website accordingly. Givers university only grants use and access of its websites, its products, and its services, and participation in its affiliate system to those who have accepted its terms.
Privacy policy
Before you continue using our websites, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Age restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this agreement. Givers university assumes no responsibility for liabilities related to age misrepresentation.
Intellectual property
You agree that all materials, products, and services provided on this website are the property of givers university, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the givers university's intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant givers university a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
User accounts
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Applicable law
By visiting this website, you agree that the laws of the united states of america, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between givers university and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court at the exclusive choice of givers university, and you consent to exclusive jurisdiction and venue of such courts.
Indemnification
You agree to indemnify givers university and its affiliates and hold givers university harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Limitation on liability
Givers university is not liable for any damages that may occur to you as a result of your misuse of our website.
Givers university reserves the right to edit, modify, and change this agreement any time. We shall let our users know of these changes through electronic mail. This agreement is an understanding between [name] and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
Testimonial rights
Any and all givers university and/or give to be great testimonials of any kind whatsoever, not limited to courses, products, recordings, communications, etc. Is the sole and exclusive ownership of givers university. Upon submitting a testimonial, the submitter acknowledges they have received other good and valuable consideration, and therefore, by providing any of the aforementioned, agrees that all of the aforementioned are the sole and exclusive ownership of givers university. The submitter hereby grants givers university and its designees the perpetual, worldwide right to edit, adapt, modify, reproduce, promote, publish, and otherwise use of the aforementioned and/or its contents in any way and in any media for trade, advertising, promotional, and/or any other purposes, as givers university and/or its designees may determine or see fit, without having to seek permission from, and without consideration or notification to any participant or any third party. Givers university may use any or all of the aforementioned at will and at its sole and exclusive discretion. Givers university is the sole and exclusive owner of the aforementioned.
Recordings and releases terms and conditions and agreement
Student, or trainee, or attendee is any person(s) who is a participant or attendee (herein after referred to as participant) who is participating in an event hosted by or provided by a presenter, host, mentor, givers university, EA Csolkovits, or any other presenters, instructors, et all, acting on behalf of givers university, et all, and/or any of their assignees or event partners or event vendors (hereafter referred to as presenter). The participant does hereby consent to the recording(s) and distribution(s) and reproduction(s) of the participant's face or likeness on camera, and voice and video as part of, but not limited to, but to include, the mentoring program entitled the millionaire mentoring for givers, and/or do it with you personal mentoring and/or any other recorded event(s) or training(s), and any other events which the participant attends or is a part of in any way whatsoever and or of any content whatsoever (herein referred to as program). This is to confirm that the participant has agreed to participate in the program. As a condition of publication/broadcast and for no monetary compensation whatsoever, at any time whatsoever, presenter requests the exclusive worldwide rights to reproduce, distribute, and sell the participants oral(s) and/or video(s) presentation(s), and/or recording(s), in whole or in part, in any media(s), as part of any program(s) published and to license these rights to others, in perpetuity. The participant has granted full and unlimited acceptance to these requests. The presenter shall have the unlimited right to record, edit and/or transcribe any part of all of the participants participation. The participant also grants the presenter the nonexclusive right to use the participants name, biography and likeness in connection with the program. The participant warrants that their participation is original with them, that publication/broadcast will not infringe on the rights of others, and that the participant has full power to grant this license. Should the participants participation/presentation/broadcast incorporate copyrighted materials of others, the participant warrants that they have obtained such permission from those parties for publication/broadcast by the presenter consistent with this agreement. By accepting participation(s) and this recoding(s) and release(s) agreement, the participate agrees to all of these terms and conditions. Acceptance of these terms and conditions and this agreement does not obligate the presenter to publish the participants participation. The participant hereby consents to the use of any of their oral(s) and/or their video(s) and or their recorded participation(s) as described and agree to with in all of the provisions of this participation and recording(s)and release(s) agreement.
Standard operating procedures (s. O. P. ) & additional terms and conditions (t. &c. )
(this document is a detailed extension of the ibo initial ibo application and agreement)
Extension of the ibo (independent business owner) / independent contractor application and agreement, codes of ethics, policies, procedures and standard operating procedures
Welcome To Your Worldwide Junto of GIVERS University™
THE FIVE STEPS OF
THE SPIRIT OF GIVERS UNIVERSITY™
G. = GIVE
I. = INSPIRE
V. = VOW
E. = EDUCATE
R. = RESULTS
GIVERS University™ is your Chosen Family of GIVERS which are held together by the 25 DOs and the vow to help and support each other live a life of Predictive, Massive, & Exceptional; Happiness, Freedom, & Greatness.
GIVERS UNIVERSITY™ encompasses all of the above virtues. Our commitment of being GIVERS and helping others has been the Hallmark of our Success. Your Success will be predicated on your personal day to day commitment of “GIVING to Others.”
“The More You GIVE, The More You Gain With GIVERS UNIVERSITY™”
GIVERS University™ Membership and 2-Degree System
Version 11.01.23 = 31 Pages = 76 Sections
STANDARD OPERATING PROCEDURES (SOP) & Terms and Conditions (T&C).
Note: This Document Is a Detailed Extension of The IBO (Independent Business Owner) Initial IBO Application and Agreement, & Membership Rules)
EXTENSION OF THE IBO / INDEPENDENT CONTRACTOR APPLICATION AND AGREEMENT, CODES OF ETHICS, POLICIES, PROCEDURES AND STANDARD OPERATING PROCEDURES, and MEMBERSHIP RULES.
INDEX: QUICK REFERENCE SECTION NUMBERS
1. BECOME AN IBO (INDEPENDENT CONTRACTOR) WITH THE COMPANY
2. INDEPENDENT CONTRACTORS - I.B.O. – INDEPENDENT BUSINESS OWNER DEFINED
3. NO FEES PAID TO ENROLL
4. MOST CURRENT VERSION POLICY
5. GIVER IBO IDENTIFICATION NUMBERS
6. PATRONS: RETAIL CUSTOMERS
7. GIVER POINTS (GP)
8. PATRON
9. GIVER
10. SENIOR GIVER
11. MENTOR
12. SENIOR MENTOR
13. MASTER MENTOR
14. CHANCELLOR MENTOR
15. AMBASSADOR MENTOR
16. RETIREMENT OPTION
17. GIVERS UNIVERSITY JOINT VENTURE MENTOR PARTNER
18. VESTED RECOGNITIONS
19. SPECIAL WAIVER COUPONS: MILITARY & 2ND CHANCE REGULATOR CHALLENGERS
20. MENTORS HIGH VOLUME BONUSES
21. DEFINITIONS
22. POSITION ADVANCEMENT DATES
23. POSTION QUALIFIED FOR DOWNWARD ADJUSTMENT
24. 3 DIFFERENT ACTIVE STATUS FOR ALL IBOs
25. INACTIVE STATUS
26. REACTIVATION
27. VERIFICATION OF RETAIL SALES: PROOF OF RETAIL SALES
28. RETAIL SALES 70 PERCENT RULES AUDIT VERIFICATION PROGRAM
29. IBO MARKETING METHODS
30. COMMISSIONS ARE PAID WEEKLY AND/OR MONTHLY
31. ADVANCEMENT TO HIGHER POSITIONS OF LEADERSHIP
32. BUY AT WHOLESALE AND SELL AT RETAIL
33. COMPRESSION AFTER 3 FULL CONSECUTIVE CALENDAR MONTHS
34. CHARGEBACKS
35. ADVERTISING
36. WEBSITES
37. MEDIA INTERVIEWS, PRESS RELEASES, AND STATEMENTS
38. RECORDING COMPANY EVENTS
39. TESTIMONIALS AND BENEFACTIONS
40. FUNDRAISING STANDARD OPERATING PROCEDURES
41. TRADE FAIRS, EVENTS, FLEA MARKETS, FESTIVALS, CONVENTIONS, SHOWS, ETC.
42. DISBURSEMENT OF PRODUCTS, MEALS, FOODS, ETC.
43. FALSE CLAIMS OR MISLEADING STATEMENTS
44. SETTLEMENT OF DISPUTES
45. LIMIT ON PURCHASES
46. PRIVATE LABEL GP or COMMISSIONS PERCENTAGE ADJUSTMENTS
47. REPACKAGING – PRIVATE LABELS
48. TRANSFER OF RIGHTS
49. SIGNATURE ON FILE (AUTHORIZED ELECTRONIC SIGNATURE)
50. RESPONSIBILITY OF MOST CURRENT VERSION
51. LOGOS, TRADE NAMES, TRADEMARKS, SERVICE MARKS, COPYRIGHTS, ETC.
52. TERMS OF THIS AGREEMENT
53. PMI FEES: PATRONS, MEMBERSHIPS, & IBO SERVICES FEES: PAID ON A PER
COMMISSION PAYMENT ISSUED BASIS
54. QUALIFIED REPRESENTATIVE
55. CHANGING ENROLLER
56. REFUND POLICY AND PERMANENT CLOSING OF ACCOUNT
57. PROCEDURES FOR ALL RETURNS BY IBO
58. RETAIL CUSTOMER REFUND
59. MINIMUM COMMISSION PAYMENT AMOUNT
60. TERMINATION PROCEDURES
61. TERMINATION: CONFLICT OF INTEREST
62. COMPANY GOODWILL POLICY
63. MORALS POLICY
64. ETHICS POLICY – INCLUDES GIVERS 25 DOS
65. ACCOUNT CLOSED
66. BACK ORDERS OR PRODUCT SUBSTITUTIONS
67. NON-CIRCUMVENTION POLICY
68. NON-DISCLOSURE POLICY
69. TESTIMONIAL AND BENEFACTION SUBMISSIONS
70. PRIVATE MEMBERSHIP RULES
71. COMPULSORY CONFIDENTIAL ARBITRATION
72. DETERMINATION OF VENUE
73. ACKNOWLEDGEMENT
74. UNITED STATES ONLY
75. DATE IN FORCE
76. COPYRIGHTS, TRADEMARKS, REGISTRATIONS
For the purpose of this Standard Operating Procedures, Terms and Conditions, and Agreement, The Company and/or GIVERS UNIVERSITY, is referred to as “The Company.” The Independent Contractors A.K.A. Independent Business Owners (IBO), or higher position of leadership, are referred to as an IBO. Every field position or status in The Company is generically referred to in this S.O.P. as an IBO. Every GIVER, Senior GIVER, Mentor, or higher position of leadership in The Company is an IBO. The Company may assign this agreement as it sees fit.
