ONECARD
Policies and Procedures
Policies and Procedures
Effective March 1, 2018
To financially empower millions of families worldwide by providing both an unparalleled Digital Business Card for use by everyone, as well as an earnings opportunity for entrepreneurs who want to participate in our “share to earn” program and earn commissions.
These Policies and Procedures, in their present form and as amended by ONECARD Global, LLC (hereafter “ONECARD Global” or the “Company”), are incorporated into, and form an integral part of, the ONECARD Global Member Agreement. It is the responsibility of each ONECARD Member to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the ONECARD Global Member Application and Agreement, these Policies and Procedures, the ONECARD Global Compensation Plan, and the ONECARD Global Business Entity Application (if applicable). These documents are incorporated by reference into the ONECARD Global Member Agreement (all in their current form and as amended by ONECARD Global).
ONECARD Global reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By executing the ONECARD Member Agreement, a ONECARD Member agrees to abide by all amendments or modifications that ONECARD Global elects to make. Amendments shall be effective thirty (30) days after publication of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) electronic mail (e-mail); and (2) posting in ONECARD member’ back-offices. The continuation of a ONECARD member’s business, the acceptance of any benefits under the Agreement, or a ONECARD member’s acceptance of commissions constitutes acceptance of all amendments.
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. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of ONECARD Global to exercise any right or power under the Agreement or to insist upon strict compliance by a ONECARD Member 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 ONECARD Global’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an ONECARD Member against ONECARD Global shall not constitute a defense to ONECARD Global’s enforcement of any term or provision of the Agreement.
To become a ONECARD Affiliate, each applicant must:
ONECARD Global reserves the right to accept or reject any ONECARD Member Application and Agreement for any reason or for no reason.
No person is required to purchase ONECARD Global products, services. In order to familiarize new ONECARD Members with ONECARD Global products, services, sales techniques, sales aids, and other matters, the Company provides a ONECARD Member Back-Office.
Once a ONECARD Member Application and Agreement has been accepted by ONECARD Global, the benefits of the Compensation Plan and the ONECARD Member Agreement are available to the new ONECARD Affiliate. These benefits include the right to:
The term of the ONECARD Member Agreement is one year from the date of its acceptance by ONECARD Global. ONECARD members must renew their ONECARD Member Agreement each year by paying an annual renewal fee on or before the anniversary date of their ONECARD Member Agreement. If the renewal fee is not paid within 60 days after the expiration of the current term of the ONECARD Member Agreement, the ONECARD Member Agreement will be canceled, but ONECARD can still use their ONECARD digital business card as a restricted “Free” card.
ONECARD members must adhere to the terms of the ONECARD Global Compensation Plan as set forth in official ONECARD Global literature. ONECARD members shall not offer ONECARD Global opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official ONECARD Global literature.
ONECARD Members shall not require or encourage other current or prospective ONECARD members to execute any agreement or contract other than official ONECARD Global agreements and contracts in order to become a ONECARD Member. Similarly, ONECARD members shall not require or encourage other current or prospective ONECARD members to make any purchase from, or payment to, any individual or other entity to participate in the ONECARD Global Compensation Plan other than those purchases or payments identified as recommended or required in official ONECARD Global literature.
All ONECARD members should safeguard and promote the good reputation of ONECARD Global and its products. The marketing and promotion of ONECARD Global, the ONECARD Global opportunity, the Compensation Plan, and ONECARD Global products must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
To promote both the products and services, and the tremendous opportunity ONECARD Global offers, ONECARD members must use the sales aids, business tools, and support materials produced by ONECARD Global. The Company has carefully designed its products, product labels, compensation plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.
Accordingly, ONECARD members may only advertise or promote their ONECARD Global business using approved tools, templates or images acquired through ONECARD Global. No approval is necessary to use these approved tools. If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the ONECARD Global advertising department support@OneCardGlobal.com for consideration and inclusion in the template/image library. Unless you receive specific written approval from ONECARD Global to use such tools, the request shall be deemed denied.
