Policies & Procedures
Last Revision Date 2-6-12
STATEMENT OF POLICIES AND PROCEDURES
SECTION 1 - INTRODUCTION
1.1 - Code of Ethics
ROI Unlimited, short for "Return On Integrity Unlimited," hereafter "ROI Unlimited" or "the Company") is a values-based company that prides itself on the quality and character of its Distributors. The following guidelines help ensure a uniform standard of excellence throughout our organization. Every ROI Unlimited Distributor is expected to practice the following ethical behavior when acting in the name of the company:
• I will be respectful of every person I meet while doing ROI Unlimited related business.
• At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
• I will not engage in activities that would bring disrepute to ROI Unlimited, any ROI Unlimited corporate officer or employee, myself, or other Distributors.
• I will provide support and encouragement to my team to ensure that their experience with ROI Unlimited is a successful one. I understand that it is important to provide follow-up service and support to my downline.
• I will correctly represent all the bonus/Compensation Plans available through ROI Unlimited and the income potential represented therein. I understand I may not use my own or any other member's income as an indication of others potential success.
• I will abide by all of ROI Unlimited's Policies & Procedures now and as they may be amended in the future.
1.2 Policies and programs Incorporated Into the Distributor Agreement
These Policies and Procedures ("Agreement") incorporate this document, the User Agreement, and the Loyalty Rewards program detailed on the website.
1.3 - Purpose of Policies
ROI Unlimited Distributors are required to comply with all of the Terms and Conditions set forth in the Agreement which ROI Unlimited may amend at its sole discretion from time to time, as well as all federal and state laws governing their ROI Unlimited business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this Agreement carefully. It explains and governs the relationship between you, as a Distributor, and the Company.
1.4 - Changes to the User Agreement, Policies and Procedures, or Compensation Plan
Because federal, state, and local laws, as well as the business environment, periodically change, ROI Unlimited reserves the right to amend the Agreement and the prices of its ROI Unlimited Products in its sole and absolute discretion. Notification of amendments shall appear in Official ROI Unlimited Materials. Amendments shall be effective upon publication in Official ROI Unlimited Materials, including but not limited to, posting on ROI Unlimited's website, e-mail distribution, publication in ROI Unlimited's newsletter, product inserts, or any other commercially reasonable method. The continuation of a ROI Unlimited membership or a Distributor's acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.5 - Delays
ROI Unlimited shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death, curtailment of a party's source of supply, or government decrees or orders.
1.6 - Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
1.7 - Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of ROI Unlimited to exercise any right or power under the Agreement or to insist upon strict compliance by a Distributor with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of ROI Unlimited's right to demand exact compliance with the Agreement. Waiver by ROI Unlimited can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 - BECOMING A MEMBER
2.1 - Requirements to Become a Distributor
To become a ROI Unlimited Distributor, each applicant must:
• Be of the age of majority in his or her place of residence;
• Reside in the United States or other countries which have been officially opened by ROI Unlimited;
2.2 - Distributor Benefits
Once a Distributor Agreement has been accepted by ROI Unlimited, the benefits of the Compensation Plan and the Distributor Agreement are available to the new Distributor. These benefits include the right to:
• Purchase ROI Unlimited products and services at the best prices;
• Participate in the ROI Unlimited Compensation Plan, if eligible;
• Sponsor other individuals as Distributors into ROI Unlimited and thereby build an organization and progress through the ROI Unlimited Compensation Plan;
• Receive periodic ROI Unlimited literature and other ROI Unlimited communications;
• Participate in ROI Unlimited-sponsored support service training, motivational and recognition functions; and
• Participate in promotional and incentive contests and programs sponsored by ROI Unlimited for its Distributors.
SECTION 3 - INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, ROI Unlimited has developed the Income Disclosure Statement ("IDS"). The ROI Unlimited IDS is designed to convey truthful, timely, and comprehensive information regarding the income that ROI Unlimited Distributors earn. In order to accomplish this objective, the Company has made the document easily accessible for both prospects and distributors at: www.roiunlimited.com/twinstravel-tour.php?a=disclaimer.
