TERMS AND CONDITIONS
These Policies and Procedures were formulated for the purpose of ensuring growth and practical business operations, for you to use on a regular basis. Please refer to them when you have questions about Merit General or need to clarify any concerns about your business practices. Merit General reserves the right to revise this information at any time. Merit General uses the term Member, Distributor, Independent Distributor and Affiliate, one and the same. When you register as an Affiliate of Merit General you agree to follow and be bound by the Company Code of Ethics and all the Policies and Procedures, which are incorporated into the Member Application. Violations of the Company Code of Ethics, Member Agreement, or the written Policies and Procedures may be cause for cancellation of Membership. Please read through these Policies and Procedures carefully to fully benefit and understand your rights and responsibilities as a Merit General Member.
MEMBER CODE OF ETHICS
I will follow the highest standards of honesty and integrity in all that I do. I will not make negative or disparaging remarks about Merit General, their officers and employees, other people, products or firms. I will present our marketing plan accurately and honestly, clearly portraying the level of effort required to achieve success. I will carry out all the duties of sponsorship and responsible leadership as I build my business. I will treat everyone, whether they are in my sales team or not, with the same courtesy. I will not promote Merit General as a Tax avoidance scheme. I will not produce marketing or training aids of any kind for sale to other members without the prior written permission from Company. I will consistently put forth my best efforts to promote the success of my business. I will not engage in activities that will cause loss to another Member or Merit General. I will not use Companys name, information literature, gatherings of people or other Company Resources to further other business interests (i.e. selling insurance etc. or sponsoring into other companies). I will abide by all Policies and Procedures that pertain to the operation of my business.
OVERVIEW OF POLICIES AND PROCEDURES
An applicant is considered to be a duly authorized Independent Distributor, herein after called the Member, if Merit General accepts the completed Member Application and Agreement. Company reserves the right to accept or reject any Member Application and Agreement form without having to assign any reason for its acceptance or rejection. All Members are independent contractors and are neither agents nor employees of Merit General. The Member is responsible for bearing all costs and expenses incurred in the conduct of their Membership. An Applicant must be 18 years of age. A Member must have only one introducer (sponsor). Husbands and wives, married or de facto, may sponsor each other or have different sponsors. This also applies to any interlocking directorships or share holdings that may exist from a business / Member relationship. However it should be noted, that all Members must meet their own personal qualification levels to qualify for the rewards from the Rewards Program. If a married couple have joined as one Applicant and become divorced, the Membership shall be maintained in the name of the principal Applicant on the Member Application unless the company receives a certified copy of Divorce Decree which orders otherwise. A Member cannot resign and rejoin under a different name.
MAINTENANCE OF MEMBER ACCOUNT INFORMATION
It is the responsibility of each member to update any registration details of the members account such as email address, postal address, and phone number. This will ensure the member is kept up to date with all email updates from the company. These updates are also posted in the "Updates" section of the Merit General Members Area of each members website. Merit General will bear no responsibility for any loss (moral, physical or financial or legal or any other kind of loss) caused by entering wrong information into registration form / misrepresentation by Independent Distributors or any other person.
Each Independent Distributor must keep any Merit General passwords and other secure access information confidential and notify Merit General promptly if the Independent Distributor believes that the security of an account has been compromised. Merit General has taken reasonable steps to protect the security of online transactions. However, Merit General cannot and does not warrant such security and will not be liable for any losses or damages resulting from any security breaches.
INTRODUCING NEW MEMBERS TO Merit General
All Members have the option of introducing other members. When an existing Member introduces a new Member they have the responsibility to assist, train, develop and monitor the new member they introduce, in the various aspects of the program. In addition, every person has the right to choose his or her own introducer. If two Members should claim to be the introducer or sponsor of the same new Member, the Company shall regard the first Application received as controlling. A sponsoring Member must not exaggerate the earning potential that may result from this business opportunity. A sponsoring Member is obliged to fairly and fully explain the marketing plan to all prospective Members, making sure to stress that the degree of success is directly related to individual effort and ability.