ONECARD members may not sell sales aids to other ONECARD Global ONECARD members. Therefore, a ONECARD Member who receives authorization from ONECARD Global to produce their own sales aids may not sell such material to any other ONECARD Global ONECARD Member. ONECARD members may make approved material available to other ONECARD members by charge if they wish, but may not charge other ONECARD Global ONECARD members for the material.
ONECARD Global further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and ONECARD members waive all claims for damages or remuneration arising from or relating to such rescission.
The name of ONECARD Global and other names that may be adopted by ONECARD Global are proprietary trade names, trademarks and service marks of ONECARD Global (collectively “marks”). As such, these marks are of excellent value to ONECARD Global and are supplied to ONECARD members for their use only in an expressly authorized manner. ONECARD Global will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including ONECARD Global ONECARD Member, in any unauthorized manner without its prior, written permission.
The content of all Company-sponsored events is copyrighted material. ONECARD Member may not produce for sale or distribution any recorded Company events and speeches without written permission from ONECARD Global, nor may ONECARD Member reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As an independent ONECARD Member, you may use the ONECARD Global name in the following manner.
ONECARD Member’s Name
Independent ONECARD Member
Example:
Alice Smith
Independent ONECARD Member
If you use a ONECARD Global logo for any communication, you must use the Independent ONECARD Member version of the ONECARD Global logo. Using any other ONECARD Global logo requires written approval. Logos Approved for ONECARD members. Use need new logos.
ONECARD members must not attempt to respond to media inquiries regarding ONECARD Global, its products or services, or their independent ONECARD Global business. All inquiries by any type of medium must be immediately referred to ONECARD Global’s Compliance Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
ONECARD Global does not permit a ONECARD Member to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by a ONECARD Member that promotes ONECARD Global, the ONECARD Global opportunity, or ONECARD Global products and services must comply with the following:
ONECARD Global may periodically send commercial emails on behalf of a ONECARD Member. By entering into the ONECARD Member Agreement, ONECARD members agree that the Company may send such emails and that the ONECARD Member’s physical and email addresses will be included in such emails as outlined above. ONECARD Members shall honor opt-out requests generated as a result of such emails sent by the Company.
Except as provided in this section, ONECARD members may not use or transmit unsolicited faxes in connection with their ONECARD Global business. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting ONECARD Global, its products, its compensation plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the ONECARD Member has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two-way communication between an ONECARD Member and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such ONECARD Member; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
ONECARD members may list themselves as an “Independent ONECARD Member” on the white or yellow pages of the telephone directory, or in online directories, under their own name. No ONECARD Member may place telephone or online directory display ads using ONECARD Global's name or logo.
ONECARD Member may not answer the telephone by saying “ONECARD Global”, “ONECARD Global Inc.”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of ONECARD Global. If a ONECARD Member wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
ONECARD Affiliate's Name
Independent ONECARD Member
ONECARD Member may not advertise on television and radio except with ONECARD Global’s express written approval.
ONECARD members may not create their own marketing or advertising material offering any ONECARD Global products at a price less than the current listed price in the Back-Office plus shipping and applicable taxes.
ONECARD members are provided with a replicated website by ONECARD Global, from which they can enroll new ONECARD members, enroll members, as well as manage their ONECARD Global business. ONECARD Global may provide corporate Landing Pages that ONECARD Members may use as a site that prospective customers are directed to before going to the ONECARD Member Replicated site.
ONECARD Members may create their own landing page, so long as it is compliant with the terms of ONECARD Global Policies & Procedures and will be required to be submitted for approval as outlined in section 4.2.1 and receive written approval prior to it being put into place. ONECARD Members may use replicated websites provided by ONECARD Global to promote their ONECARD Global business.