THE GIVERS UNIVERSITY™ STAIRWAY TO THE STARS:
1. BECOME AN IBO (INDEPENDENT BUSINESS OWNER - INDEPENDENT CONTRACTOR) WITH THE COMPANY
A. Must be 18 years of age.
B. An IBO must be personally introduced to The Company by an IBO who is currently Active with The Company to be considered as an IBO.
C. An IBO may be an IBO in either their own name, as a Corporation, LLC, or Trust with The Company. An IBO may not be both an IBO in their own name and a corporation and/or LLC, or Trust (or maintain a simultaneous interest and/or stacking) using two different IBO Identification Numbers. When an IBO uses an “entity” name they must also have a “Personal” Independent Contractors agreement on file with The Company. Any and all participants in the LLC, Corporation or other entity must also have an Individual (personal) IBO application on file with The Company. If an IBO chooses to use an entity to conduct their business; all members of the entity must have both a personal IBO application plus an entity IBO application on file with The Company.
D. See, hear or participate in a web based, phone or other approved IBO Company initial IBO orientation and sign an Independent Contractor agreement.
E. See, hear or participate in a web based, phone or other approved IBO training including forms and compliance IBO information.
F. Be accepted by The Company. The Company may refuse to accept new IBO applicants AT WILL.
G. Upon the one-year anniversary of the IBO application and agreement and upon annual acceptance by The Company, an IBO and The Company may renew the IBO application and agreement on the one (1) year anniversary date of the original application and agreement acceptance date (date accepted by The Company) and effective start date established by The Company. The Company may choose not to renew the IBO agreement on the anniversary date if the IBO has breached or if The Company exercises its AT WILL option in accordance with any aspect whatsoever of these S.O.P.s
2. PRIVATE MEMBERSHIP AND INDEPENDENT CONTRACTORS – INDEPENDENT BUSINESS OWNER (IBO) DEFINED
The Company is a private membership. All members are interviewed and voted into or not into the GIVERS University Membership. All members are required to adhere to any and all membership expectational agreements (either verbal or in writing) which are required by The Company. Any member(s) may be disfellowshipped and/or removed from the membership at the sole and exclusive discretion of the company.
The marketing methods are a 2-tier affiliate Independent (Contractor) Business Owner (IBO) system. The GU marketing methods do not conflict with the fact that The Company is a private membership, and in those instances where it may seem to conflict, the private membership will be the final authority and precedence over the 2-tier affiliate system.
It is understood that The Company IBOs are Independent Contractors responsible for controlling their own time and activities. The relationship to The Company is not one of agency, employment, joint venture, or partnership. The IBO is responsible for all taxes, including personal income taxes, arising by virtue of activities under this agreement. It is acknowledged that The Company provides no state or federal withholdings from commission checks nor supplies any other services customarily associated with an employee-employer relationship. The Company will supply, in accordance with IRS regulation, customary Form 1099 each year reporting commission earnings.
3. NO FEES PAID
There are absolutely no mandatory fees of any kind paid to be an IBO or to advance, or to receive commissions for any and all positions. Participation is based on product sales to the end consumer. All IBOs are Independent Contractors of The Company and are solely responsible for all of their own costs, taxes, licenses, or any and all other costs associated with their Independent Contractorship. There are no fees paid with The Company work in plan.
4. MOST CURRENT VERSION POLICY
To further The Company results (volume performance) and The Company goodwill for all IBOs, The Company at its own exclusive discretion, option, and at its own exclusive will, may from time to time, as it sees fit, update or modify any part or aspect of the marketing and/or sales plan and/or Standard Operating Procedures (SOP), Terms and Conditions (T& C) not limited to but including Policies, Procedures, and Codes of Ethics. All IBOs agree in advance to personally acquire, understand, agree to, and abide by the most current and updated version of all of the aforementioned at all times. The most current version is published and available 24 hours a day and 7 days a week at The Company official online website back office. IBOs may download or request a copy of the most current version at any time if they do not find it online. The activity of placing a product order, or receiving a commission payment, or having a standing monthly product order processed, or enrolling another IBO will serve as a formal acknowledgement that the IBO has reviewed, is in full compliance with, and has agreed to any and all aspects of the most current version of all of the aforementioned.
5. GIVER IBO IDENTIFICATION NUMBERS
All IBOs receive an IBO Identification Number from The Company. This IBO Identification Number must be used with all future written communications with The Company.
6. PATRONS: RETAIL CUSTOMERS
The Company’s program is built upon retail sales to the ultimate consumer. The Company recognizes that IBOs may wish to also purchase product for their own personal or family use. IBOs must fulfill published retail sales requirements, as well as supervisory responsibilities, to qualify for bonuses, overrides or advancements. Any and all commissions, bonuses, rebates, or any other type of compensation to any IBO may only and exclusively based on the sale of products to verified end users.
7. GIVER POINTS (GP)
GIVER POINTS are a figure based on statistical balances and profit received by The Company. GP is an amount (deemed by The Company) as Commissionable Profit from which calculations are made in order to pay IBO commissions and additional bonuses for the volume that they create. GP is not calculated or paid in those instances when The Company does not receive any commissionable profit. Hypothetical Example: 100 GP = 1 Full Case of product. GP value assignment is “entirely and solely AT WILL” of The Company and may be amended or modified from time to time “AT WILL” and at the sole and exclusive discretion of The Company. GP may be modified “AT WILL” by The Company on any and all Private Label Accounts as the sole discretion of the Company.
8. PATRON (RETAIL SALES CUSTOMER)
Qualifications = None
1. Purchase @ Retail Sales Price
Income Opportunities
1. Patron Registry – Registered Patrons receive the following:
a) Patron ID Number.
b) Replicating Website at no cost.
c) 10% Commission for Direct Referral Retail Sales off suggested Retail Price.
i. Get your own Patron referral id number others can use to order and you get referral commissions. Zero cost to get involved.
RISE UP To Next Position: GIVER
9. GIVER: Estimated Goal Time to Qualify: 2 weeks
Qualifications:
1. 3 Different Active Status Requirements for all IBOs:
Minimum GP required to Maintain Active Status/Commissions Active Status/Position Bonus Active Status:
a. For Active Status: Must personally generate a minimum of 50 GP in Retail Sales Volume each calendar month.
b. For Commissions Active Status (receive commissions): Must personally generate a minimum of 100 GP in Retail Sales Volume each calendar month.
c. For Position Bonuses Active Status (receive special bonuses available to a specific position): Must personally generate a minimum of 200 GP in Retail Sales Volume each calendar month.
2. Must be a Patron for a minimum of two (2) weeks.
3. Must attend one (1) Introduction GIVERS University Meeting.
4. Must attend one (1) Business Model Training Meeting.
5. Must have been interviewed, agreed to expectational agreements, and endorsed by:
a) The Enroller. Informal interview and endorsement required.
b) The Mentor. Formal interview and endorsement required.
6. Obtain the START GIVING NOW Training.
Income Opportunities
1. Purchase @ Wholesale Price; Sell @ Retail Sales Price.
2. Reorder Dynamics – Ongoing income for future orders.
3. Free Interactive Product Sampling (In person or remotely): 200 Ways to GIVE Interactive Samples. Any and all Samples MUST BE INTERACTIVE.
4. GIVER Eternal Bonus of 5% GP Retail Sales conducted by personally enrolled 1st degree GIVERS or higher leadership position.
“Degree” Defined: Positional Relationship Person-to-Person
a) Creates a 1:1 1st Degree Personal Positional Relationship
b) When A enrolls B, B now is 1st degree to A.
c) A may receive an up to 5% of GP Retail Sales Commission on all of B’s personal GP Retail Sales volume.
Add the title of GIVER to the front of your name
Submit Letter of Intent to The Company to Advance
RISE UP To Next Position: Senior GIVER
10. SENIOR GIVER: Estimated Goal Time to Qualify: 2 months
Qualifications – Completed qualifications for GIVERS (1 – 6) plus
1. Develop 5 Enrolled GIVERS within your first 2 degrees.
2. Each of these 5 GIVERS must be producing 200 GP Retail Sales each calendar month.
3. Prior to advancement pre-calculation income qualification is a minimum of $500.00 per month
Income Opportunities – Same as GIVER (1 – 4) plus …
1. Commissions
a) 5% on all GP Retail Sales (up to 199 GP Retail Sales) from all 1st and 2nd degree GIVERS.
b) 10% on all GP Retail Sales (200 GP or more Retail Sales) from all 1st and 2nd degree GIVERS.
2. 3 Senior GIVER Achievement Bonuses: $300 total per month
To Qualify for the Senior GIVER Achievement Bonuses:
Senior GIVER with a minimum of 10 - 1st and/or 2nd degree GIVERS each with a minimum of 200 GP Retail Sales each month for two (2) consecutive calendar months may earn two (2) additional bonus payments beginning the 3rd calendar month and for each qualified month thereafter:
1) Samples Bonus for interactive samples = $150/month
2) Self-Improvement Bonus for continuous self-growth = $100/month
3) Awards and Recognition Bonus to recognize and reward their GIVERS: $50/month.
To Maintain and Continue to receive the Monthly Senior GIVER Achievement Bonus each month:
1) The Senior GIVER must maintain the aforementioned Senior GIVER Achievement Bonus minimum criteria each calendar month, to continue to qualify for this bonus each calendar month.
2) The Senior GIVER must personally enroll one new GIVER with a minimum of 200 GP Retail Sales each calendar month.
3) Personal 200 GP is required each calendar month for Senior GIVERS to receive the monthly Senior GIVERS Achievement Bonus.
Add the title of Senior GIVER to the front of your name
Submit Letter of Intent to GU to Advance
RISE UP To Next Position: Mentor
11. MENTOR: Estimated Goal Time to Qualify: 12 months
Qualifications – Completed qualifications for GIVERS and Senior GIVERS plus
1. Must maintain active fully qualified status as Senior GIVER for a minimum of 2 consecutive calendar months (as a Mentor Applicant). During these first 2 consecutive months as Senior GIVER, the Mentor Applicant must obtain the GIVE To Be GREAT Mentor Training. Upon obtaining the GIVE To Be GREAT Mentor Training with the attached Mentor application, the applicant status is raised from Mentor Applicant up to Mentor Candidate upon completion of the 2 consecutive months as a fully qualified Senior GIVER.
2. A Mentor Candidate must develop 30 fully qualified Senior GIVERS of which 5 must be personally enrolled within applicant Mentor’s first 2 degrees. The remaining 25 may be anywhere within the Mentor Candidates Future 2-Tier Units. Each of these 30 Senior GIVERS must each be active and fully qualified each calendar month with a minimum of 200 GP Retail Sales.