The IDS is designed to provide full disclosure on the earning potential regarding the ROI Unlimited business. Distributors are encouraged to provide a copy of the IDS to prospective Distributors ROI Unlimited anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made. ROI UnlimitedROI Unlimited Copies of the IDS may be printed or downloaded without charge from the company website at www.roiunlimited.com/twinstravel-tour.php?a=disclaimer.
The terms "income claim" and/or "earnings representation" (collectively "income claim") include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of "statements of non-average earnings" include, "Our number one distributor earned over a million dollars last year" or "Our average ranking distributor makes five thousand per month." An example of a "statement of earnings ranges" is "The monthly income for our higher ranking distributors is ten thousand dollars on the low end to thirty thousand dollars a month on the high end."
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one’s dreams, having everything one always wanted, and are phrased in terms of "opportunity" or "possibility" or "chance." Claims such as "My ROI Unlimited income exceeded my salary after six months in the business," or "Our ROI Unlimited business has allowed my wife to come home and be a full-time mom" also fall within the purview of "lifestyle" claims.
A hypothetical income claim exists when you attempt to explain the operation of the Compensation Plan through the use of a hypothetical example. Certain assumptions are made regarding the: (1) number of distributors sponsored, (2) number of downline distributors, (3) average product volume per distributor, and (4) total organizational volume. Cranking these assumptions through the Compensation Plan yields income figures which constitute income claims.
SECTION 4 - ADVERTISING
4.1 - Adherence to the ROI Unlimited Compensation Plan
Distributors must adhere to the terms of the ROI Unlimited Compensation Plan as set forth in Official ROI Unlimited Materials. Distributors shall not offer the ROI Unlimited opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official ROI Unlimited Materials. Distributors shall not require or encourage other current or prospective Distributors to participate in ROI Unlimited in any manner that varies from the program as set forth in Official ROI Unlimited Materials. Distributors shall not require or encourage other current or prospective Distributors to execute any agreement or contract other than official ROI Unlimited agreements and contracts in order to become a ROI Unlimited Distributor. Similarly, Distributors shall not require or encourage other current or prospective Distributors to make any purchase from, or payment to, any individual or other entity to participate in the ROI Unlimited Compensation Plan other than those purchases or payments identified as recommended or required in Official ROI Unlimited Materials.
4.2 - Use of Sales Aids
To promote both the products and the opportunity ROI Unlimited offers, Distributors must use the sales aids and support materials produced by ROI Unlimited. If ROI Unlimited Distributors develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Distributors' good intentions, they may unintentionally violate any number of statutes or regulations affecting a ROI Unlimited business. These violations, although they may be relatively few in number, could jeopardize the ROI Unlimited opportunity for all Distributors. Accordingly, Distributors must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company's approval prior to use. Unless the Distributor receives specific written approval to use the material, the request shall be deemed denied. All Distributors shall safeguard and promote the good reputation of ROI Unlimited and its products. The marketing and promotion of ROI Unlimited, the ROI Unlimited opportunity, the Compensation Plan, and ROI Unlimited products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 - Intellectual Property
ROI Unlimited will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including ROI Unlimited Distributors, without prior written authorization from ROI Unlimited. Furthermore, no Distributor may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Distributor without prior written consent from the named Distributor. This consent must be on file with ROI Unlimited's Compliance department prior to any use.
4.4 - Blogs, Social Networks, Online Auctions, and Other Online Forums
Distributors may post text and videos on Blogs, Social Networks, and Video Websites so long as he or she has received express authorization from ROI Unlimited's Compliance department.
All text postings must include the Distributor's name and username.
All video must include a clear image of the Distributor's name and username.
All videos must be approved in advance by our Compliance department.
All postings, either text or video, must contain business opportunity content and may only mention the product by name. All reference to the product should be made by referring the viewer to the Company's website.
4.5 - Domain Names and Email Addresses
Distributors may not use or attempt to register or sell any of ROI Unlimited's trade names, trademarks, service names, service marks, product names, or any derivative thereof, for any internet domain name or email address.
4.6 - Sales Mediums
ROI Unlimited products may not be sold or promoted through catalogues or other mass sales mediums, such as infomercials, television, radio, or other related sales mediums. ROI Unlimited products may not be sold or promoted through retail establishments.
