STATEMENT OF POLICIES AND PROCEDURES
Effective July 1, 2017
SECTION 1 – INTRODUCTION
- Code of Ethics
Mindset24 Global (hereafter “Mindset24 Global” or “the Company”) is a values-based company that prides itself on the quality and character of its Independent Sales Consultants (hereinafter “Affiliate”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every Mindset24 Global Affiliate 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 Mindset24 Global 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 Mindset24 Global, any Mindset24 Global corporate officer or employee, myself, or other Affiliates.
I will not make discouraging or disparaging claims toward other Mindset24 Global Affiliates. I will ensure that in all Mindset24 Global business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
I will provide support and encouragement to my Customers to ensure that their experience with Mindset24 Global 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 Mindset24 Global and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success, or use compensation checks as marketing materials. I further understand that I may only disclose my Mindset24 Global income to recruit a potential Affiliate(s) after I have given a copy of the Income Disclosure Statement to the potential Affiliate(s).
I will abide by all of Mindset24 Global’s Policies & Procedures now and as they may be amended in the future.
- Policies Incorporated Into Affiliate Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of Mindset24 Global, are incorporated into, and form an integral part of, the Mindset24 Global Affiliate Agreement (hereafter “Affiliate Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Mindset24 Global Affiliate Agreement, these Policies, and the Mindset24 Global Compensation Plan. These documents are incorporated by reference into the Affiliate Agreement (all in their current form and as amended by Mindset24 Global). It is the responsibility of each Affiliate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Affiliate, it is the responsibility of the sponsoring Affiliate to provide the most current version of these Policies and Procedures prior to his or her execution of the Affiliate Agreement.
- Changes to the Affiliate Agreement, Policies and Procedures, or Compensation Plan
Because federal, state, and local laws, as well as the business environment, periodically change, Mindset24 Global reserves the right to amend the Agreement and the prices in its Mindset24 Global Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Mindset24 Global Materials. This right to amend the agreement does NOT apply to the arbitration clause found in section 9. This section can only be modified by way of mutual consent.
Amendments shall be effective upon publication in Official Mindset24 Global Materials, including but not limited to, posting on Mindset24 Global’s website, e-mail distribution, publication in Mindset24 Global’s newsletter, product inserts, or any other commercially reasonable method. The continuation of an Affiliate’s Mindset24 Global business or an Affiliate’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
Mindset24 Global 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, and death, curtailment of a party’s source of supply, or government decrees or orders.
–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.
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 Mindset24 Global to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate with any
obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Mindset24 Global’s right to demand exact compliance with the Agreement. Waiver by Mindset24 Global can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING AN AFFILIATE
- Requirements to Become an Affiliate
To become a Mindset24 Global Affiliate, each applicant must:
Be of the age of majority in his or her state of residence;
Reside in the United States or other countries, which have been officially opened by Mindset24 Global;
Have a valid Social Security Number or Federal Tax Identification Number;
Submit a properly completed and signed Affiliate Agreement to Mindset24 Global via electronically or fax.
- New Affiliate Registration by the Internet and Facsimile
A prospective Affiliate may self-enroll on the sponsor’s web site. In such event, instead of a physically signed Affiliate agreement, Mindset24 Global will accept the agreement by accepting the “electronic signature” stating the new Affiliate has accepted the terms and conditions of the Affiliate Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Affiliate and Mindset24 Global. Faxed agreements must include both the front and back of the Affiliate Agreement.
- Affiliate Benefits
Once an Affiliate Agreement has been accepted by Mindset24 Global, the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to:
Sell Mindset24 Global services;
Participate in the Mindset24 Global Compensation Plan (receive bonuses and commissions, if eligible);
Sponsor other individuals as customers or Affiliates into the Mindset24 Global business and thereby build an organization and progress through the Mindset24 Global Compensation Plan;
Receive periodic Mindset24 Global literature and other Mindset24 Global communications;
Participate in Mindset24 Global-sponsored support service training, motivational and recognition functions; and
Participate in promotional and incentive contests and programs sponsored by Mindset24 Global for its Affiliates.
–Terms and Renewal of a Mindset24 Global Business
An Affiliate must renew their Affiliate status annually by submitting an annual renewal fee of $50. This payment is due on the anniversary of the Affiliate acceptance date. If the Affiliate allows his or her business to expire due to nonpayment of the renewal fee, the Affiliate will lose any and all rights to his or her downline organization unless the Affiliate re-activates within 60 days following the expiration of the agreement.