3. Mentor Junto Defined: When a Mentor is fully qualified, they now have their own Mentor Junto which includes all of their Patrons, GIVERS and Senior GIVERS included in all 2 tier units to the next fully qualified Mentor.
4. The Mentor Junto Bonus: Only for Fully Qualified Mentors: Receive 25% of GP Retail Sales from all 2 Tier Units of Patrons, GIVERS & Senior GIVERS in the Mentor’s Junto until next fully qualified Mentor.
5. The 2 Tier Unit is defined as A is linked to B is linked to C. When C enrolls D, D is renamed by The Company system. D becomes a new A which starts a new 2 Tier Unit which will consist of a new A linked to B linked to C.
6. Mentor Junto Generations: When a GIVER rises up to become a fully qualified Mentor, they now have their own Mentor Junto consisting of GIVERS and Senior GIVERS within their Mentor Junto to the next qualified Mentor. When a 1st degree GIVER rises up as a Mentor, they now become a 1st generation Mentor Junto of their Mentor and a 2nd generation Mentor Junto to the original Mentor Junto.
Generation Defined: Positional Relationship Mentor Junto to Mentor Junto
7. Prior to advancement pre-calculation income qualification is a minimum of $10,000.00 per month
Income Opportunities
1. Personal Junto Bonus – Receives 25% on all personal Junto GP Retail Sales.
a) Fully qualified active Mentor with a minimum of 30 fully qualified and active Senior GIVERS within the Mentor’s Personal Junto. Each Senior GIVER must produce a minimum of 200 GP Retail Sales each month.
2. 5 High Volume Bonuses: $1,450 total per month (see High Volume Bonuses Qualifications #20 for initial and monthly qualification details)
a) Samples Bonus for Daily GIVER Interactive Samples= $150/month.
b) Self-Improvement Bonus for continuous self-growth = $100/month.
c) Health Insurance Bonus towards your own health insurance plan = $500/month.
d) Car Bonus for your car allowance: $500/month
e) Awards and Recognition Bonus to recognize and reward their Personal Mentor Junto GIVERS and Senior GIVERS: $200/month.
Add the title of Mentor to front of your name
Submit Letter of Intent to GU to Advance
RISE UP To Next Position: Senior Mentor
12. SENIOR MENTOR: Estimated Goal Time to Qualify: 18 months
Qualifications – Completed and maintain (each month) all qualifications for GIVERS, Senior GIVERS, and Mentors plus
1. Must maintain active fully qualified status as a Mentor for a minimum of 2 consecutive calendar months.
2. Develop 1 fully qualified 1st generation Mentor Junto from within their Personal Mentor Junto.
3. Prior to advancement pre-calculation income qualification is a minimum of $12,000.00 per month
Income Opportunities
1. Personal Junto Bonus – Receives 25% on all Mentor Personal Junto GIVERS and Senior GIVERS GP Retail Sales volume.
2. 5% of GP Retail Sales on 1st generation Mentor Juntos.
3. 5 High Volume Bonuses Opportunities after 2 consecutive months as fully qualified Senior Mentor:
3. 5 High Volume Bonuses: $1,775 total per month
a) Samples Bonus for Daily GIVER Interactive Samples: $150/month.
b) Self-Improvement Bonus for continuous self-growth: $125/month.
c) Health Insurance Bonus towards your own health insurance plan: $600/month.
d) Car Bonus for your car allowance: $600/month
e) Awards and Recognition Bonus to recognize and reward their Personal Mentor Junto GIVERS and Senior GIVERS: $300/month.
Add the title of Senior Mentor to front of your name
Submit Letter of Intent to GU to Advance
RISE UP To Next Position: Master Mentor
13. MASTER MENTOR: Estimated Goal Time to Qualify: 3 years
Qualifications – Completed and maintain (each month) qualifications for GIVERS, Senior GIVERS, Mentors, and Senior Mentors plus
1. Must maintain active fully qualified status as a Senior Mentor for a minimum of 2 consecutive calendar months.
2. Develop 3 personal fully qualified 1st generation Mentor Juntos plus 1 fully qualified 2nd generation Mentor Junto from within the Personal Mentor Junto.
3. Prior to advancement pre-calculation income qualification is a minimum of $20,000.00 per month
Income Opportunities
1. Personal Junto Bonus – Receives 25% on all Mentor Personal Junto GIVERS and Senior GIVERS GP Retail Sales volume.
2. 6% of GP Retail Sales on 1st and 2nd generation Mentor Juntos.
3. 5 High Volume Bonuses Opportunities after 2 consecutive months as fully qualified Master Mentor:
4. 5 High Volume Bonuses: $2,300 total per month
a) Samples Bonus for Daily GIVER Interactive Samples: $150/month.
b) Self-Improvement Bonus for continuous self-growth: $150/month.
c) Health Insurance Bonus towards your own health insurance plan: $800/month.
d) Car Bonus for your car allowance: $800/month
e) Awards and Recognition Bonus to recognize and reward their Personal Mentor Junto GIVERS and Senior GIVERS: $400/month.
Add the title of Master Mentor to the front of your name
Submit Letter of Intent to GU to Advance
RISE UP To Next Position: Chancellor Mentor
14. CHANCELLOR MENTOR: Estimated Goal Time to Qualify: 4 years
Qualifications – Completed and maintain (each month) qualifications for GIVERS, Senior GIVERS, Mentors, Senior Mentors, and Master Mentors plus
1. Must maintain active fully qualified status as a Master Mentor for a minimum of 2 consecutive calendar months.
2. Develop 6 personal fully qualified 1st generation Mentor Juntos plus 2 fully qualified 2nd generation Mentor Juntos from within the Personal Mentor Junto.
3. Prior to advancement pre-calculation income qualification is a minimum of $30,000.00 per month
Income Opportunities
1. Personal Junto Bonus – Receives 25% on all Mentor Personal Junto GIVERS and Senior GIVERS GP Retail Sales volume.
2. 7% of GP Retail Sales on 1stand 2nd, generation Mentor Juntos, Confidential “Chancellors Only” Profit Sharing Bonus = (2% of GP Retail Sales on 3rd generation Mentor Juntos).
3. 4 High Volume Bonuses Opportunities after 2 consecutive months as fully qualified Chancellor Mentor:
4. 5 High Volume Bonuses: $2,625 total per month
f) Samples Bonus for Daily GIVER Interactive Samples: $150/month.
g) Self-Improvement Bonus for continuous self-growth: $175/month.
h) Health Insurance Bonus towards your own health insurance plan: $900/month.
i) Car Bonus for your car allowance: $900/month
j) Awards and Recognition Bonus to recognize and reward their Personal Mentor Junto GIVERS and Senior GIVERS: $500/month.
Add the title of Chancellor Mentor to the front of your name
Submit Letter of Intent to GU to Advance
RISE UP To Next Position: Ambassador Mentor
15. AMBASSADOR MENTOR: Estimated Goal Time to Qualify: 5 years
Qualifications – Completed and maintain (each month) qualifications for GIVERS, Senior GIVERS, Mentors, Senior Mentors, Master Mentors, and Chancellor Mentors plus
1. Must maintain active fully qualified status as a Chancellor Mentor for a minimum of 2 consecutive calendar months.
2. Develop 10 Personal fully qualified 1st generation Mentor Juntos plus 5 fully qualified 2nd generation Mentor Juntos from within the Personal Mentor Junto.
3. Prior to advancement pre-calculation income qualification is a minimum of $50,000.00 per month
Income Opportunities
1. Personal Junto Bonus – Receives 25% on all Mentor Personal Junto GIVERS and Senior GIVERS GP Retail Sales volume.
2. 8% of GP Retail Sales on 1stand 2nd generation Mentor Juntos, Confidential “Ambassadors Only” Profit Sharing Bonus = (3% of GP Retail Sales on 3rd and 4th Mentor Juntos, 1% of GP Retail Sales on 5th generation Mentor Juntos).
3. High Volume Bonus Opportunity after 2 consecutive months as fully qualified Ambassador:
4. 5 High Volume Bonuses: $3,000 total per month
a) Samples Bonus for Daily GIVER Interactive Samples: $150/month.
b) Self-Improvement Bonus for continuous self-growth: $200/month.
c) Health Insurance Bonus towards your own health insurance plan: $1,000/month.
d) Car Bonus for your car allowance: $1,000/month
e) Awards and Recognition Bonus to recognize and reward their Personal Mentor Junto GIVERS and Senior GIVERS: $650/month.
Add the title of Ambassador Mentor to the front of your name
16. RETIREMENT OPTION: Estimated Goal Time to Apply: 5 years
Estimated Time to Retiree Candidate: 6 years
Estimated Time to Retiree: 7th year and forward
Submit Letter of Intent to GU to Advance to Retirement Candidate
Retirement Candidate:
Retirement Applicant Qualification: Qualified as a fully qualified Ambassador Mentor earning $50,000/month for 2 consecutive calendar months.
Retirement Candidate Qualification: Qualified as a fully qualified Ambassador Mentor earning $50,000/month ($600,000/year) for 12 consecutive calendar months after the 2 months as a Retirement Applicant (14 months total).
Retiree: After 12 months as a fully qualified and approved by GU as a Retiree Candidate, the Retiree Candidate may apply for full retirement benefits.
Any and all qualifications and criteria must be maintained each calendar month by the Retiree to continue to receive retirement income.
RISE UP To Next Position: Ambassador Mentor (retired) or qualify to be a GIVERS University Joint Venture Mentor Partner.
17. GIVERS UNIVERSITY JOINT VENTURE MENTOR PARTNER: Estimated Goal Time to
Attain: 7-10 years
Minimum To Apply: A minimum of 200,000 active GIVERS in all degrees and generations worldwide extending from the JV Mentor Partner applicant.
1. ENDLESS ADVANCMENT BY PARTNERING WITH GIVERS University.
2. GIVERS University will help set you up, including financial help with starting your own Joint Venture Mentor Partner Division of GU.
18. VESTED RECOGNITIONS
Status: (position recognition color) position recognition method
1. Vested GIVER: (light green) GU logo pin.
2. Vested SENIOR GIVER: (Dark Green) Vest.
3. Vested MENTOR: (Blue) Vest.
4. Vested SENIOR MENTOR: (Silver) Vest.
5. Vested MASTER MENTOR: (Gold) Vest.
6. Vested CHANCELLOR MENTOR: (Purple) Vest.
7. Vested AMBASSADOR MENTOR: (Crimson) Vest.
19. SPECIAL WAIVER COUPONS: MILITARY & 2ND CHANCE REGULATOR CHALLENGERS
1. All confirmed & accepted Military Service Members (past and present) will receive special waiver considerations and discounts.