4.7 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
• No advertisement may imply that a job, position, salary, or any type of employment is allowed.
• No advertisement may promote, represent, or imply salaried positions, management positions, hourly wages, full or part-time employment, or guaranteed incomes.
The ROI Unlimited opportunity is not a job, and may not be presented as such. Terms such as "manager trainee," "management positions available," "travel provided," "call for interview," "positions available," "now hiring," and other misleading statements are not allowed.
• No specific income can be promised or implied, and any references to compensation must use the word "commissions" to indicate the independent contractor status of Distributors.
• Advertisements may not contain references to ROI Unlimited or its products.
• You may not use any of ROI Unlimited's trademarks or trade-names.
• Any requests for variances from the above rules must be submitted to ROI Unlimited and approved in writing prior to publication. Please direct any inquiries to firstname.lastname@example.org, or by fax to the attention of the Compliance department at (630) 240-1829.
4.8 - Media and Media Inquiries
Distributors must not initiate any interaction with the media or attempt to respond to media inquiries regarding ROI Unlimited, its products or services, or their independent ROI Unlimited business. All inquiries by any type of media must be immediately referred to ROI Unlimited's Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.9 - Unsolicited Email And Fax Communication
ROI Unlimited does not permit Distributors to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by a Distributor that promotes ROI Unlimited, the ROI Unlimited opportunity or ROI Unlimited products and services, must comply with the following:
• There must be a functioning return email address to the sender.
• There must be a notice in the email that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning "opt-out" notice).
• The email must include the Distributor's physical mailing address.
• The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
• The use of deceptive subject lines and/or false header information is prohibited.
• All opt-out requests, whether received by email or regular mail, must be honored. Except as provided in this section, Distributors may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their ROI Unlimited businesses.
SECTION 5 - OPERATING A ROI UNLIMITED BUSINESS.
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a "Business Entity") may apply to be a ROI Unlimited Distributor.
5.1.1 - Changes to a Business Entity
Distributors of the entity are jointly and severally liable for any indebtedness or other obligation to ROI Unlimited.
5.1.2 - Change Of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Distributors, ROI Unlimited rarely allows changes in sponsorship, and will consider an exception only in the case of errors that are identified within 24 hours of occurring. A change of sponsor request must be made by submitting a support ticket within that 24 hour period from the date of enrollment, and must come from the member, current listed sponsor, and new sponsor. If approved by ROI Unlimited Management, the change of sponsor will be effective after the member completes their current matrix.
5.1.3 – Change Organizations
If a ROI Unlimited distributor wishes to transfer organizations, he or she must submit a letter of resignation to the ROI Unlimited Customer Service Department and remain inactive (place no orders, or be on an auto ship) from ROI Unlimited for 6 months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.
ROI Unlimited retains the right to approve or deny any request to re-enroll after a distributor’s resignation.
If re-enrollment is approved, the former distributor will be issued a new ROI Unlimited ID number and will be required to submit a new distributor agreement and to purchase a ROI Unlimited package of their choice. The distributor will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.
5.2. - Indemnification
A Distributor is fully responsible for all of his or her verbal and/or written statements made regarding ROI Unlimited products, services, and the Compensation Plan, which are not expressly contained in Official ROI Unlimited Materials. Distributors agree to indemnify ROI Unlimited and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by ROI Unlimited as a result of the Distributor's unauthorized representations or actions. This provision shall survive the cancellation of a Distributor's Distributor Agreement.
5.3 - No solicitations
ROI Unlimited Distributors are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively "Network Marketing"). However, during the term of this Agreement, Distributors may not directly or indirectly recruit other ROI Unlimited Distributors other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of a Distributor Agreement, and for a period of one (1) calendar year thereafter, with the exception of a Distributor who is personally sponsored by the former Distributor, a former Distributor may not recruit any ROI Unlimited Distributor for another Network Marketing business. Distributors and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Distributors and ROI Unlimited agree that this non-solicitation provision shall apply to all markets in which ROI Unlimited conducts business.