If the former Affiliate re-activates within the 60-day time limit, the Affiliate will resume the rank and position held immediately prior to the expiration of the Affiliate agreement. However, such Affiliate’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The Affiliate is not eligible to receive commissions for the time period that the Affiliate’s business was expired.
Any Affiliate whose agreement has expired and lapsed the 60 day grace period is not eligible to re- apply for a Mindset24 Global business for 12 months following the expiration of the Affiliate agreement.
Any Affiliate terminated by Mindset24 Global may not re-apply to do business for 12 months from their termination date.
The downline of the expired Affiliate will roll up to the immediate, active upline sponsor.
SECTION 3 – INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, Mindset24 Global has developed the Income Disclosure Statement (“IDS”). The Mindset24 Global IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Mindset24 Global Affiliates earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Affiliates.
A copy of the IDS must be presented to a prospective Affiliate (someone who is not a party to a current Mindset24 Global Affiliate Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
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 Affiliate earned over a million dollars last year” or “Our average ranking Affiliate makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher ranking Affiliates is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, you must provide every prospective Affiliate with a copy of the IDS.
Copies of the IDS may be printed or downloaded without charge from the company website at http://www.Mindset24 Global.com/IDS.
SECTION 4 – ADVERTISING
- Adherence to the Mindset24 Global Compensation Plan
Affiliates must adhere to the terms of the Mindset24 Global Compensation Plan as set forth in Official Mindset24 Global Materials. Affiliates shall not offer the Mindset24 Global opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Mindset24 Global Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in Mindset24 Global in any manner that varies from the program as set forth in Official Mindset24 Global Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official Mindset24 Global agreements and contracts in order to become a Mindset24 Global Affiliate. Similarly, Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Mindset24 Global Compensation Plan other than those purchases or payments identified as recommended or required in Official Mindset24 Global Materials.
- Use of Sales Aids
To promote both the services and the opportunity Mindset24 Global offers, Affiliates must use the sales aids and support materials produced by Mindset24 Global. If Mindset24 Global Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a Mindset24 Global business. These violations, although they may be relatively few in numbers, could jeopardize the Mindset24 Global opportunity for all Affiliates. Accordingly, Affiliates 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 Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of Mindset24 Global and its services. The marketing and promotion of Mindset24 Global, the Mindset24 Global opportunity, the Compensation Plan, and Mindset24 Global services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
Mindset24 Global 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 Mindset24 Global Affiliates, without prior written authorization from Mindset24 Global. Furthermore, no Affiliate may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Affiliate without prior written consent from the named Affiliate. This consent must be on file with Mindset24 Global’s Compliance department prior to any use.
If an Affiliate desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are an authorized representative for Mindset24 Global, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official Mindset24 Global Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. Mindset24 Global will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.
Domain Names, email Addresses and Online Aliases
You cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Mindset24 Global by showing up as the sender of an email.
Examples of the improper use include but are not limited to:
Mindset24 [email protected]; www.Mindset24 GlobalDirect.com; www.facebook.com/Mindset24 Global or derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows: facebook.com/iloveMindset24 Global; [email protected] GlobalAffiliate.net.
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of Mindset24 Global. If you have a question whether your chosen name is acceptable, you may submit it to [email protected] Global.com for review before use.
Approved Affiliate Websites
The term Affiliate Website refers to the Affiliate website offered by Mindset24 Global or an approved vendor to affiliates. The term Social Media website refers to any site that is not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, MySpace.com, Twitter.com, YouTube.com, personal blogs or other personal websites.
Approved affiliate websites are intended to provide the affiliates with the tools and means for generating leads, prospecting business, communicating with others, selling products and services, and otherwise advancing your Mindset24 Global business. You may promote sell Mindset24 Global services on any other online retail store or e-commerce site, nor may you enlist or knowingly allow a third party (customer) to sell Mindset24 Global products on any online retail store or ecommerce site.
Social Media sites such as Facebook may also be used to promote your Mindset24 Global business. You must provide approved Mindset24 Global links to your Affiliate replicated website for sales and order processing. All online sales of Mindset24 Global products must take place and be produced through the Affiliate Replicated website (or corporate site).
You may place banner advertisements on a website provided you use Mindset24 Global-approved templates and images. All banner advertisements must link to your Affiliate Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with Mindset24 Global products or the Mindset24 Global business opportunity.