2. All confirmed & accepted 2nd Chance legal challengers will receive special considerations and discounts.
20. MENTOR HIGH VOLUME BONUSES: ONGOING QUALIFICATION CRITERIA
To apply for High-Volume Bonuses: (Mentors and Higher Leadership Positions)
The applicant must submit a Letter of Intent to receive High-Volume Bonuses to The Company explaining how the High-Volume Bonuses will be used by the bonus recipient. This Letter of Intent to qualify for High-Volume bonuses must be approved by The Company PRIOR TO the 2 consecutive High-Volume Bonuses qualification calendar months to begin. After approval by The Company, the 2 consecutive months qualifications for High-Volume Bonuses may begin starting the calendar month following the Letter of Intent approval month by The Company. High-Volume bonuses will be paid the month after the 2 qualification months have been completed.
Ongoing qualifications and criteria for High-Volume Bonuses
Initial and Monthly Qualifications:
Each calendar month, 30 New fully qualified and enrolled GIVERS each with 200 GP Retail Sales must be enrolled within the Personal Mentor’s Entire Junto (including all A-B-C 2 tier units) each calendar month to receive High-Volume Bonuses each month. These new 30 may be the same 30 which are newly enrolled each calendar month within the 30 Senior GIVERS 2 degrees, which are within the Mentor’s Entire Junto for each of the Senior GIVERS to receive the monthly Achievement Bonuses.
Use of Bonuses as independent business owner building tools:
Any and All High-Volume Bonuses must be used in the ways set forth by The Company. Example: Awards and Recognition Bonuses must be used to provide awards (contests, incentives, etc.) and recognition (achievements recognition) to others within their Personal Mentor Junto. They are not to be pocketed by the member who received the bonus from The Company or to be used in other Juntos other than the member’s Personal Mentor Junto. The same applies for any and all other High-Volume bonuses. It is the sole and exclusive discretion of The Company to immediately stop providing any of these bonuses due to improper bonus use or any other reason whatsoever at the sole and exclusive discretion of The Company. The Company may audit the use of High-Volume Bonuses use by a member at any time upon which time a member must provide proof of High-Volume Bonus usage by the Mentor.
A minimum personal 200 GP is required each calendar month for Mentors and Higher Positions to receive the monthly High-Volume Bonuses.
21. DEFINITIONS
Degrees Defined: Positional Relationship Person to Person
Generations Defined: Positional Relationship Mentor Junto to Mentor Junto
GIVER Members: Consists of the entire member lineage of any and all GU members through any and all degrees and any and all generations extending from the original member.
Subscription Option: Standing monthly order on file with The Company. This monthly order must be processed on a monthly basis by The Company must include a verification of retail sales.
22. POSITION ADVANCEMENT DATES
Position advancements will be retroactive to the first day of the calendar month in which the final approval acceptance for advancement was provided by GU.
23. POSTION QUALIFIED FOR DOWNWARD ADJUSTMENT
Any month in which any IBO/member/leader/Trainer does not fulfil the monthly qualifications and criteria to maintain their current position in the GU business model, the leader is given 2 subsequent full calendar grace months in which to fulfill the qualifications and criteria for their current position. If the IBO/member/leader/Trainer has not begun to fulfill all monthly qualifications by the end of the 2 grace months, the leader’s position, status, and income, may be adjusted downward to the position they are fulfilling all qualifications for at that time at the exclusive will of The Company. This downward adjustment will automatically go into effect the beginning of the 3rd consecutive calendar month, after the initial short fall month. Any and all positions, Status, Income, Bonuses, or any other benefits of any kind whatsoever will all be automatically adjusted downward.
24. 3 ACTIVE STATUS
3 Different Active Status Requirements:
Minimum GP required to Maintain Active Status/Commissions Active Status/Position Bonus Active Status:
a. For Active Status: Must personally generate a minimum of 50 GP in Retail Sales Volume each calendar month.
b. For Commissions Active Status (receive commissions): Must personally generate a minimum of 100 GP in Retail Sales Volume each calendar month.
c. For Position Bonuses Active Status (receive special bonuses available to a specific position): Must personally generate a minimum of 200 GP in Retail Sales Volume each calendar month.
These retail sales volumes will be confirmed by The Company through the combination of both of the Auto-Tithing and Verification of Retail Sales according to The Company 70/30 rule.
Active Status is required to maintain IBO Active Status. Active Status is required for, but not limited to, maintaining current and future status, position, sales organization built, commissions of any kind, incomes, benefits, incentives, contests, special program participations, and higher positions of leadership.
Active Status is a condition of doing business with and being an IBO with the company.
25. INACTIVE STATUS
The IBO will be considered at Inactive Status by The Company, if the retail sales volume criteria (defined in #24 above) is not met each calendar month. An IBO with an Inactive Status will immediately forfeit any and all future commissions and any and all future benefits associated or to be derived from their IBO relationship et all with The Company whatsoever.
If Active Status is NOT maintained for 3 consecutive calendar months; the IBO account is automatically closed. When an account is closed the IBO immediately forfeits; not limited to, but including any and all due, current and future status, position, sales organization or IBOs enrolled or built, commissions of any kind, incomes of any kind, benefits of any kind, incentives of any kind, contests of any kind, private label enrollment or commission income of any kind, special program participations of any kind, and higher positions of leadership. Any and all benefits of any kind whatsoever are immediately forfeited.
26. REACTIVATION
When an IBO would like to become active again, or renew their active status, they may reapply with The Company. The acceptance of this reapplication is strictly “at will” on the part of The Company and The Company may approve or not approve the reactivation application of the IBO on a personal application by application basis. The IBO accepts in advance that they automatically agree to the final determination of this “at will” clause of The Company.
27. VERIFICATION OF RETAIL SALES: PROOF OF RETAIL SALES
A. In order to obtain the right to earn commissions or bonuses on the GIVER PROFIT SHARING (GPS) of products sold an IBO must make a minimum of one sale at retail to each of 12 different customers that month and produce proof of such sales to The Company, by sending 12 different retail customer receipts and one monthly sales report (or the verification of retail sales form) each calendar month or provide proof of product consumption. If such IBO fails in any month to make said retail sales or provide proof of product consumption and/or to produce proof of making such sales or provide proof of product consumption, then he/she may be denied commissions and bonuses for that month, and may lose all enrollment rights. This rule shall apply to an IBO as long as he/she retains their Active Status. Upon request of The Company, any IBO must provide proof of retail sales or provide proof of product consumption.
B. All IBOs may, as a “Proof of Retail Sales and Active Status” option, participate in the Auto Delivery Option (A.D.) “standing order” program with proof of retail sales or consumed product as per The Company 70/30 retail sales rule in lieu of sending in actual retail sales receipts each calendar month. The Verification of Retail Sales Form may be re-used (automatically repeated monthly and maintained on file by The Company) by the IBO each month at their will.
28. RETAIL SALES 70 PERCENT RULES AUDIT VERIFICATION PROGRAM
Verification of Retail Sales (V.O.R.)
A. IBO Independent Contractors may not under any circumstances, purchase from The Company any products, supplies, programs, or services of any kind which may exceed a cumulative total of $499 in costs within the first 6 months after the Independent Contractors’ start date with The Company unless qualified to do so under the 70/30 rules.
B. The Company sales are based upon retail sales to the ultimate consumer. Every aspect of the system is designed to assist our IBOs in the marketing of high quality products and services to the general consuming public. As a dual consumer safeguard, of the utmost importance to The Company is the policy that IBOs may not cause others to purchase products in amounts that are not reasonably expected to be sold to the consuming public or in reasonable amounts for personal or family use. In furtherance of these policies, The Company has adopted specific rules on retail sales and retailing referenced as The Company retail 70 percent rules. In the interest of protecting the consumer and opportunity of its IBOs, The Company enforces these rules and the purpose of the verification is to assist in the verification and compliance with the rules.
C. As with other leading direct selling companies, The Company has adopted the 70 percent rules. Under these rules, company IBOs may not order any additional products unless they have sold at retail or used for personal or family use at least 70 percent of previously ordered and/or inventory type products. The verification is also intended to support the 70 percent policy.
D. In its effort to support and enforce the retail sales 70 percent rules, The Company on a quarterly basis may conduct random audit verification follow-ups. Representatives of The Company will contact IBOs to further verify compliance with the retail sale 70 percent rules. IBOs should maintain records and be prepared to assist company representatives in their task. The 70 percent rules “non participant retail sales verification” must be submitted with or on each product order form submitted by the IBO. Any product orders submitted without verification of retail sales with the product order may not be accepted by The Company.
E. The verification of retail sales form containing each end consumers name and the quantity of product sold (or consumed) to each consumer must be attached to each product order submitted to The Company.
F: The IBO may choose to have a Verification of Retail Sales form on file with the company. At the option of the IBO (and to ease redundant paperwork) this same Verification of Retail Sales form may be kept on file with The Company and it may be re-used each calendar month as proof of retail sales.
29. IBO MARKETING METHODS
Certain products (not limited to but including private label companies) may only be marketed in certain ways under certain pre-approved circumstances, pre-approved marketing verbiage, and pre-approved conditions. All IBOs agree to follow any and all marketing parameters, methods and conditions established at the exclusive option of The Company. Any and all marketing methods whatsoever must be pre-approved by The Company. Unapproved marketing methods are grounds for immediate termination from The Company. This is “At Will” of The Company.
30. COMMISSIONS ARE PAID WEEKLY AND/OR MONTHLY
All commissions are paid either weekly or monthly only to qualifying Active IBOs.
Monthly (GP) Commissions are paid on or before the 21st of the month following the calendar month in which the sales volume occurred. All commission payments must be cashed (or processed) within 90 days of payment date. All commission payments are void after 90 days after the date on the commission payment date.
31. ADVANCEMENT TO HIGHER POSITIONS OF LEADERSHIP
An income pre-calculation is conducted by The Company prior to a position advancement approval by The Company. This is to verify that upon advancement of the applicant, their new position will increase the applicant’s income, equal to or exceeding the required qualification monthly income amount for the new advanced to position. If this pre-calculation is less than the required monthly income qualification to advance, the applicant must increase their GP Retail Sales volume to meet this minimum monthly income qualification criteria.