5.3.1 - Sale of Competing Goods or Services
Distributors must not sell, or attempt to sell, any competing non-ROI Unlimited programs, products, or services to ROI Unlimited Distributors. Any program, product, service, or direct selling opportunity in the same generic categories as ROI Unlimited products is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
5.3.2 - Distributor Participation In Other Direct Selling Programs
ROI Unlimited does not allow its members to actively promote multiple direct selling programs. Any member found promoting multiple direct selling companies, products or opportunities will have their membership with ROI Unlimited terminated immediately and all commissions will be forfeit. No Exceptions.
5.3.3 - Privacy and Confidentiality
5.3.4 - The Data Management Rule
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Distributors, as well as ROI Unlimited. LOS information, i.e. information compiled by ROI Unlimited that discloses or relates to all or part of the specific arrangement of sponsorship within the ROI Unlimited business, including, without limitation, Distributor lists, sponsorship trees, and all Distributor information generated there from, in its present and future forms. The ROI Unlimited LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. ROI Unlimited is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by ROI Unlimited and its Distributors. Through this Rule, Distributors are granted a personal, non-exclusive, non-transferable and revocable right by ROI Unlimited to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the Distributor stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of ROI Unlimited, such is necessary to protect the confidentiality or value of Proprietary Information. All Distributors shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof. A Distributor shall not compile, organize, access, create lists of, or otherwise use or disclose Proprietary Information except as authorized by ROI Unlimited. A Distributor also shall not disclose Proprietary Information to any third party, or use Proprietary Information in connection with any other businesses or to compete, directly or indirectly, with the business of ROI Unlimited. Use or disclosure of Proprietary Information, other than as authorized by ROI Unlimited, will cause significant and irreparable harm to ROI Unlimited, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such unauthorized use or disclosure.
5.4 - Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited. "Cross-group sponsoring" is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current Agreement on file with ROI Unlimited, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. The use of a spouse's or relative's name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a ROI Unlimited business in accordance with the "Sale, Transfer or Assignment of ROI Unlimited Business" section of these Policies and Procedures.
5.5 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Distributors shall not represent or imply that ROI Unlimited or its Compensation Plan have been "approved," "endorsed," or otherwise sanctioned by any government agency.
5.6 - Identification
Upon enrollment, the Distributor will select a username unique to the Distributor by which they will be identified.
5.7 - Income Taxes
Each Distributor is responsible for paying applicable local, state and/or federal taxes on any income generated as a Distributor.
5.8 - Independent Contractor Status
You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an Independent Distributor. You have no authority to bind ROI Unlimited to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent ROI Unlimited Distributorship or the acquisition, receipt, holding, selling, distributing or advertising of ROI Unlimited's products or opportunity.
Distributors may not answer the telephone by saying "ROI Unlimited," "ROI Unlimited Incorporated," or by any other manner that would lead the caller to believe that they have reached ROI Unlimited's corporate offices. A Distributor may only represent that he/she is a ROI Unlimited Distributor. Therefore, all correspondence and business cards relating to or in connection with a Distributor's ROI Unlimited business shall contain the Distributor's name followed by the term "Independent Distributor." Indemnity: You agree to indemnify and hold ROI Unlimited, its officers, agents, directors, and employees harmless from any claim, damage, liability, or loss arising out of your activities.
5.9 - International Marketing
Because of critical legal and tax considerations, ROI Unlimited must limit the resale of ROI Unlimited products and the presentation of the ROI Unlimited business to prospective Distributors located within the United States and U.S. Territories and those other countries that the Company has officially opened for business. Conducting meetings, promoting the ROI Unlimited financial opportunity, or gifting/distributing product in an unopened country or market is strictly prohibited.
5.10 - Sponsorship Rights
No Distributor may sell, assign or otherwise transfer their sponsorship rights to another Distributor. After a period of 24 hours following the acceptance of a Distributor Agreement by the Company, sponsorship and placement are irrevocable and permanent.
5.11 - One ROI Unlimited Business Per Household
A Distributor may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one ROI Unlimited business. No individual may have, operate or receive compensation from more than one ROI Unlimited business. Individuals of the same family unit will be precluded from joining ROI Unlimited unless it fits within the exception created in section 5.12.1. A "family unit" is defined as spouses and dependent children living at or doing business at the same address.