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spam indexing. Any comments you make on blogs, forums, guest books etc. must be unique, informative and relevant.
Social Networking Sites
You may use social networking websites (Facebook, MySpace, LinkedIn, blogs, forums and other social shared interest sites) to share information about the Mindset24 Global product, mission and business opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific Mindset24 Global services.
Profiles you generate in any social community where you mention or discuss Mindset24 Global must clearly identify you as a Mindset24 Global Independent Affiliate and must appear as described herein. When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at Mindset24 Global’s sole discretion, and offending Affiliates will be subject to disciplinary action and/or termination.
You agree that you will immediately take down a non-compliant site at the request of Mindset24 Global. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to your Affiliate Website. The display URL must also be to your Affiliate Website and must not portray any URL that could lead the user to assume they are being led to a Mindset24 Global Corporate site, or be inappropriate or misleading in any way.
You are allowed external websites to promote your Mindset24 Global business and the Mindset24 Global opportunity. If you wish to use an external website you must do the following:
a.) Identify yourself as an Independent Affiliate for Mindset24 Global.
b.) Use only the approved images and wording authorized by Mindset24 Global.
c.) Adhere to the branding, trademark, and image usage policies described in this document. d.) Agree to modify your website to comply with current or future Mindset24 Global policies.
You are solely responsible and liable for your own website content, messaging, claims, and information and must ensure your website appropriately represents and enhances the Mindset24 Global brand and adheres to all Mindset24 Global guidelines and policies. Additionally, your website must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at Mindset24 Global’s sole discretion. You are encouraged to use the approved Mindset24 Global images that are available through the business suite.
Mindset24 Global Affiliate Image Mandate
When using a Social Media or external website it must contain: a.) A Mindset24 Global Affiliate Logo from the approved templates.
b.) Your Name and Title (example: Joan Arc, Independent Affiliate, Mindset24 Global).
c.) A link to your Affiliate Replicated website.
Although Mindset24 Global brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Independent Affiliate site, and not a Mindset24 Global Corporate page.
- Advertised Price
You may not advertise any of Mindset24 Global’s services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
- 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 Mindset24 Global 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 Affiliates.
Advertisements may not contain references to Mindset24 Global or its services and may not use any of Mindset24 Global’s trademarks or trade-names.
Any requests for variances from the above rules must be submitted to Mindset24 Global and approved in writing prior to publication. Please direct any inquiries to [email protected] Global.com, or by fax to the attention of the Compliance department at (203) 779-1089.
-Media and Media Inquiries
Affiliates must not initiate any interaction with the media or attempt to respond to media inquiries regarding Mindset24 Global, its services, or their independent Mindset24 Global business. All inquiries by any type of media must be immediately referred to Mindset24 Global’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.
- Unsolicited Email and Fax Communication
Mindset24 Global does not permit Affiliates 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 an Affiliate that promotes Mindset24 Global, the Mindset24 Global opportunity, or Mindset24 Global 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 Affiliate’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. If an Affiliate receives an opt-out request from a recipient of an email, the Affiliate must forward the opt-out request to the Company.Mindset24 Global may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that the Company may send such emails and that the Affiliate’s physical and email addresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Affiliates may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their Mindset24 Global businesses.
SECTION 5 – OPERATING A MINDSET24 GLOBAL BUSINESS.
- Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Mindset24 Global Affiliate by submitting a Mindset24 Global Affiliate Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to Mindset24 Global. A Mindset24 Global business may change its status under the same Sponsor from an individual to a partnership, corporation or trust or from one type of entity to another. To do so, the Affiliate(s) must provide the Entity Documents to Mindset24 Global. The Affiliate Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Mindset24 Global.
- Changes to a Business Entity
Each Affiliate must immediately notify Mindset24 Global of any changes to the type of business entity they utilize in operating their Mindset24 Global business, and the addition or removal of business associates. A Mindset24 Global business may change its status under the same sponsor from an individual to a partnership, corporation or trust or from one type of entity to another. The Affiliate Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Mindset24 Global.
- Change Of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Affiliates,Mindset24 Global rarely allows changes in sponsorship, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Sponsor Change Request Form within a seven (7) day period from the date of enrollment, and must come from the current listed sponsor.
- Change Of Placement
A request for change of placement must be submitted within seven (7) days of the date of enrollment and must be requested by the current listed sponsor. An Affiliate can only be moved inside of the same sponsor’s organization. If approved, an Affiliate is placed in the first available open bottom position on the date that the change is made. Affiliates who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of Mindset24 Global.