All advancements to higher positions of leadership must be approved by The Company.
All Advancements become effective retroactive to the first of the calendar month in which all qualifications have been met and the advancing leader has been approved by The Company for advancement.
All advancements are approved on an individual, case by case basis and may be approved or NOT approved at the exclusive option of The Company. No Advancements are automatic. The minimum volume and activity requirements are only one part of what may be required to be accepted to rise up and advance into any position within The Company 2 tier Stairway to the Stars system. All criteria are on an individual person by person basis. All required criteria will differ from person to person. A rise up interview and endorsement must be conducted prior to any rise up advancement approval from The Company.
32. BUY AT WHOLESALE AND SELL AT RETAIL
The difference between wholesale cost and retail price is an IBOs retail profit.
33. COMPRESSION AFTER 3 FULL CONSECUTIVE CALENDAR MONTHS
Should an IBO fail to personally retail, maintain active status, or have personally consumed the required amount of product for 3 consecutive calendar months, all his/her personal enrollments will permanently move up to the next up line Active IBO. To maintain active status, all IBOs or higher positions of leadership must be in compliance with all Active Status requirements including providing proof of retail sales or consumed product each calendar month as required by The Company. The amount of the retail sales receipts or proof of consumed product must be equal to or greater than the amount of product required to be retailed for their status with The Company each calendar month. All compressions are permanent.
34. CHARGEBACKS
In the event that an IBO is paid (or pre-paid) any sum(s) and/or any commission(s) for any product(s), service(s), override(s), organizational override(s), rebate(s), or payment(s) from The Company etc., which results in a refund(s), chargeback(s), overpayment(s), or over pre-payment(s) to the IBO, or the IBO makes any underpayments to The Company, for any reason whatsoever, but not limited to, product orders, shipping, handling, and/or processing, the IBO agrees in advance, and GIVEs its advance consent to The Company to deduct 100% of the amount owed to The Company out of subsequent commission payment(s).
If the IBOs commission payment(s) do/does not equal the amount owed to The Company and/or (at the sole exclusive discretion of The Company) The Company chooses to collect the amount owed directly from the IBO, the IBO agrees in advance to pay (directly to The Company) 100% of the amount owed to The Company immediately upon the IBO receiving notice of same from The Company.
A $35.00 fee will be charged for any payments which are un-processable due to, but not limited to, non-sufficient funds (NSF).
35. ADVERTISING
A. Any advertising in any form, including but not limited to, business cards, stationery, ads, directories, listings, newspapers, internet, internet landing pages, web sites, web pages, web links, Blogs, etc., radio, television, other broadcasts or postings of any kind whatsoever, flyers, brochures of any kind, anything printed, heard or seen, which represents The Company or will be used for Company business in any way, must be approved in writing PRIOR to usage. Using any advertising without prior written approval will serve as grounds for immediate termination from The Company.
B. The Company will use its best efforts to provide direct email functions to and on behalf of IBOs, but is not responsible for the ultimate delivery and/or timeframes of same. The Company has a strict anti-spam policy and will not hesitate to pursue whatever recourse necessary to enforce this policy. “Spam” or “Spamming” also known as Unsolicited Commerce E-Mail (UCE) and Unsolicited Bulk E-Mail (UBE) is herein defined as the broadcasting of mass quantities of unsolicited e-mail to individuals and/or unsolicited e-mail or postings to news groups through any network or server or any portion thereof. Violation of the anti-spam policy will serve as grounds for immediate termination from The Company. The Company reserves the right to determine what violates this policy.
36. WEBSITES
Active IBOs may use The Company pre-provided replicating websites to conduct their online business and e-commerce.
Private Label Website Policy: A pre-approved and pre-authorized Private Label Account may have a website. A pre-approved and pre-authorized Private Label Account may also use e-commerce because their Product Label is personalized and functions outside of and will not interfere with the sales territory boundaries of The Company sales system. This website, sales marketing methods, marketing representations, and product pricing, must be pre-approved by The Company or The Company products may not be listed in any way on the Private Label Company website. Any verbiage that is used on the Private Label website, which is not pre-approved by The Company will be grounds for automatic termination of the Private Label Account. The Company may at its own will and discretion, request (from time to time) that the Private Label Company make certain changes or modifications to their website or sales methods regarding The Company products. Any changes to the Private Label website that may be required by The Company from time to time must be made within 5 business days upon the request being made by The Company. If said changes or modifications are not made within 5 days, The Company may immediately terminate the Private Label Account.
37. MEDIA INTERVIEWS, PRESS RELEASES, AND STATEMENTS
Only authorized company officers and those authorized to speak for The Company may GIVE interviews (including answering a question of any kind under any circumstance), provide information or press releases to the media for or on behalf of The Company. An IBO may not do so, unless written authorization from The Company has been provided to the IBO in advance. Providing information to the media which has not been pre-approved by The Company is grounds for immediate and permanent termination from The Company.
38. RECORDING COMPANY EVENTS
Any and all orientations, discovery meetings, briefings, conferencing platforms, trainings, or any other gatherings or gathering platforms where two or more are participating, where company information is being disseminated, discussed or presented is considered a company event. These events are by invitation only and therefore proprietary in nature. Any and all duplicating, documenting, or recording not limited to any and all forms of pictures, or audio, visual, video, print or any other media is strictly prohibited, unauthorized and unlawful unless approval for same is received in writing from The Company prior to the event occurring.
39. TESTIMONIALS AND BENEFACTIONS
Any and all GIVERS University and/or GIVE To Be Great Testimonials or Benefactions of any kind whatsoever, not limited to any courses, any products, any services, any recordings, any communications, etc. is the sole and exclusive ownership of The Company (GIVERS University). By submitting a testimonial or benefaction of any kind whatsoever, the submitter, has acknowledged that they have received other good and valuable consideration, and therefore, by providing any of the aforementioned, agrees that all of the aforementioned are the sole and exclusive ownership of GIVERS University. The submitter hereby grants GIVERS University and its designees the perpetual, worldwide right to edit, adapt, modify, reproduce, promote, publish, or reassign ownership of same, and otherwise use of the aforementioned and/or its contents in any way and in any media for trade, advertising, promotional, and/or any other purposes, as GIVERS University and/or its designees and/or assignees may determine or see fit, without having to seek permission from, and without consideration or notification to any participant or any third party. The Company (GIVERS University) may use or assign or reassign any or all of the aforementioned “AT WILL” and at its sole and exclusive discretion. GIVERS University is the sole and exclusive owner of the aforementioned.
40. FUNDRAISING STANDARD OPERATING PROCEDURES
In order to fairly assist an organization or entity to raise funds; The Company reserves the exclusive right to be the final authority regarding the establishment of any and all organizational structure, lineage or enrollment order for any and all fundraising activities conducted by any IBO. The Company reserves the exclusive right to be the final authority and settle any and all fundraising disagreements or disputes of any kind whatsoever that may arise.
41. TRADE FAIRS, EVENTS, FLEA MARKETS, FESTIVALS, CONVENTIONS, SHOWS, ETC.
An IBO may display and or promote The Company and its product and concepts at these types of events, using only pre-approved sales aids, displays, any media and literature, et al. Any and all booth items, displays, signs, banners, pass outs or any other media, etc. of any kind whatsoever, must be pre-approved in writing from The Company prior to being used at any event. Using any media of any kind whatsoever prior to receiving written pre-approval from The Company are grounds for immediate termination by The Company.
42. DISBURSEMENT OF PRODUCTS, MEALS, FOODS, ETC.
The Company reserves the exclusive right to direct “at its exclusive will” and to be the final authority regarding the releasing, delivery, disbursing, contributing or in any way making available in any way whatsoever any and all meals or foods of any kind whatsoever to the hungry, poor or any other recipients of any kind whatsoever or whomever. Only The Company may make the final decision as “to whom” and “how” and “when” any and all meals and/or food will be made available in any way whatsoever. The Company is the final and only authority on any and all product accumulation, kinds of products and foods, and disbursements of same.
43. FALSE CLAIMS OR MISLEADING STATEMENTS
A. IBO shall make no claim or warranty of any kind, but not limited to any claims of earnings, medical or health benefits of any products. The Company recommends that any person under continued care of a physician, consult with this physician before and prior to undertaking dietary changes of any kind whatsoever. IBOs may only represent and state the aforementioned.
B. The Company recommends that every person consults a physician prior to making
any changes to their dietary intake. The Company products do not cure diseases, cannot be considered medical treatment, are not to be taken to prevent disease and are not intended to affect the structure or any function of the body. The Company products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease of any kind whatsoever. IBOs may only represent and state the aforementioned.
C. An IBO may not make or provide any false or misleading verbal or written statements or information. The IBO fully indemnifies and holds The Company; it’s officers, employees, vendors, manufacturers, suppliers, and representatives, harmless and accepts full responsibility from any such actions including any and all legal fees and/or costs to enforce this policy or all of its parts.
D. The Company’s products are not to be represented as having any medical value
and no claims are to be made regarding pharmaceutical use. The Company’s products are not to be prescribed to treat or cure any disease or condition. The IBO certifies the accuracy of all information provided to The Company and agrees that providing false and misleading information authorizes The Company, at its sole election, to declare this agreement void from its inception and immediately terminate the IBO. IBOs may only represent and state the aforementioned.
44. SETTLEMENT OF DISPUTES
The Company reserves the sole and exclusive right to settle any and all disputes between IBOs and to be the final authority involving any and all members, any and all customers, any and all IBOs and any and all higher levels of leadership in The Company. The Company is the single and only final authority in any and all disputes involving any of the aforementioned.
45. LIMIT ON PURCHASES
IBOs, may not under any circumstances purchase from The Company any products, supplies, memberships, or services of any kind, which exceed a cumulative total of $499 in costs within the first six months after the IBO’s start date with The Company unless the IBO is in full compliance of the retail sales 70 percent rules and can provide verification of same.
46. PRIVATE LABEL GP or COMMISSIONS PERCENTAGE ADJUSTMENTS
A. It is pre-agreed upon by all IBOs, that it is the sole and exclusive option and right of The Company (at will) to private label and/or license any or all of its products or services for other individual(s) or organization(s) or company(s) which qualify. In order for the new private label client to become profitable and also pay for its additional operational overhead expenses, (office, staff, warehouse space, advertising, computers, etc.). The Company reserves the exclusive right and therefore, at its own exclusive discretion, will adjust down the GIVER POINTS (GP) amount and/or Commissions Percentages to be paid and adjust as it sees fit, the commissions (GP) paid on a per case basis to anyone, any entity, or joint venture partnership of any kind which would be paid income or commissions for any reason whatsoever on a Company approved private label account. Any and all pricing and any and all adjustments will be different based on each specific private label instance. Any and all dollar amounts paid or adjusted, any and all start dates, any and all parameters and any and all criteria on private label agreements are all at the exclusive and sole discretion of The Company. At the exclusive option of The Company, The Company name and/or The Company logos may or may not appear on the private label products.