5.12 - Succession
Upon the death or incapacitation of a Distributor, their business may be passed to a designated heir(s). Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever a ROI Unlimited business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Distributor's marketing organization provided the following qualifications are met. The successor(s) must:
• Execute a Distributor Agreement;
• Comply with terms and provisions of the Agreement;
• Meet all of the qualifications for the deceased Distributor's rank/status;
• Provide ROI Unlimited with an "address of record" to which all bonus and commissions will be sent. Bonus and commissions of a ROI Unlimited business transferred pursuant to this section will be paid in a single check jointly to the successor(s).
• Form a business entity and acquire a federal Taxpayer Identification Number, if the business is bequeathed to joint successors. ROI Unlimited will issue all bonus and commissions and one 1099 to the business entity.
5.12.1 - Transfer Upon Death of a Distributor
To effect a testamentary transfer of a ROI Unlimited business, the successor must provide the following to ROI Unlimited:
(1) an original death certificate,
(2) a notarized copy of the will or other instrument establishing the successor's right to the ROI Unlimited business, and
(3) a completed and executed Distributor Agreement.
If the Successor is already a ROI Unlimited Distributor, the Company may grant exception to the One Distributor per Household rule upon written request from the Successor.
5.12.2 - Transfer Upon Incapacitation of a Distributor
To effectuate a transfer of a ROI Unlimited business because of incapacity, the successor must provide the following to ROI Unlimited: (1) a notarized copy of an appointment as trustee, (2) a notarized copy of the trust document or other documentation establishing the trustee's right to administer the ROI Unlimited business, and (3) a completed Distributor Agreement executed by the trustee.
5.13- Separation of a ROI Unlimited Business
ROI Unlimited Distributors sometimes operate their ROI Unlimited businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, or trust (the latter three entities are collectively referred to herein as "entities") may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Distributors and the Company in a timely fashion, ROI Unlimited will involuntarily terminate the Distributor Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
• One of the parties may, with consent of the other(s), operate the ROI Unlimited business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or
• trustees authorize ROI Unlimited to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
• The parties may continue to operate the ROI Unlimited business jointly on a "business-as-usual" basis, whereupon all compensation paid by ROI Unlimited will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above. The Company will never remove a party to a Distributorship from a Distributor account without that party's written permission and signature. Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Under no circumstances will ROI Unlimited split commission and bonuses between divorcing spouses or members of dissolving entities. ROI Unlimited will recognize only one downline organization and will issue only one commission per ROI Unlimited business per commission cycle. Commissions shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the Distributor Agreement shall be involuntarily cancelled. If a former spouse or business affiliate has completely relinquished all rights in the original ROI Unlimited business, they are thereafter free to enroll under any sponsor of their choosing. In either case, however, the former spouse or business affiliate shall have no rights to any Distributors in their former organization. They must develop the new membership in the same manner as would any other new Distributor.
All Active Distributors in good standing have the right to sponsor and enroll others into ROI Unlimited. Each prospective Distributor has the ultimate right to choose his or her own Sponsor. If two Distributors claim to be the Sponsor of the same new Distributor the Company shall regard the first application received by the Company as controlling.
SECTION 6 - RESPONSIBILITIES OF MEMBERS
6.1 - Change of Address, Telephone, Email-Address
To ensure timely delivery of products, support materials, and commissions, it is critically important that the ROI Unlimited's files are current. It is each Distributor's responsibility to ensure the address, telephone, and email address is current in their profile located in their back office.
6.2. - Initial Training
Any Distributor who sponsors another Distributor into ROI Unlimited must perform a bona fide assistance and training function to ensure that their downline is properly operating their ROI Unlimited business. Upline Distributors are also responsible to motivate and train new Distributors in ROI Unlimited product knowledge, effective sales techniques, the ROI Unlimited Compensation Plan, and compliance with Company Policies and Procedures.