ONECARD members may create their own websites, so long as the website, the URL and its content comply with the terms of ONECARD Global’s Policies and Procedures. ONECARD Members who wish to utilize their own websites to promote their ONECARD Global business and generate sales of ONECARD Global’s products and services must submit a beta site to ONECARD Global for review, and receive ONECARD Global’s written approval before the site can go live. Once a website is approved by ONECARD Global in writing, it is a Registered External Website. Any changes to the website must be submitted to ONECARD Global, and the ONECARD Member must receive ONECARD Global’s written authorization to make the change before going live with the change.
ONECARD Members receive a ONECARD Global Replicated Website subscription to facilitate online buying experience for their customers and enrollment for prospects. ONECARD members are solely responsible and liable for the content they add to their Replicated Website and must regularly review the content to ensure it is accurate and relevant.
ONECARD Member may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-ONECARD Global products, services or business opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
Because Replicated Websites reside on the ONECARDGlobal.com domain, ONECARD Global reserves the right to receive analytics and information regarding the usage of your website.
By default, your ONECARD Global Replicated Website URL is (Name).ONECARDGlobal.com. You can choose a uniquely identifiable website name that cannot:
ONECARD members are solely responsible and liable for their own Registered External Website content, messaging, claims, and information and must ensure that it appropriately represents and enhances the ONECARD Global brand and adheres to ONECARD Global’s Policies and Procedures. Additionally, Registered External Websites must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at ONECARD Global’s sole discretion.
To avoid confusion, the following three elements must be prominently displayed at the top of every page of your Registered External Website:
Although ONECARD Global brand themes and images are desirable for consistency, anyone landing on any page of an ONECARD Affiliate’s External Website must clearly understand that they are at an Independent ONECARD Member site, and not a ONECARD Global Corporate page.
Your ONECARD Global external website must contain content and information that is exclusive to ONECARD Global. You may not advertise other products or services other than the ONECARD Global product line and the ONECARD Global opportunity.
An ONECARD Member’s Registered External Website must only facilitate the entry into his/her ONECARD Global Replicated Website. All orders must be placed through your official Replicated Website or ONECARD Member Workstation.
In the event of the voluntary or involuntary cancellation of your ONECARD Member Agreement, you must remove your Registered External Website from public view within three days and redirect (forward) all traffic from that domain to www.ONECARDGlobal.com. Your external website may be transferred to another ONECARD Global consultant, subject to ONECARD Global approval, on a case-by-case basis.
You may use team websites for the purposes of connecting, communicating, training, education and sharing best practices among team members. Because these sites may contain sensitive and Company-specific information, these team websites must be password protected and may only be shared with members of your Organization.
You are not allowed to use or register ONECARD Global or any of ONECARD Global’s trademarks, product names, or any derivatives, for any Internet domain name, email address, or online aliases. Additionally, 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 ONECARD Global. Examples of the improper use of ONECARD Global include but are not limited to: ONECARD Global showing up as the sender of an email.
When directing readers to your Registered External Website or replicated site, it must be evident from a combination of the link, and the surrounding context, to a reasonable reader, that the link will be resolved to the site of an independent ONECARD Global ONECARD Member. Attempts to mislead web traffic into believing they are going to a ONECARD Global corporate site, when in fact they land at an ONECARD Member site (replicated or registered external) will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be at ONECARD Global’s sole discretion.
ONECARD Member may not monetize their Replicated Website or their Registered External Website through ONECARD Member programs, AdSense or similar programs.
You may not use online classifieds (including Craigslist) to list, sell or retail specific ONECARD Global products or product bundles. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the ONECARD Global business opportunity, provided ONECARD Global-approved templates/images are used. These templates will identify you as an Independent ONECARD Member. If a link or URL is provided, it must link to your Replicated Website or your Registered External Website.
ONECARD Global’s products and services may not be listed on eBay or other online auctions, nor may ONECARD Member enlist or knowingly allow a third party to sell ONECARD Global products on eBay or other online auction.