Cross lining or cross sponsoring is where a member solicits other Merit General members who are not in their team or line of sponsorship to become a member in their team. Merit General members may NOT introduce other Merit General members to other similar opportunities unless the person is a personally introduced member or a closely related person. A "closely related person or entity" is any person in the household of the Independent Distributor (e.g. spouse, son, daughter, parent living in the same household) or any corporation, partnership, limited liability Company, trust or other legal entity, which is controlled by the Associate. Cross lining is strictly prohibited in Merit General and may result in the imposition of penalties including immediate termination of the member's membership and participation in the Merit General rewards program.
RELATIONSHIP OF MEMBER TO Merit General
Members representing Merit General are known as Independent Distributors, and have no authority to bind the company to any obligations. The relationship between Members and Merit General is established only by this Agreement. A Member is not an agent, employee or any other legal representative of Merit General or its service providers. Members are solely responsible for all self-employment taxes and any federal, state, local or other taxes that may be due as a result of their Merit General business activities. Independent Distributor agrees to abide by any national, federal, state, provincial, county or local laws, rules and regulations pertaining to this Agreement. At Associate's own expense, Members will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement.
TRADEMARKS AND MARKETING MATERIALS
Members will not use the Merit General trade names and/or trademarks except to promote Merit General. In all such authorized use, Members will ensure that they represent themselves as an independent representative and that all marketing efforts are the responsibility of the Member and not the company. Any sales and marketing materials supplied by Merit General may NOT be on sold to other parties at a profit and that any purchase of these materials from Merit General does not qualify the member for any commissions. Merit General makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof.
DOMAIN NAMES AND WEBSITE ADDRESSES
Members may not use the name "Merit General" in a domain name to promote Merit General. This includes any extensions of this name such as "Merit GeneralTeam", "Merit GeneralGroup", etc. This is to protect the branding of Merit General and to prevent any person thinking that any other website address or domain name is representing Merit General corporately. Any member found using the word Merit General in their domain name will be asked to remove this domain name. If the member does not comply they will risk termination of their membership and position in the rewards program.
THIRD PARTY MARKETING MATERIALS CREATED BY MEMBERS
Members may create their own marketing materials. Any marketing materials that use the name Merit General or any of Merit General's logos, trademarks or trade names MUST be approved by Merit Generals compliance department before they can be used. Merit General has no liability or responsibility for any content, including the quality, accuracy, completeness, legality, or usefulness of any information, product, service or process promoted on Members web site or other marketing materials. In no event shall Merit General be liable for any claims or damages of any kind arising from the contents of any website or marketing materials created by a Member. References in a member's website or marketing materials to products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply an endorsement or recommendation by Merit General.
Advertising in any form is strictly prohibited without written authorization from Company. This includes advertising business opportunity or income benefits whether or not Company name or logo is used. This includes advertising in; newspapers, magazines, on flyers, letter box drops, radio, television, recorded messages on answering machines, barter card type systems and the like, any telephone directories, White Pages, Yellow Pages, local directories and the like. Members are only permitted to promote and/or advertise themselves as Independent Distributors of Merit General. Members are not permitted to take advantage of Companys name and are therefore not permitted to either infer or imply that they have a direct association or affiliation with Company by promoting themselves by way of Merit General name variations. All advertising and promotional material authorized by Company can be used by Members. No Member will be permitted to have exclusive rights to approved advertising and promotional material. Failure to comply will result in the immediate cancellation of the offending membership.
Solely Company produces the only literature approved for use by members. All promotional material appearing on the Web Site is approved for downloading to print and copying onto disc for promotional use to prospective members however it may not be altered or added to in any way.
No Member may speak for Merit General by way of an interview on radio, television or through the press, including any periodical. If approached for such purpose the Member should contact Company.
Merit General WEBSITE
On occasion, Merit General will undergo routine maintenance or experience unexpected technical problems. Merit General will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. Merit General may be required to access an Associate's web site from time to time to provide maintenance. Merit General will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by members; or temporary or permanent loss of data.