B: All Commissions on Private Label product orders are paid the month following the full delivery of the product order to the Private Label Account. Private Label Accounts must have acknowledged and accepted full delivery of the product order prior to Commissions and GP payout. Private Label product orders will be entered into the IBO back office account after the full product order has been delivered to, received by, and accepted by the Private Label Account.
47. REPACKAGING – PRIVATE LABELS
A. It is understood that IBOs may not alter, repackage, re-label, or otherwise change any Company product, nor sell any such product under any name or label other than that which is pre-authorized and pre-approved in writing by The Company. Repackaging or relabeling may be allowed by The Company to Private Label Accounts only in the instances where it is pre-approved in writing by The Company in writing. All Private Label Accounts are also IBOs with The Company and must abide by any and all aspects of the most current version (which may be updated from time to time) of this Company Standard Operating Procedures (SOP), Terms and Conditions (T& C), and Agreement at all times as an extension of their IBO application and agreement on file with The Company.
B. Any and all representations made by a Private Label Company is their exclusive 100% responsibility. The Private Label Company agrees in advance that any and all representations of any kind whatsoever including but not limited to product labels, brochures, advertising, verbal representations et all are the full responsibility of the Private Label Company and or the representatives of the Private Label Company. The Private Label Company and any and all of its representatives holds The Company (GIVERS University), its officers, agents, manufacturers, vendors, suppliers, and IBOs, 100% harmless from any and all representations of any kind whatsoever which the Private Label Company or its representative make.
C. The Company reserves its exclusive right to continue (at its own option) to make products available to a Private Label Account. The Company may cancel a Private Label Account at any time as sees fit to properly protect The Company products and representations et all. The cancelling of a Private Label account is at the exclusive “at will” option of The Company at any time and for any reason it sees fit. Cancellation of a Private Label Account is “at will” of The Company.
D. It is pre-agreed in advance by the authorized Private Label Company that any and all Private Label Product Sales are NON-REFUNDABLE. Any and All Private Label Product Sales Are Final. This NO Refund on Private Label Product Sales Policy is because the Private Label Company may switch out the product label with their own Company Product Label.
48. TRANSFER OF RIGHTS
It is agreed that IBOs may not convey, assign or otherwise transfer any rights arising hereunder without the prior written consent of The Company. Transfer may take place ONLY when pre-approved and pre-authorized by The Company.
49. SIGNATURE ON FILE (AUTHORIZED ELECTRONIC SIGNATURE)
When The Company’s products are paid for by, but not limited to, Visa, MasterCard (or other authorized debit or credit card) or electronic (draft, ACH or wire) method, the signature on the Independent Contractor Agreement hereby constitutes “signature on file” authorization to process any order placed to those accounts and authorization for The Company to use the signature as “Electronic or Manual Signature on file.” Web based electronic acceptance will also constitute a signature on file.
50. RESPONSIBILITY OF MOST CURRENT VERSION
A. All IBOs agree in advance that it is their own sole responsibility to acquire, understand and agree to, be in compliance with, and abide by, the most current version of The Company SOP.
B. Additional Acknowledgement of Preferred Customer and/or IBO:
To further The Company results (volume performance) and The Company goodwill for all IBOs, The Company at its own sole exclusive option, and at its own sole exclusive will, may from time to time, as it sees fit, update or modify the Sales Plan, Standard Operating Procedures (SOP), not limited to but including Policies, Procedures, and Codes of Ethics. All IBOs agree in advance to personally acquire, understand, agree to, be in full compliance with, and abide by the most current and updated version of all of the aforementioned at all times. The most current version is published and available 24 hours a day and 7 days a week at The Company official online website. IBOs may download or (if the SOP and T&C is not posted online) request a copy of the most current version at any time. The activity of placing a product order of any kind, or receiving a commission payment of any kind, or having a standing monthly A.D. product order processed of any kind, or enrolling a preferred customer on enrolling another IBO will serve as a formal acknowledgement that the IBO has fully reviewed, is in full compliance with, and has agreed to any and all aspects of the most current version of all of the aforementioned.
By placement of a product order or monthly product order, or by accepting payment of any commissions, the IBO acknowledges and confirms receipt of The Company’s most current version of the sales system, Standard Operating Procedures, Terms and Conditions, Policy and Procedures, Code of Ethics and the Compensation Plan, all of which constitute a portion and extension of their IBO agreement and all of the parts and sections of this full document. It is the responsibility of each IBO to acquire, read, or have read to them and understand the intent of this agreement and all extensions hereto. The IBO agrees to any and all aspects of the most current version(s) as a whole and each part individually and therefore agrees to abide by any and all terms of this agreement, Standard Operating Procedures (SOP), T&C, policies and procedures, codes of ethics, and operating procedures as well as the Policies and Procedures, and Codes of Ethics, any and all programs, systems, methods, distribution systems and any and all amendments or modifications that The Company chooses to make at its exclusive will and option in the future.
51. LOGOS, TRADE NAMES, TRADEMARKS, SERVICE MARKS, COPYRIGHTS, ETC.
The Company owns the exclusive worldwide rights to use any of its Logos, Trade Names, Trade Marks, Service Marks, Intellectual Properties, TV Show Concepts, Copyrights, and Territories, etc. in any way it sees fit. Any of The Company’s concepts, systems and intellectual properties and any and all of the aforementioned are owned exclusively by The Company. No parts of the aforementioned may be reproduced, changed, used or distributed without the prior written pre-approval from The Company. IBO may not copy any company literature whatsoever not limited to The Company 14 week BE course or any other Company materials whatsoever without the prior written pre-approval from The Company. All worldwide Copyrights and all worldwide rights are reserved. The IBO agrees not to infringe on any of the aforementioned. Infringement is grounds for immediate termination from The Company. Certain Intellectual Properties, Programs, Products, Services, Plans or Other Programs may have been licensed or sub-licensed to The Company or any of its divisions or assignees, ET all. The Company may re-assign any and all of the aforementioned at is sole and exclusive right and option.
52. TERMS OF THIS AGREEMENT
The IBO may terminate his/her agreement with The Company at any time by providing 30 days advance written notice to The Company.
The term of this agreement will be for one (1) year. The IBO must reapply to renew this agreement each year thereafter. The re-application process will be conducted each year. Agreement acceptance and renewal each year is subject to “AT WILL” approval by The Company. If the agreement renewal is NOT accepted by The Company, the IBO account will be automatically closed. Renewal of the IBO application and agreement is at the sole discretion and AT WILL of GIVERS University.
The agreement may be renewed (if accepted and approved by The Company) each year thereafter unless the IBO inactivates (is no longer active as per active status policy) or is in violation of any part of The Company Sales Plan, Standard Operating Proceedures (SOP), or T&C in which case The Company at its exclusive option may exercise an “at will” option to terminate and/or NOT renew the application and agreement of the IBO at any time it sees fit. This (exclusive to The Company) “at will” option on the part of The Company is hereby agreed to in advance by and upon by all parties. An IBO who wishes to continue this agreement each year must reapply to renew this agreement each year. Agreement renewal is subject to The Company approval.
53. PMI FEES: PATRONS, MEMBERSHIPS, & IBO SERVICES FEES: PAID ON A PER COMMISSION PAYMENT ISSUED BASIS
The Company provides Patron Nurturing for Retail Customers, Membership services, & IBO services (PMI) to all IBOs. This includes but is not limited to, the nurturing of Patron Retail Customers, tracking within the 2-tier affiliate system, family tree tracking, product order and commissions calculations, commissions payments, Annual Form 1099s, etc.
Upon the one-year anniversary of the IBO application and agreement and upon acceptance by The Company, an IBO and The Company may renew the IBO application and agreement on the one (1) year anniversary date of the original application and agreement acceptance date (date accepted by The Company) and effective start date established by The Company.
Patrons, Memberships, IBO Services Fees: Rather than having a one-time large annual fee each calendar year, The Company receives the PMI Fees in smaller increments throughout the calendar year each and every time a commission is paid.
PMI FEES SCHEDULE:
Patrons: $0
GIVERS: $1.00
Senior GIVERS: $5.00
Mentors: $10.00
Senior Mentors: $12.00
Master Mentors: $20.00
Chancellor Mentors: $30.00
Ambassador Mentors: $50.00
PMI fees may be changed at will by The Company at any time in the future it sees fit for any reason whatsoever. Any month in which an IBO does not earn commissions, there are no PMI Fees due or paid that calendar month.
These payments are for Patron support, IBO support, administration and processing services provided to the IBO by The Company or its vendors and will automatically be due and payable from the IBO to The Company each time a commission is paid. This membership fee will automatically be deducted from each commission payment. This PMI Fees payment is required to maintain Active status with The Company. An IBO account will be automatically closed if the PMI Fees are not paid by the IBO.
Any and all PMI Fees are to be paid by the IBO to The Company each and every time a commission is paid to the IBO. The Company must pay 100% of these ongoing PMI payments to The Company’s vendor or service provider (as per The Company’s agreements with its service providers and / or vendors) which provide any and / or all of aforementioned support to and for The Company and its IBOs. This policy may not be changed by The Company without the advance prior written approval of The Company’s service provider or vendor as per the service provider and / or vendor agreements between The Company and its vendors and / or service providers.
54. QUALIFIED REPRESENTATIVE
In the event of a death or disability of an IBO, The Company will accept the application of a qualified heir or personal representative who can meet the requirements, not limited to but including performance and sales requirements, of the Independent Contractor Application and Agreement, Sales System, SOPs, Policies and/or Procedures and Code of Ethics. All applications must be acceptable to The Company Board of Directors. The Company may approve or disapprove qualified heir or personal representative applications at its sole discretion.
55. CHANGING ENROLLER
Changing an IBO’s Enroller is NOT allowed except when an IBO resigns and then waits six full calendar months prior to rejoining with a new Enroller. When the IBO rejoins, he/she rejoins and forfeits their previous status, previously built organization and would start as a “new IBO” and start at the new IBO status. If an IBO chooses to change enrollers, the IBO will immediately forfeit any and all previously build organization, or future earned incomes, pays, rewards, incentives or other benefits of any kind and at any time in the future whatsoever from the previously built and therefore forfeited organization or personal incomes, etc. The IBO effectively starts over again in every way. This policy is provided to discourage enroller jumping.