ONECARD Member may not list or sell ONECARD Global products on any online retail store or ecommerce site, nor may you enlist or knowingly allow a third party to sell ONECARD Global products on any online retail store or ecommerce site.
You may place banner advertisements on a website provided you use ONECARD Global-approved templates and images. All banner advertisements must link to your Replicated Website or a Registered External Website. ONECARD Member may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with ONECARD Global products or the ONECARD Global opportunity.
Spam linking is defined as multiple consecutive submissions of the same or similar content to 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 dexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
ONECARD Members may upload, submit or publish ONECARD Global-related video, audio or photo content that they develop and create so long as it aligns with ONECARD Global values, contributes to the ONECARD Global community for greater good and follows ONECARD Global’s Policies and Procedures. All submissions must clearly identify you as an Independent ONECARD Global ONECARD Member in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. ONECARD Member may not upload, submit or publish any content (video, audio, presentations or any computer files) received from ONECARD Global or captured at official ONECARD Global events or in buildings owned or operated by ONECARD Global without prior written permission.
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to either the sponsoring ONECARD Member’s Replicated Website or to the sponsoring ONECARD Member’s Registered External Website. The display URL must also be to either the sponsoring ONECARD Member’s Replicated Website or to your Registered External Website, and must not portray any URL that could lead the user to believe they are being directed to a ONECARD Global Corporate site, or be inappropriate or misleading in any way.
Except as set forth in the ONECARD Member Website Application and Agreement, ONECARD Member may not use or attempt to register any of ONECARD Global’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.
Social Media may be used by ONECARD members to share information about the ONECARD Global business opportunity and for prospecting and sponsoring. However, ONECARD members who elect to use Social Media must adhere to the Policies and Procedures in all respects.
Social Media sites may be used to offer ONECARD products or services. Profiles a ONECARD Member generates in any social community where ONECARD Global is discussed or mentioned must clearly identify the ONECARD Members as an Independent ONECARD Member, and when a ONECARD Member participates in those communities, ONECARD Members 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 ONECARD Global’s sole discretion, and the offending member will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the ONECARD Global approved library. If a link is provided, it must link to the posted ONECARD Member’s Replicated Website or a Registered External Website.
ONECARD Member may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments ONECARD Members create or leave must be useful, unique, relevant and specific to the blog’s article.
ONECARD Members are personally responsible for their postings and all other online activity that relates to ONECARD Global. Therefore, even if a ONECARD Member does not own or operate a blog or Social Media site, if a ONECARD Member posts to any such site that relates to ONECARD Global or which can be traced to ONECARD Global, the ONECARD Members responsible for the posting. ONECARD Members are also responsible for postings which occur on any blog or Social Media site that the ONECARD Member owns, operates, or controls.
You must disclose your full name on all social media postings, and conspicuously identify yourself as an independent ONECARD Member for ONECARD Global. Anonymous postings or use of an alias is prohibited.
Social media sites are relationship-building sites. While building relationships is an important part of the sales process, social media sites may not be used as a direct medium for generating sales or explaining the ONECARD Global income opportunity. Online sales may only be generated from a ONECARD Member’s ONECARD Global replicated website. Likewise, ONECARD Member shall not use any Social Media site to explain the ONECARD Global compensation plan or any component of the compensation plan.
Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the ONECARD Global income opportunity, ONECARD Global’s products and services, and/or your biographical information and credentials.
If you use the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is your responsibility to ensure that you have received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and you must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
Always respect the privacy of others in your postings. ONECARD Members must not engage in gossip or advance rumors about any individual, company, or competitive products or services. ONECARD Member may not list the names of other individuals or entities on their postings unless they have the written permission of the individual or entity that is the subject of their posting.
You must ensure that your postings are truthful and accurate. This requires that you fact-check all material you post online. You should also carefully check your postings for spelling, punctuation, and grammatical errors. Use of offensive language is prohibited.