PROMISES MADE BY Merit General MEMBERS
When a member presents Merit General to others they should understand all aspects of the rewards program and not make any representation or promise that is not contained in this agreement or in Merit General corporate literature and promotional materials. This representation includes print media, video/audio media or any other form of advertisement/promotion. If a prospective applicant for membership relies on any promises made by a Merit General member that is not stated in this Agreement and/or official company materials, and the member fails to keep any such promise, the Applicant shall only have recourse against the member and not the company. If the member has unfulfilled promises made they have the option of lodging a complaint with Merit General. Upon receipt of such a complaint, the Company will investigate the matter as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Member. Such action however will not result in any recovery of damages by the Applicant, which the Applicant is free to seek against the offending Member, not the Company.
MEMBER RIGHTS AND RESPONSIBILITIES
Members who choose to promote Merit General are able to earn rewards through Merit General's rewards program. The member understands and agrees to abide by the Member Agreement. A Member understands they are bound by the terms hereof and that the member will be entitled to participate as a member upon acceptance of a valid application for membership. To qualify for rewards through the rewards program a member needs to personally introduce two other members to Merit General. Member's are responsible for their own marketing and accept that any rewards earned is the result of consistent marketing efforts. Merit General makes NO guarantees that a member will qualify or earn the rewards. Members are responsible for ensuring any new members they introduce to Merit General are aware of the policies and procedures, how the rewards program works, and how to take advantage of the benefits.
Members understand that any rewards that are offered from Merit General through the rewards program is the result of members introducing other members. Advancement in the rewards program is not based on solely the introduction of other members. No member may make any promise or guarantee that a member will derive any specific income or profit from the rewards program as a member of Merit General. Any rewards or income a member receives through the rewards program is a direct result of the marketing efforts of the member and any members in his team. Members must meet the required qualifications as set out by Merit General to receive rewards from the rewards program.
Members will not misrepresent Merit General in any manner whatsoever at any time. For purposes of this policy, misrepresentation includes, but is not necessarily limited to the following: Reviewing the marketing plan with any person without clearly advising them that no remuneration is received solely for enrolling or sponsoring new members. Reviewing the marketing plan with any person without clearly advising them that there is no requirement to pay a fee other than the one time entry price. Stating that any person has made or may make any specific income through the use of the marketing plan and by the generation of income, whether by specific example, geometric progression, or otherwise. Unless in the same presentation it is stated that said hypothetical or potential earnings, as earnings may vary due to individual efforts, geographic location, timing and many other factors.
Members agree that Merit General may from time to time make changes to it's benefits and privileges, product and services, pricing, rewards program or to this agreement applicable to all members. Members will be made aware of changes via email to the email address listed in the Members account details as well as posting updates in the NEWS section of the Merit General Members Area of the Merit General website. It is the responsibility of each member to ensure the email address listed in their account is valid and that they check regularly their members area for the latest updates. Members agree to abide by all changes.
Members understand that the Merit General marketing plan, details of their progress in the rewards program, details of their Merit General team members, and official company literature are proprietary information and considered trade secrets of Merit General. Members hereby agree to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote the Members independent Merit General business in accordance with the provisions of this Agreement. Members further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year.
SALE OF MEMBERSHIP AND ACCESS CODE
A member may sell their Access Code and the Membership position in the rewards program attached to that code, called a Business Node. It can be sold to anyone who is NOT a current Merit General member or to anyone in the line of sponsorship above the selling member. For Merit General to acknowledge the sale, the selling member must supply proof of the sale. The selling member must provide details of the purchaser including all of the fields listed on the JOIN page of the Merit General website. In addition, the selling member will provide the original purchase details from when they purchased the membership from Merit General. This information should include the original purchase date, method of payment and the transaction number. We will also require the selling member to provide a scanned copy of their photo ID such as a driverís license or passport. Once the information is verified, the selling member will be notified if the sale has been approved. Members who sell their Merit General business must wait six months after the sale has been executed and authorized by the Company before they can rejoin as a new member.
Should a Member wish to cancel their Membership Agreement with Company the Member should notify Merit General by E-mail. If the Membership is cancelled, that member may not apply for a new membership for at least 6 months after Company has received the notice of cancellation. Company reserves the right to cancel a membership Agreement should there be any breach by the member of the Agreement.
The Merit General Program/Business Node, like any other business or asset a Independent Distributor may have, is fully transferable in accordance with the terms of a Will, or, in the absence of a Will, it passes to the heirs pursuant to the applicable interstate succession laws. For those Independent Distributors whose Merit General Business Nodes is/are owned by a corporation (or some other type of legal entity), there would be no change in the ownership of the Business Node upon the death of an owner of that corporation, etc. Ownership of the corporation would change by passing to the heirs, but the corporation would continue to own the Merit General Business Node.