56. REFUND POLICY AND PERMANENT CLOSING OF ACCOUNT
A refund of any kind whatsoever is an automatic permanent closing of an IBO account and formal disfellowship from The Company, GIVERS University, and its Membership. Upon closing of the IBO account, the IBO immediately forfeits any due, current or future benefits of any kind whatsoever, not limited to, but including any current or future: incomes, pays, rewards, founder program participations, other incentives, or benefits et all. After a refund has been provided by The Company to the IBO, the IBO MAY NOT REJOIN The Company in the future at any time whatsoever. The IBOs account is PERMANTENTLY CLOSED and may not be reopened at any time in the future.
Private Label Product Sales are NON-REFUNDABLE. Any and All Private Label Product Sales are final. This NO Refund on Private Label Product Sales Policy is because the Private Label Company may switch out the product label with their own Company Product Label.
It is pre-agreed by the IBO in advance that any and all product refunds are made
minus all of the following costs:
A: Any and all order payment processing fees paid out by The Company
B: Any and all shipment processing fees paid out by The Company to process or fill the product order being refunded.
C: Any and all shipping costs paid for transportation of the product either originally to the IBO or back to The Company from the IBO.
D: Deduction of the standard 10% restocking fee.
E: Any and all commissions paid by The Company to other IBOs regarding the product order being refunded
Upon written cancellation of the IBO Agreement, or the “closing of the account” of the IBO, the IBO may return inventory and sales aids for a refund (minus all of the aforementioned deductions) if he or she is unable to sell or use the merchandise. An IBO may only return products and sales aids purchased by him or her, which are current, and in reusable and resalable condition. All returned product must be within their company approved shelf-life dates. Dented, abused or questionable product will not be accepted for a refund by The Company. Upon receipt of the products and sales aids, the IBO will be reimbursed 90 percent of their actual Wholesale IBO cost of the original purchase price(s) less appropriate aforementioned set-offs which include but are not limited to, (all of the aforementioned) shipping and handling, sales tax, all commissions, all bonuses and all rebates paid by The Company as the result of product purchases made by the IBO and purchased from The Company. All IBOs agree to personally pay, repay, and/or accept commission charge backs due to an authorized product refund. If the purchases were made by credit card, the amount of the refund will be credited back to the same account or refunded by appropriate payment method at the option of The Company.
Any products certified as sold under the 70 percent rule shall NOT be subject to this product inventory repurchase policy. No refunds or replacement of product will be made if any of these conditions or rules are not met. The receipt of a refund will automatically release The Company et al from any and all claims whatsoever. All IBOs accept and pre-agree in advance to this release as a part of The Company’s Marketing System.
Required Refund Agreement:
After all of the aforementioned conditions have been met; The Company will prepare a final settlement refund agreement. It is pre-agreed by all parties that this agreement must be signed and dated and sent back by the IBO and accepted by The Company in order for the IBO to receive their refund.
Refund Payment Time Frames of 4 – 8 weeks
After all of the aforementioned conditions (including the signed and dated required refund agreement and return of product in satisfactory condition) have been adhered to; the refund payment will be made by The Company within 4-8 weeks after ALL of the aforementioned conditions (including the refund agreement) have been received and accepted by The Company.
57. PROCEDURES FOR ALL RETURNS BY IBO
A. All merchandise must be returned by the IBO who purchased it directly from The Company.
B. Products are not considered current or resalable; if returned unusable, if it is Private Label Company product, or returned after the product’s commercially reasonable shelf life has passed or if The Company has clearly stated prior to the purchase that the products are seasonal, discontinued or special promotion products which are not subject to the repurchase obligation.
C. An IBO must submit a written request for a refund.
D. The returned merchandise must have a copy of the original wholesale order form with it. Private Label Company Accounts may NOT return product at all.
E. The unused portion of the product must be in its original container. No refunds or replacement of product will be made if the conditions of these rules are not met.
58. RETAIL CUSTOMER REFUND
A. If a Retail Customer is dissatisfied with the product for any reason, the IBO must refund the full purchase price. The Company will issue a credit memo to the IBO in an amount equal to that which was refunded less any commissions received.
B. Any commission paid to the IBO will be refunded, by them, to The Company. All products retailed are sold with a 100% money back guarantee. The Company will refund the wholesale cost (less Commission and or any shipping and/or other costs) on one box/container, etc. (retail size) of any Company product. All Retail Customer refunds must have the following attached:
1. Written request for a refund.
2. Copy of the Retail Sales Receipt, including name, address, and phone number of
the Retail Customer.
C. Unused portion and the box/container, etc. (empty boxes/partial boxes or containers or empty containers will not be accepted.)
D. No refunds or replacement of product will be made if the conditions of these rules are not met.
59. MINIMUM COMMISSION PAYMENT AMOUNT
There will be a minimum payment amount. Any amount less than $1.00 will be held and paid during a future bonus period. This is known as a balance forward.
60. TERMINATION PROCEDURES
A. Any communications from the offending participant must be addressed to The Company Board of Directors.
Excluding those offenses which call for immediate termination or immediate closing of the IBO account by The Company, the following will apply to all IBOs:
B. First Offense:
On the first occasion that a participant is found to be in violation of any of The Company’s Sales System, S.O.P., Terms and Conditions, Policies and Procedures and/or Code of Ethics, The Company will provide a verbal warning followed up with an informal letter of warning. The participant must immediately cease and desist such conduct. The offending participant will then be placed on a company monitoring list for a period of up to 90 days to confirm that said conduct has ceased.
C. Second Offense:
On the second occasion that a participant is found to be in violation of any of The Company’s Sales system, SOP, Terms and Conditions, Standard Operating Procedures, Policies and Procedures and/or Code of Ethics, The Company will suspend the participant and all participants’ benefits (including forfeiting all commissions and benefits) for up to 30 days. A letter of suspension will be provided to the participant. This same letter of notification of suspension will be sent to 3 upper leaders of the participant as well. This letter will serve as verification that the participant must cease and desist such conduct or they will be terminated from The Company. The offending participant will then be placed on a company monitoring list for a period of up to 90 days to confirm that said conduct has ceased. It is agreed in advance by all parties that this suspension is final, may not be reversed and is without any recourse whatsoever being available to the offending participant. The participant accepts the judgment of The Company as the final authority.
D. Third Offense:
On the third occasion that a participant is found to be in violation of any of The Company’s Sales system, SOP, Terms and Conditions, Standard Operating Procedures, Policies and Procedures and/or Code of Ethics, The Company will terminate the participant and all participants’ benefits (including forfeiting all commissions and benefits) forever. A letter of full termination will be provided to the participant. This same letter of notification of termination will be sent to 3 upper leaders of the participant as well. This letter will serve as verification that the participant did not cease and desist such conduct and has been terminated from The Company. The terminated participant will lose and forfeit all commissions and benefits of any kind whatsoever. It is agreed in advance by all parties that this termination is final, may not be reversed and is without any recourse whatsoever being available to the offending participant. The participant accepts the judgment of The Company as the final authority.
61. TERMINATION: CONFLICT OF INTEREST
The IBO; not limited to but including Private Label Accounts, shall function in a fully ethical manner which reflects favorably upon him/herself and The Company. Failure to do so, including misrepresentation, fraudulent acts, unethical practices, and failure to abide by and comply with the most current version of The Company’s sales system, Standard Operating Procedures (S.O.P.), Terms and Conditions (T.& C.), Policies and Procedures, and Code of Ethics is cause for immediate termination. This includes, but is not limited to, unauthorized participation with competitive products, and/or competitive or similar kinds of companies, competitive or similar marketing plans, referral fees, circumventions, and kickbacks and/or finders fees of any kind. Any IBO who (circumvents) has any direct or indirect contact, communication, negotiation or agreement with any vendor and/or any supply source, manufacturer, supplier of The Company whatsoever, shall be immediately terminated by The Company.
62. COMPANY GOODWILL POLICY
It is the obligation of each and every IBO to always advance the Goodwill of The Company, its leadership, its products and its representatives, its vendors, suppliers, manufacturers, etc. This must be accomplished by providing information (verbal, written, emailed, printed or otherwise), which most favorably advances the goodwill of The Company, its leadership, its products, its services, and its representatives. Any IBO who does not abide by this “Company Goodwill Policy” and/or communicates in such a way as to interfere with The Company or its right to conduct business in an ethical fashion, will be subject to termination and the immediate closing of the IBO account with The Company. The final interpretation, parameters and enforcement of this policy are at the sole, exclusive and complete discretion of The Company. All IBOs understand and agree in advance to abide by this Goodwill Policy while they are associated with The Company and for 36 months after their disassociation or termination from The Company. The 36 months thereafter time period will be strictly and legally enforced by The Company and all IBOs agree, in advance, to waive any and all defenses regarding any defense or contesting of this Goodwill Policy.
63. MORALS POLICY
All IBOs agree in advance to uphold The Company’s Public Image and Goodwill Policy by being in compliance with The Company Moral Policy. This includes but is not limited to unethical acts, inappropriate statements (in person or within media such as Twitter/X or Facebook/Meta, or other social media, etc.) and/or inappropriate activities such as but not limited to, illegal or unethical personal activities, etc. It is important for all IBOs to uphold the good public image and good reputation of The Company. A breach of The Company Moral Policy by an IBO may be grounds for immediate termination by The Company. This Moral Policy is defined and implemented at the sole and exclusive “at will” of The Company. The IBO agrees in advance that any decision, or enforcement of, or termination resulting from the Moral Policy by the company is the final decision to which the IBO agrees in advance to abide. The IBO has reviewed, fully understands and has agreed to all aspects of The Company non-disparagement agreement which clearly bans the IBO from talking negatively about The Company on any social media site at any time or on any site or in any way whatsoever. The IBO waves (in advance) any defense whatsoever of this Moral Policy which will be enforced “at will” and without restriction by The Company.
64. ETHICS POLICY – INCLUDES GIVERS 25 DOS
This Morals and Ethics clause is in place for when an IBO commits any act or does anything which might reasonably be considered to be deceptive, scandalous or obscene; or to injure, tarnish, damage or otherwise negatively affect The Company and/or the reputation and goodwill associated with The Company. If an IBO is accused of any act involving ethical issues, dishonesty, theft or misappropriation, under any law, or any act which casts an unfavorable light upon an IBOs association with The Company and/or an IBO is accused of performing or committing any act which could adversely impact The Company events, programs, products, services, or reputation, The Company shall have the right to terminate the IBO agreement with The Company upon fifteen (15) days written notice specifying the reason, within which period the IBO may cure such offense. The determination of whether and to what extent the offense is cured shall be made by The Company at its sole discretion. This clause includes any violation of the GIVERS 25 DOs.