ONECARD Member may not make any postings, or link to any postings or other material that:
Do not converse with one who places a negative post against you, other independent ONECARD Members or ONECARD Global. Report negative posts to the Company at support@ONECARDGlobal.com. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as ONECARD Global, and therefore damages the reputation and goodwill of ONECARD Global.
Because some social media sites are particularly robust, the distinction between a social media site and a website may not be clear cut. ONECARD Global therefore reserves the sole and exclusive right to classify certain social media sites as websites and require that ONECARD Member using, or who wish to use, such sites adhere to the Company’s policies relating to independent websites.
If your ONECARD Global business is cancelled for any reason, you must discontinue using the ONECARD Global name, and all of ONECARD Global’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any social media site on which you have previously identified yourself as an independent ONECARD Member, you must conspicuously disclose that you are no longer an independent ONECARD Member.
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a ONECARD Member by submitting a ONECARD Member Application and Agreement along with a properly completed Business Entity Application and Agreement and a properly completed IRS form W-9. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively “ONECARD Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to ONECARD Global, compliance with the ONECARD Global Policies and Procedures, the ONECARD Member Agreement, and other obligations to ONECARD Global.
To prevent the circumvention of Sections 4.23 (regarding transfers and assignments of a ONECARD Global business) and 4.5, (regarding Sponsorship Changes), if any ONECARD Affiliated Party wants to terminate his or her relationship with the Business Entity or ONECARD Global, the ONECARD Affiliated Party must terminate his or her affiliation with the Business Entity, notify ONECARD Global in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 4.23. In addition, the ONECARD Affiliated Party foregoing their interest in the Business Entity may not participate in any other ONECARD Global business for six consecutive calendar months in accordance with Section 4.5.3. If the Business Entity wishes to bring on any new ONECARD Members, it must adhere to the requirements of Section 4.23.
The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 4.5, below, which must be included with the written request and the completed ONECARD Member Application and Agreement. ONECARD Global may, at its discretion, require notarized documents before implementing any changes to a ONECARD Global business. Please allow thirty (30) days after the receipt of the request by ONECARD Global for processing.
Each ONECARD Member must immediately notify ONECARD Global of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business ONECARD Affiliated Parties.
ONECARD Global prohibits changes in sponsorship. Accordingly, the transfer of a ONECARD Global business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the Compliance Department and must include the reason for the transfer. Transfers will only be considered in the following three circumstances:
In cases in which the new ONECARD Members sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, an ONECARD Member may request that he or she be transferred to another organization with his or her entire marketing organization intact. Requests for transfer under this policy will be evaluated on a case-by-case basis and must be made within 1 business day from the date of enrollment. The ONECARD Member requesting the change has the burden of proving that he or she was placed beneath the wrong sponsor. It is up to ONECARD Global’s discretion whether the requested change will be implemented.
The ONECARD Member seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of his or her upline sponsor ONECARD Member in his or her Marketing Organization. Photocopied or facsimile signatures are not acceptable. If the transferring ONECARD Member also wants to move any of the ONECARD Members in his or her marketing organization, each downline ONECARD Member must also obtain a properly completed Sponsorship Transfer Form and return it to ONECARD Global. Downline ONECARD Member will not be moved with the transferring ONECARD Member unless all of the requirements of this paragraph are met. Transferring ONECARD Member must be allowed thirty (30) days after the receipt of the Sponsorship Transfer Forms by ONECARD Global for processing and verifying change requests.
A ONECARD Member may legitimately change organizations by voluntarily canceling his or her ONECARD Global business and remaining inactive (i.e., no purchases of ONECARD Global products for resale, no sales of ONECARD Global products, no sponsoring, participation in any other form of ONECARD Member activity, or operation of any other ONECARD Global business, no income from the ONECARD Global business) for three (3) full calendar months. Following the three-month period of inactivity, the former ONECARD Member will be a Free card entity and may decide at any time to participate in “Share To Earn” program or reapply as a Channel Partner, however, the former ONECARD Member’s downline will remain in their original line of sponsorship.