- Unauthorized Claims and Action
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Mindset24 Global services and the Compensation Plan, which are not expressly contained in Official Mindset24 Global Materials. Affiliates agree to indemnify Mindset24 Global and hold it harmless from any and all liability including judgments, civil penalties, attorney fees, court costs or lost business incurred by Mindset24 Global as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of the Affiliate Agreement.
–Endorsements of Mindset24 Global Services
No claims as to any services offered by Mindset24 Global may be made except those contained in Official Mindset24 Global Materials.
Mindset24 Global Affiliates are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the term of this Agreement, Affiliates may not directly or indirectly recruit other Mindset24 Global Affiliates or Customers other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of an Affiliate Agreement, and for a period of one (1) calendar year thereafter, with the exception of an Affiliate who is personally sponsored by the former Affiliate, a former Affiliate may not recruit any Mindset24 Global Affiliate or Customer for another Network Marketing business.
- Sale of Competing Goods or Services
During this agreement and for six months thereafter, Affiliates must not sell, or attempt to sell, any competing non-Mindset24 Global programs or services to Mindset24 Global Customers or Affiliates. Any program, product, service, or direct selling opportunity in the same generic categories as the Mindset24 Global services are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
- Targeting Other Direct Sellers
Should Affiliates engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Mindset24 Global services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Affiliate alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, Mindset24 Global will not pay any of Affiliate’s defense costs or legal fees, nor will Mindset24 Global indemnify the Affiliate for any judgment, award, or settlement.
- Privacy and Confidentiality
5.3.5- The Data Management Rule
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Affiliates, as well as Mindset24 Global. LOS information is information compiled by Mindset24 Global that discloses or relates to all or part of the specific arrangement of sponsorship within the Mindset24 Global business, including, without limitation, Affiliate lists, sponsorship trees, and all Affiliate information generated there from, in its present and future forms. The Mindset24 Global LOS constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. Mindset24 Global 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 Mindset24 Global and its Affiliates. Through this Rule, Affiliates are granted a personal, non-exclusive, non-transferable and revocable right by Mindset24 Global to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures.
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 customer number or Affiliate Agreement on file with Mindset24 Global, 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 Mindset24 Global business in accordance with the “Sale, Transfer or Assignment of Mindset24 Global Business” section of these Policies and Procedures.
-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, Affiliates shall not represent or imply that Mindset24 Global or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
All Affiliates are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to Mindset24 Global either on the Affiliate Agreement or at the company’s request. Upon enrollment, the Company will provide a unique Affiliate Identification Number to the Affiliate by which they will be identified. This number will be used to place orders and track commissions and bonuses.
- Income Taxes
Every year, Mindset24 Global will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each Affiliate is responsible for paying local, state and federal taxes on any income generated as an Affiliate. If a Mindset24 Global business is tax exempt, the Federal Tax Identification Number must be provided to Mindset24 Global. Any Affiliate that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their commissions and bonus will be withheld and submitted to the IRS.
- 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 Affiliate. You have no authority to bind Mindset24 Global 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 Mindset24 Global Business or the acquisition, receipt, holding, selling, distributing or advertising of Mindset24 Global’s services or opportunity.
Affiliates may not answer the telephone by saying “Mindset24 Global,” “Mindset24 Global Incorporated,” or by any other manner that would lead the caller to believe that they have reached Mindset24 Global’s corporate offices. An Affiliate may only represent that he/she is a Mindset24 Global Affiliate. Therefore, all correspondence and business cards relating to or in connection with an Affiliate’s Mindset24 Global business shall contain the Affiliate’s name followed by the term “Affiliate.”
Paying the subscription fees solely for the purpose of collecting bonuses or achieving rank is prohibited. The purchase of any of the Mindset24 Global services are never required to advance in the compensation plan.
Stacking is the unauthorized manipulation of the Mindset24 Global compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Affiliate in an unearned manner. One example of stacking occurs when a sponsor places participants under an inactive downline participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of Affiliates within a downline organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the Affiliate’s positions of all individuals found to be directly involved.
- One Mindset24 Global Business Per Affiliate
An Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Mindset24 Global business. No individual may have, operate or receive compensation from more than one Mindset24 Global business. Individuals of the same family unit may each enter into or have an interest in their own separate Mindset24 Global businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.