Independent Distributor indemnifies and holds Merit General harmless against all claims made by any third party, and any related damages and expenses (including reasonable attorney's fees), arising out of or connected with the Independent Distributors conduct, the associate's website or online store, the goods or service the Independent Distributor offers, or any violation of this agreement by associate.
LIMITATION OF LIABILITY
Merit General makes no warranties, express or implied, related to the "Merit General Marketing Programs", products or services supplied there under or, including but not limited to warranties of merchantability and fitness for a particular purpose. Merit General will not be liable to any Independent Distributor for indirect, incidental, special or consequential damages, such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of, or inability to use, the " Merit General Marketing Programs", related services, products or marketing materials provided to any Associate. The total liability of Merit General for any and all damages arising from or connected with this Agreement, the "Merit General Marketing Program" or the services, products or marketing materials provided to any Independent Distributor shall not exceed the total fees paid by the Independent Distributor to Merit General during the 12-month period immediately preceding the initial occurrence of the event causing the damages.
IMPOSITION OF PENALTY
If Independent Distributor breaches any of the provisions of this Agreement, violates any applicable law or regulation or engages in any false, misleading or unfair trade practice, including but not limited to, making misleading income representations or making promises to potential Independent Distributors that can not be kept by Independent Distributor, (herein called "Violation") any such Violation is grounds for the imposition of penalty, as more fully set forth hereafter. The Company may suspend the Members Membership, pending investigation of any alleged Violation. The Member shall be given notice of the alleged Violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged Violation (s), failing which, the Company can consider the allegations to be true. (It is Associate's responsibility to see that Company receives the response, with supporting documentation, if any, within the seven-day period.) If at the end of the investigation it is determined that Independent Distributor is to be penalized, the date of the imposition of the penalty can be, at the Company's option, the date of the penalty notice the date of the notice of the alleged Violation the date on which suspension, if any, occurred, or any other current date. Incomes suspended and/or earned, if any, as of the date of a termination, shall not be paid. Any such payments not paid shall be deemed to be liquidated damages as payment of part of the damages suffered by Company for the Violation. A member can request that any decision to impose a penalty be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. Company shall then advise the Member of its final decision. The Company shall have the option of imposing any one or more of the following penalties for Violations: Disabling of business node of Associate; Denial or revocation of any achievement awards otherwise earned; Denial of sales credit for sales that fall into the team of a cross-sponsored Associate; Denial of credit for sales of multiple web sites due to falsely representing need for them; Imposition of a fine in an amount to be determined by the Company; and/or Termination of the Associate's Agreement.
The English version of this Agreement, as maintained by Merit General is the official version and shall have control over any other language version(s) which may be made available for ease of reference for some Members. As used in the Merit General materials, when the term, "sell/enrol" and words of similar import are used to describe the enrolment/ sales activities of Independent Distributor, this is an abbreviated reference to the promotional activities of Independent Distributor with respect to sales and it is understood that all sales are between the Company and the purchaser, not between the Independent Distributor and the purchaser. Likewise, when the term, "recruit" and words of similar import are used to describe the referral and recruiting activities of Independent Distributor, this is an abbreviated reference to the team building activities of Independent Distributor and it is understood that the agreement by which one becomes an Independent Distributor is between the Company and the recruited Independent Distributor and not between the new Independent Distributor and the referring Independent Distributor.
INCORPORATION OF AGREEMENTS
If Independent Distributor has enrolled in a "Merit General Marketing Program", the User Agreement and Acceptable Use Policy are incorporated herein as if fully set forth.
This Agreement constitutes the entire agreement between the parties on the subject matter hereof, and no other additional promises, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing and signed by an authorized officer of Merit General.
Merit General is not responsible for the acts of its Independent Distributors under any circumstances for their wrongful and illegal activities.
Independent Distributor acknowledges that Independent Distributor has read understands and agrees to the terms set forth in this Agreement. Independent Distributor understands that this Agreement is not in force until accepted.