In cases in which the appropriate sponsorship changes procedures have not been followed, and a downline organization has been developed in the second business developed by a ONECARD Member, ONECARD Global reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, MEMBERS WAIVE ANY AND ALL CLAIMS AGAINST ONECARD GLOBAL, INC., ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM ONECARD GLOBAL’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
A ONECARD member is fully responsible for all of his or her verbal and written statements made regarding ONECARD Global products, services, and the Compensation Plan that are not expressly contained in official ONECARD Global materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through social media, in print, or any other means of communication. ONECARD Members agree to indemnify ONECARD Global and ONECARD Global’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by ONECARD Global as a result of ONECARD Member’s unauthorized representations or actions. This provision shall survive the termination of the ONECARD Member Agreement.
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by ONECARD Global may be made except those contained in official ONECARD Global literature. In particular, no ONECARD Member may make any claim that ONECARD Global products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the Associate Agreement, they also violate the laws and regulations of the United States, Canada, and other jurisdictions.
Because ONECARD Members do not have the data necessary to comply with the legal requirements for making income claims, an ONECARD Member, when presenting or discussing the ONECARD Global opportunity or Compensation Plan to a prospective ONECARD Member, may not make income projections, income claims, or disclose his or her ONECARD Global income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records).
ONECARD Global’s corporate ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we will develop a ONECARD Global Income Disclosure Statement (“IDS”). The ONECARD Global IDS is designed to convey truthful, timely, and comprehensive information regarding the income that ONECARD Members can earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective ONECARD Member when the company has one year of financial information.
A copy of the IDS must be presented to a prospective ONECARD Member (someone who is not a party to a current ONECARD Global ONECARD Member 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 actual earnings, (2) statements of projected earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims.
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 ONECARD Global income exceeded my salary after six months in the business,” or “Our ONECARD Global business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective ONECARD Member or ONECARD Member in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed, or any type of income claims is made, you must provide every prospective ONECARD Member with a copy of the IDS with any discussion of the Compensation Plan or the making of an income claim.
Copies of the IDS may be printed or downloaded without charge from the corporate website at http://www.ONECARDGlobal.com/IDS when they are ready for presentation.
ONECARD Members who develop sales aids and tools in which the Compensation Plan or income claims are present must incorporate the IDS into each such sales aid or tool prior to submission to the Company for review.
ONECARD Global products may only be sold in their original packaging. ONECARD members may not repackage, re-label, or alter the labels on ONECARD Global products. Tampering with labels/packaging could be a violation of federal and state laws and may result in civil or criminal liability. ONECARD members may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
ONECARD Member may not sell ONECARD Global products from a commercial outlet, nor may ONECARD Member display or sell ONECARD Global products or literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell ONECARD Global products.
ONECARD Member may display and/or sell ONECARD Global products at trade shows and professional expositions. Before submitting a deposit to the event promoter, ONECARD Member must contact the ONECARD Member Services department in writing for conditional approval, as ONECARD Global’s policy is to authorize only one ONECARD Global business per event. Final approval will be granted to the first ONECARD Member who submits an official advertisement of the event, a copy of the contract signed by both the ONECARD Member and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the compliance department. ONECARD Global further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the ONECARD Global opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image ONECARD Global wishes to portray.
ONECARD Members are allowed to participate in other marketing business ventures or marketing opportunities during the term of this Agreement, ONECARD Member may directly or indirectly recruit other ONECARD Members or Customers for any other network marketing business.
The term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another ONECARD Member or Customer to enroll or participate in another sales opportunity.