Upon the death or incapacitation of an Affiliate, 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 Mindset24 Global business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Affiliate’s marketing organization provided the following qualifications are met. The successor(s) must:
Execute an Affiliate Agreement;
Comply with terms and provisions of the Agreement;
Meet all of the qualifications for the deceased Affiliate’s rank/status;
Provide Mindset24 Global with an “address of record” to which all bonus and commission checks will be sent. Bonus and commission checks of a Mindset24 Global 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. Mindset24 Global will issue all bonus and commission checks and one 1099 to the business entity.
- Sale, Transfer, or Assignment of a Mindset24 Global Business
Although a Mindset24 Global business is a privately owned, independently operated business, the sale, transfer or assignment of a Mindset24 Global business is subject to certain limitations. If an Affiliate wishes to sell their Mindset24 Global business, the following criteria must be met:
Protection of the existing line of sponsorship must always be maintained so that the Mindset24 Global business continues to be operated in that line of sponsorship;
The buyer or transferee must become a qualified Mindset24 Global Affiliate. If the buyer is an active Mindset24 Global Affiliate, they must first terminate their Mindset24 Global business and wait six calendar months before acquiring any interest in the new Mindset24 Global business;
Before the sale, transfer, or assignment can be finalized and approved by Mindset24 Global, any debt obligations the selling Affiliate has with Mindset24 Global must be satisfied; and
The selling Affiliate must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer, or assign a Mindset24 Global business.
Prior to selling a Mindset24 Global business, the selling Affiliate must notify Mindset24 Global’s Compliance department of their intent to sell the Mindset24 Global business. No changes in line of sponsorship can result from the sale or transfer of a Mindset24 Global business. An Affiliate may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.
- Separation of a Mindset24 Global Business
Mindset24 Global Affiliates sometimes operate their Mindset24 Global 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 Affiliates and the Company in a timely fashion, Mindset24 Global will involuntarily terminate the Affiliate 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 Mindset24 Global business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize Mindset24 Global to deal directly and solely with the other spouse or non- relinquishing shareholder, partner, or trustee.
The parties may continue to operate the Mindset24 Global business jointly on a “business-as-usual” basis, whereupon all compensation paid by Mindset24 Global 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 position from an Affiliate 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 Mindset24 Global split commission and bonus checks between divorcing spouses or members of dissolving entities. Mindset24 Global will recognize only one downline organization and will issue only one commission check per Mindset24 Global business per commission cycle. Commission checks 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 Affiliate Agreement shall be involuntarily cancelled.
All Active Affiliates in good standing have the right to sponsor and enroll others into Mindset24 Global. Each prospective customer or Affiliate has the ultimate right to choose his or her own Sponsor. If two Affiliates claim to be the Sponsor of the same new Affiliate or customer, the Company shall regard the first application received by the Company as controlling.
SECTION 6 – RESPONSIBILITIES OF AFFILIATES
- Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials and commission checks, it is critically important that the Mindset24 Global’s files are current. Affiliates planning to move or change their email address must submit an amended Affiliate Agreement complete with the new information.
– Sponsoring Affiliate Responsibilities
– Initial Training
Any Affiliate who sponsors another Affiliate into Mindset24 Global must perform a bona fide assistance and training function to ensure that their downline is properly operating their Mindset24 Global business. Affiliates must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals whom they are sponsoring to become Affiliates before the applicant signs an Affiliate Agreement.
– Ongoing Training Responsibilities
Affiliates must monitor the Affiliates in their downline organizations to ensure that downline Affiliates do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Affiliate should be able to provide documented evidence to Mindset24 Global of their ongoing fulfilment of the responsibilities of a Sponsor.
Affiliates must not disparage, demean, or make negative remarks about Mindset24 Global, other Mindset24 Global Affiliates, Mindset24 Global’s services, the Compensation plan, or Mindset24 Global’s owners, board members, directors, officers, or employees.
- Reporting Policy Violations
Affiliates observing a Policy violation by another Affiliate should submit a written report of the violation directly to the attention of the Mindset24 Global 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 - REFUNDS
If for any reason an affiliate or customer is not satisfiied with Mindset24's Personal Development and Training Courses, he/she may request a refund within 15 days of purchase. Requests for refund should be emailed to [email protected]
SECTION 8 – AUTOMATIC BILLING
8.1 – Monthly Billing
The subscription fees are automatically renewed each month with a credit or debit card maintained on file with Mindset24 Global. The Affiliate may make adjustments to their monthly subscription in the back office of the Mindset24 Global website.