6.3 - Nondisparagement
Distributors must not disparage, demean, or make negative remarks about ROI Unlimited, other ROI Unlimited Distributors, ROI Unlimited's products, the Compensation Plan, or ROI Unlimited's owners, board members, directors, officers, or employees.
6.4 - Reporting Policy Violations
Distributors observing a Policy violation by another Distributor should submit a written report of the violation directly to the attention of the ROI Unlimited Compliance department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 - PRODUCT SALES
The ROI Unlimited Compensation Plan is based upon the sale of ROI Unlimited products and services to end consumers. In order to to be eligible to earn a Bonus on downline volume during a given month, Distributors must qualify their position by making a customer sale within a 90 day period prior to the bonus. Qualifications for eligibility are more thoroughly defined in the Compensation Plan. For purposes of obtaining the rights referred to in the Rule, sales must be to retail customers who either: (a) place an order directly with the Company; or (b) place an order through the Distributor’s replicated website.
SECTION 8 - BONUS BUYING PROHIBITED
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of a Distributor Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Distributor or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Distributors or Customers ("phantoms"); (d) purchasing ROI Unlimited products or services on behalf of another Distributor or Customer, or under another Distributor's or Customer's ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
SECTION 9- BONUSES AND COMMISSIONS
9.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, a Distributor must be in good standing and comply with the terms of the Agreement and these Policies and Procedures.
9.2 - Errors or Questions
If a Distributor has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Distributor must notify ROI Unlimited in writing within 30 days of the date of the purported error or incident in question. ROI Unlimited will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
9.4 – Reports
All information provided by ROI Unlimited, including but not limited to downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors, including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs, the information is not guaranteed by ROI Unlimited or any persons creating or transmitting the information. All product volume information is provided "as is" without warranties, express or implied, or representations of any kind whatsoever. In particular but without limitation there shall be no warranties of merchantability, fitness for a particular use, or non infringement. To the fullest extent permissible under applicable law, ROI Unlimited and/or other persons creating or transmitting the information will in no event be liable to any Distributor or anyone else for any direct, indirect, consequential, incidental, special, or punitive damages that arise out of the use of or access to sales volume information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity, and damages that may result from inaccuracy, incompleteness, inconvenience, delay, or loss of the use of the information), even if ROI Unlimited or other persons creating or transmitting the information shall have been advised of the possibility of such damages.
SECTION 10 – REFUND POLICY
10.1 - Product Guarantee
ROI Unlimited offers a one hundred percent (100%) three-day money back guarantee for all distributors and retail customers. Given the nature of the product, the benefits of the transaction are realized immediately. ROI Unlimited is not in a position to offer an extended refund policy. This guarantee is limited to $600 in any 12-month period. If a distributor wishes to return merchandise exceeding $600 in any 12-month period, the return will be deemed an inventory repurchase and the Company shall repurchase the inventory pursuant to the terms in the "Return of Inventory and Sales Aids by Distributors" section of these Policies, and the distributor’s Distributor Agreement shall be canceled.
10.2 - Return of Inventory and Sales Aids by Distributors
Upon cancellation of a distributor’s Distributor Agreement, the distributor may return sales aids purchased within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A distributor may only return sales aids he or she personally purchased from the Company under his or her Distributor Identification Number, and which are in Resalable condition. Upon receipt of the sales aids, the distributor will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping charges.
SECTION 11 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
11.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by a Distributor that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the Distributor’s ROI Unlimited business), may result, at ROI Unlimited’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the Distributor to take immediate corrective measures;
• Imposition of a fine, which may be withheld from bonus and commission checks;
• Loss of rights to one or more bonus and commission checks;
• Withholding from a Distributor all or part of the Distributor’s bonuses and commissions during the period that ROI Unlimited is investigating any conduct allegedly contrary to the Agreement. If a Distributor’s business is cancelled for disciplinary reasons, the Distributor will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual’s Distributor Agreement for one or more pay periods;
• Involuntary termination of the offender’s Distributor Agreement;
• Any other measure expressly allowed within any provision of the Agreement or which ROI Unlimited deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Distributor’s policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of ROI Unlimited.