65. ACCOUNT CLOSED
If an IBO account is closed for any or all of the aforementioned reasons whatsoever, and/or if Active Status is NOT maintained for 3 consecutive calendar months; the IBO account is AUTOMATICALLY closed.
When an IBO account is closed, the IBO’s entire organization compresses permanently and rolls up to the next Active and Qualified IBO permanently.
When an account is closed the IBO immediately forfeits; not limited to, but including any and all of the following which may be due, currently is due and/or is available in the future:
Status in The Company, position or positions, sales organization built or enrolled, IBOs enrolled or built, sales income of any kind, commissions of any kind, incomes of any kind, benefits of any kind, incentives of any kind, contests of any kind, private label enrollment or private label commissions income of any kind, special program participations (not limited to founder’s programs) of any kind, and higher positions of leadership.
Any and all current and/or future benefits of any kind whatsoever are immediately forfeited and the IBO account is formally closed.
An IBO may re-open their account in the future if the account was ONLY closed due to inactivity (not maintaining active status).
When an IBO re-opens their account, they must restart and re-qualify as a new IBO applicant and must qualify in every way and may not start at their previous position, status or benefits.
When an IBO account is closed due to violation of any part of the SOPs, T&C, termination from The Company, and/or due to a IBO Refund; the IBO account MAY NEVER be re-opened in the future and is PERMANENTLY CLOSED.
66. BACK ORDERS OR PRODUCT SUBSTITUTIONS
From time to time the demand for certain products may be greater than anticipated or a product back order may occur for any other reason. When The Company is temporarily out of stock or back ordered of a product the IBO has the right to automatically consent to the delay or the IBO may cancel the product order. If an IBO wishes to consent to the delay, they need not do anything further but to keep their copy of their product order for their records. The Company will ship the product as soon as it arrives.
From time-to-time certain product orders may need to be modified or changed due to change of product, product ingredients, product back ordered, product discontinued, or product production or product availability or for any other reason. In this event, The Company may substitute the placed product order for a product of equal dollar value.
Substitute Product of Equal Value
The Company has a substitute product for equal value policy. An IBO may exchange a product they received for another product of equal dollar value in the future. The IBO is responsible for any and all costs (not limited to shipping costs) associated with the exchange of product.
67. NON-CIRCUMVENTION POLICY
All IBOs agree that they will not under any circumstance whatsoever, circumvent or go around The Company in any way whatsoever. This non circumvention policy includes but is not limited to vendors, manufacturers, suppliers, processors, packagers, product producers, affiliates, agents, associates, servicers, etc of The Company. Circumvention is cause for immediate termination by The Company. The IBO account will be permanently closed and the IBO will be in violation and breach of their agreement with The Company.
Separate agreements may not be reached between IBOs or Vendors of The Company unless said agreement is pre-approved by The Company. This includes but is not limited to product sales, product exchanges, separate side agreements, etc. Side agreements which are not pre-approved in writing by The Company are grounds for immediate termination by The Company.
68. NON-DISCLOSURE POLICY
1. All confidential business information, including but not limited to that which is or was disclosed in writing, and/or orally, or observed by an IBO (the “Proprietary Information”), shall be kept confidential by the receiving IBO for seven (7) years after the receipt thereof, using the same safeguards as it uses to protect its own confidential information of a similar character, but at least using reasonable care, and the current or past IBO shall not use, or disclose in any manner to any third party any such received Proprietary Information without the prior express written consent of The Company, unless or until such information is: (a) proven to be already known to or otherwise in the possession of the IBO at the time of receipt; or (b) or becomes publicly available or otherwise in the public domain through no breach of this Agreement. Notwithstanding the foregoing, to the extent any of the Proprietary Information is a trade secret under applicable law, such information shall be held in confidence by the receiving current or past IBO for as long as such information remains a trade secret under applicable law.
2. The IBO acknowledges that the products and/or intellectual concepts being developed, used, and/or sold by The Company, or that may in the future be developed, used and/or sold by The Company, may not be similar or identical to the IBO’s existing products or products under development. The Company is willing to enter into this Agreement with the IBO only on the condition that it does not adversely impact The Company’s products, business, and/or development of same.
69. TESTIMONIAL and BENEFACTION SUBMISSIONS
Any and all GIVERS University and/or GIVE To Be Great Testimonials or Benefactions of any kind whatsoever, not limited to any courses, any products, any services, any recordings, any communications, etc. is the sole and exclusive ownership of GIVERS University. By submitting a testimonial or benefaction of any kind whatsoever, the submitter, has acknowledged that they have received other good and valuable consideration, and therefore, by providing any of the aforementioned, agrees that all of the aforementioned are the sole and exclusive ownership of GIVERS University. The submitter hereby grants GIVERS University and its designees and/or assignees, the perpetual, worldwide right to edit, adapt, modify, reproduce, promote, publish, and otherwise use of the aforementioned and/or its contents in any way and in any media for trade, advertising, promotional, and/or any other purposes, as GIVERS University and/or its designees and/or assignees may determine or see fit, without having to seek permission from, and without consideration or notification to any participant or any third party. GIVERS University may use any or all of the aforementioned “AT WILL” and at its sole and exclusive discretion. GIVERS University is the sole and exclusive owner of the aforementioned.
70. MEMBERSHIP RULES
Admission to a Private Membership, Membership or Association is a matter within the complete and exclusive purview of the Membership or Association. A Membership or Association has the right to select its members.
Membership in an Association is not a constitutional right, but simply a privilege. It is a privilege which may be accorded or withheld. It is not a right that can be gained independently and then enforced. Hence, the courts cannot compel the admission of an individual into a Membership or Association. If application for membership is refused, he/she is entirely without legal remedy no matter how arbitrary or unjust the exclusion.
Further, the right to be a member of a Membership or Association is not conferred by any statute. Further, it is not derivable, as in the case of an incorporate body. It is by through the action and of assent of members of the Membership or Association that one becomes associated with them in the common undertaking, and not by any outside agency or by the individual’s action.
A Membership or Association possesses the inherent power to prescribe qualifications regulating its membership. Memberships or Associations have the right to make their own rules regarding admission and exclusion of members and these rules become articles of agreement to which all who become members are party to. Further, a Membership or Association may impose terms and conditions upon the membership as they may choose and members should comply with those terms and conditions in order to be entitled to the benefits of membership.
Voluntary Memberships and Associations have wide scope in defining the purposes for which they are organized and the means which they employ to accomplish those purposes, including the conditions of membership. A Membership or Association’s power to make, interpret and enforce bylaws includes the power to take disciplinary actions against its members for violation of rules. When a person becomes a member of a Membership or Association, they voluntary submit themselves to any and all of the rules of that Membership or Association.
71. COMPULSORY CONFIDENTIAL ARBITRATION
Any and all claims arising out of the IBO’s relationship with The Company including but not limited to any or all of The Company’s divisions, subsidiaries, affiliates, and/or associated entities must be submitted to confidential arbitration with the American Arbitration Association in Iowa, USA. A judgment of any court of competent jurisdiction may be rendered upon the award of the appropriate Iowa, USA Court. It is acknowledged that this arbitration clause binds the parties, heirs, administrators, successors, assigns, and purchasers or a substantial portion of the assets of the party.
72. DETERMINATION OF VENUE
This sales system shall be governed by the State of Iowa, USA, and all claims, disputes and other matters between the parties shall be brought in the State of Iowa, USA. This agreement shall be binding upon the successors and assigns of both parties.
73. ACKNOWLEDGEMENT
I acknowledge that I have completely read and I fully understand and I agree to any and all of the aspects and terms (with no exceptions) as set forth in this Standard Operating Procedures detailed agreement.
74. UNITED STATES ONLY
The IBO understands that GIVERS University, (“The Company”) is licensed to distribute its products only in the United States of America (USA). The Company does not have a license to conduct business in any other countries whatsoever. Any business conducted outside the USA whatsoever, is outside The Company agreement, this Company SOPs, etc. The exclusive supplier to The Company may conduct business outside the USA “at will” including conducting business outside of the USA with those who also may be under The Company license within the USA. Business conducted outside the USA is considered 100% separate and outside the scope of the license The Company has to conduct business within the USA only.
75. DATE IN FORCE
The IBO Agreement is not in force until it is both received and accepted by The Company.
On the annual anniversary date, the IBO must submit an Application for Renewal of the IBO Agreement to The Company. This application for renewal of the IBO Agreement may be accepted as is, modified, or denied at the exclusive will and discretion of The Company. This agreement does not automatically renew each year and the decision to renew is the sole and exclusive will and discretion of The Company.
76. COPYRIGHTS, TRADEMARKS, REGISTRATIONS
© 2022-2023 GIVERS University™. Any and all worldwide copyright, service mark or trade mark rights are reserved exclusively by and owned exclusively by GIVERS University™. All worldwide rights are reserved. All Worldwide Copyrights, Registrations, Trademarks, Service Marks, Intellectual Property Rights, and Product Names for GIVERS University™ are reserved and owned exclusively by GIVERS University™. Certain Copyrights, Registrations, Trademarks, (such as Nutrient Dense Foods®) Service Marks, Intellectual Property Rights, Product Names and Product Formulations are not owned by GIVERS University™. The aforementioned, which are not owned by GIVERS University™, are licensed to GIVERS University™ for use from the owner of same as per the license(s) agreement(s).
All percentages are shown as a percentage of GP (GIVER Points). GIVERS University cannot and does not guarantee any level of earnings.
Earnings, or income statements, or hypothetical examples, or examples of how to calculate income, represent estimates of what you may or may not earn. There is no promise or guarantee that you will experience the same level of income. There is no assurance that any prior success or past results regarding earnings or income may be an indication of any future earnings or results.
Any and all incomes shown, represented, or identified as an income qualification requirement, or position qualifying criteria, are not to be construed or represented as an income guarantee of any kind whatsoever. Any and all incomes shown, represented, or discussed, are for the express and only purpose of explaining the income qualification criteria that may be required to achieve a certain position status in The Company. These are only an explanation of qualification criteria. They are not a representation of income or earnings of any kind whatsoever.
© 2022-2023 GIVERS University™