SECTION 9 – BONUSES AND COMMISSIONS
- Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, an Affiliate must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An Affiliate will qualify to receive commissions and bonuses so long as he/she produces one personal membership sale each month or maintains a personal membership in good standing for himself/herself. An Affiliate is not required to maintain a personal membership but may do so if desired for purposes of this section.
- Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Affiliate must notify Mindset24 Global in writing within
30 days of the date of the purported error or incident in question. Mindset24 Global will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
- 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 an Affiliate Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Affiliates or Customers (“phantoms”); (d) purchasing Mindset24 Global services on behalf of another Affiliate or Customer, or under another Affiliate’s or Customer’s ID number, to qualify for commissions or bonuses; 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.
All information provided by Mindset24 Global, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments, an Affiliate whose Affiliate Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Mindset24 Global 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 Mindset24 Global.
SECTION 10 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
- Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an Affiliate that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the Affiliate’s Mindset24 Global business), may result, at Mindset24 Global’s discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the Affiliate to take immediate corrective measures;
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 an Affiliate all or part of the Affiliate’s bonuses and commissions during the period that Mindset24 Global is investigating any conduct allegedly contrary to the Agreement. If an Affiliate’s business is cancelled for disciplinary reasons, the Affiliate will not be entitled to recover any commissions withheld during the investigation period;
Suspension of the individual’s Affiliate Agreement for one or more pay periods;
Involuntary termination of the offender’s Affiliate Agreement;
Any other measure expressly allowed within any provision of the Agreement or which Mindset24 Global deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate’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 Mindset24 Global.
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 Florence, Kentucky, and shall last no more than two (2) business days.
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 there of Affiliates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Florence, Kentucky. 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 Mindset24 Global 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 Mindset24 Global’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.
- Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in teh State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Florida shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana shall be entitled to bring an action against Mindset24 Global in their home forum and pursuant to Louisiana law.
SECTION 11 – EFFECT OF CANCELLATION
11.1- Effect of Cancellation and Termination
So long as an Affiliate remains active and complies with the terms of the Affiliate Agreement and these Policies, Mindset24 Global shall pay commissions to such Affiliate in accordance with the Compensation Plan. An Affiliate’s bonuses and commissions constitute the entire consideration for the Affiliate’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following an Affiliate’s non-continuation of his or her Affiliate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Affiliate Agreement (all of these methods are collectively referred to as “Cancellation”), the former Affiliate shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. Affiliates waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following an Affiliate’s cancellation of his or her Affiliate Agreement, the former Affiliate shall not hold him or herself out as a Mindset24 Global Affiliate and shall not have the right to sell Mindset24 Global products or services. An Affiliate whose Affiliate Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Mindset24 Global 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 Mindset24 Global. The written notice must include the Affiliate’s signature, printed name, address, and Affiliate ID Number.
11.2 - Non-Renewal
An Affiliate may also voluntarily cancel their Affiliate Agreement by failing to pay the renewal fee. Affiliates have a 60 day grace period to get back into compliance for failure to pay the administrative fee.
SECTION 12 – DEFINITIONS
AGREEMENT: The contract between the Company and each Affiliate; includes the Affiliate Agreement, the Mindset24 Global Policies and Procedures, and the Mindset24 Global Compensation Plan, all in their current form and as amended by Mindset24 Global in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an Affiliate’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Affiliates can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Mindset24 Global services and does not engage in building a business or selling the service.
Affiliate: An individual, who purchases product, generates sales and business building commissions. LINE OF SPONSORSHIP (LOS): A report generated by Mindset24 Global that provides critical data relating to the identities of Affiliates, sales information, and enrollment activity of each Affiliate’s organization. This report contains confidential and trade secret information which is proprietary to Mindset24 Global.
ORGANIZATION: The Customers and Affiliates placed below a particular Affiliate.
OFFICIAL Mindset24 Global MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Mindset24 Global to Affiliates.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Mindset24 Global’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 Mindset24 Global Affiliate or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: An Affiliate who enrolls a Customer or another Affiliate into the Company, and is listed as the Sponsor on the Affiliate Agreement. The act of enrolling others and training them to become Affiliates is called “sponsoring.”
UPLINE: This term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line up to the Company. It is the line of sponsors that links any particular Affiliate to the Company.