11.2 - Grievances and Complaints
When a Distributor has a grievance or complaint with another Distributor regarding any practice or conduct in relationship to their respective ROI Unlimited businesses, the complaining Distributor should first report the problem to their Sponsor who should review the matter and try to resolve it with the other party’s upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to ROI Unlimited’s Compliance department, via email or regular mail. Compliance will review the facts and attempt to resolve the matter. If it is not resolved, it will be referred to the ROI Unlimited Review Committee for final review and possible disciplinary action. Please note that during the appeals process, all involved Distributor accounts will be placed on a complete business hold, and all commissions generated will be placed in an Escrow account until the matter is resolved. Decisions mandated by the Distributor Conduct Appeals Committee are final and binding, and will not be further reviewed by the Company.
11.3 - Mediation
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorneys fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Phoenix, Arizona, and shall last no more than two (2) business days.
11.4 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Distributors waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Phoenix, Arizona. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Nothing in these Policies and Procedures shall prevent ROI Unlimited from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect ROI Unlimited’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
11.5 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Phoenix, Arizona. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Arizona shall govern all other matters relating to or arising from the Agreement. Residents of the State of Louisiana shall be entitled to bring an action against ROI Unlimited in their home forum and pursuant to Louisiana law.
SECTION 11 EFFECT OF CANCELLATION
11.1 - Effect of Cancellation and Termination
So long as a Distributor remains active and complies with the terms of the Distributor Agreement and these Policies, ROI Unlimited shall pay commissions to such Distributor in accordance with the Compensation Plan. A Distributor’s qualification as “active” depends on his, her or its ability to perform in accordance with terms provided by the compensation plan. In order to maintain qualification for bonuses, Distributors are expected to sell a minimum of one travel program per 90 day quarter. If a customer sale has not been made within a 90 day period, Distributor becomes ineligible to receive compensation from downline performance. A Distributor's bonuses and commissions constitute the entire consideration for the Distributor's efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following a Distributor's non-continuation of his or her Distributor Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Distributor Agreement, the former Distributor shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. Distributors waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following a Distributor's cancellation of his or her Distributor Agreement, the former Distributor shall not hold him or herself out as a ROI Unlimited Distributor and shall not have the right to sell ROI Unlimited products or services. A Distributor whose Distributor Agreement is cancelled shall forfeit any and all pending commissions and lose the right to generate additional commission.
A ROI Unlimited participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, or via email to ROI Unlimited. The written notice must include the Distributor's signature, printed name, address, and Distributor username. Cancellation does NOT entitle a Distributor to a refund.
11.2 - Non-Renewal
A Distributor may also voluntarily cancel their Distributor Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew a Distributor's Agreement upon its anniversary date.
SECTION 12 DEFINITIONS
ACTIVE DISTRIBUTOR: A Distributor who has at least sold one travel product within a 90 day period. The specifics are detailed in the Compensation Plan.
AGREEMENT: The contract between the Company and each Distributor; includes the Distributor Agreement, the ROI Unlimited Policies and Procedures, and the ROI Unlimited Compensation Plan, all in their current form and as amended by ROI Unlimited in its sole discretion. These documents are collectively referred to as the "Agreement."
CANCEL: The termination of a Distributor’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Distributors can generate commissions and bonuses.
LINE OF SPONSORSHIP (LOS): A report generated by ROI Unlimited that provides critical data relating to the identities of Distributors, sales information, and enrollment activity of each Distributor’s organization. This report contains confidential and trade secret information which is proprietary to ROI Unlimited.
ORGANIZATION: The Customers and Distributors placed below a particular Distributor.
OFFICIAL ROI UNLIMITED MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by ROI Unlimited to Distributors.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of ROI Unlimited’s Conflict of Interest Policy, the term "Recruit" means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another ROI Unlimited Distributor or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: A Distributor who enrolls a Customer, Retailer, or another Distributor into the Company, and is listed as the Sponsor on the Distributor Agreement. The act of enrolling others and training them to become Distributors is called "sponsoring."
UPLINE: This term refers to the Distributor or Distributors above a particular Distributor in a sponsorship line up to the Company. It is the line of sponsors that links any particular Distributor to the Company.