If a ONECARD member is engaged in other non-ONECARD Global selling programs, it is the responsibility of the ONECARD Member to ensure that his or her ONECARD Global business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
“Confidential Information” includes, but is not limited to, Downline Reports, the identities of ONECARD Global customers and ONECARD Members, contact information of ONECARD Global customers and ONECARD Members, personal and group sales volumes, and ONECARD Member rank and/or achievements. Confidential Information is, or may be available, to ONECARD members in their respective back-offices. ONECARD Member access to such Confidential Information is password protected and is confidential and constitutes proprietary information and business trade secrets belonging to ONECARD Global. Such Confidential Information is provided to ONECARD members in the strictest confidence and is made available to ONECARD members for the sole purpose of assisting ONECARD members in working with their respective organizations in the development of their ONECARD Global business. ONECARD members may not use the reports for any purpose other than for developing their own ONECARD Global business. Where a ONECARD Member participates in other marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. ONECARD members should use the Confidential Information to assist, motivate, and train their downline ONECARD Member. The ONECARD Member and ONECARD Global agree that, but for this agreement of confidentiality and nondisclosure, ONECARD Global would not provide Confidential Information to the ONECARD Members.
To protect the Confidential Information, ONECARD Member shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement and shall remain effective and binding irrespective of whether a ONECARD Member’s Agreement has been terminated, or whether the ONECARD Members or is not otherwise ONECARD Affiliated with the Company.
ONECARD Global does condone ONECARD Member specifically or consciously for targeting the sales force of another sales company to give ONECARD as an advertising tool to promote their company’s products. ONECARD nor does ONECARD Global condone ONECARD Member solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should ONECARD Member engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a ONECARD Member alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, ONECARD Global will not pay any of the ONECARD Member’s defense costs or legal fees, nor will ONECARD Global indemnify the ONECARD Member for any judgment, award, or settlement. ONECARD Global believes that offering ONECARD digital business card, can only enhance that company’s sales force.
If a ONECARD Member has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the ONECARD Member must notify ONECARD Global in writing within 60 days of the date of the purported error or incident in question. ONECARD Global will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
Neither federal nor state regulatory agencies or officials approve or endorse any selling or marketing companies or programs. Therefore, ONECARD Member shall not represent or imply that ONECARD Global or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
ONECARD Member must not manipulate enrollments of new applicants and purchases of products. All ONECARD Member Applications and Agreements, and product orders must be processed in the ONECARD Member back-office within 24 hours from the time they are signed by an ONECARD Member or placed by a customer, respectively.
Each ONECARD Members responsible for paying local, state/provincial, and federal taxes on any income generated as an Independent ONECARD Member. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If a ONECARD Member’s ONECARD Global business is tax exempt, the Federal tax identification number must be provided to ONECARD Global. Every year, ONECARD Global will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000.
ONECARD Member are independent contractors. The agreement between ONECARD Global and its ONECARD Member does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the ONECARD Member. ONECARD Member shall not be treated as an employee for his or her services or for Federal or State tax purposes. All ONECARD Member are responsible for paying local, state, and federal taxes due from all compensation earned as a ONECARD Member of the Company. The ONECARD Member has no authority (expressed or implied), to bind the Company to any obligation. Each ONECARD Member shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the ONECARD Member Agreement, these Policies and Procedures, and applicable laws.
You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present home owner’s policy.
ONECARD Members are authorized to sell ONECARD Global products and services and enroll customers or ONECARD members only in the countries in which ONECARD Global is authorized to conduct business, as announced in official Company literature. ONECARD Global products or sales aids may not be shipped to or sold in any foreign country. ONECARD members may sell, give, transfer, or distribute ONECARD Global products or sales aids only in their home country. In addition, no ONECARD Member may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or ONECARD Affiliate; or (c) conduct any other activity for the purpose of selling ONECARD Global products, establishing a marketing organization, or promoting the ONECARD Global opportunity.
ONECARD Member must never purchase more products than they can reasonably use or sell to retail customers in a month and must not influence or attempt to influence any other ONECARD Member to buy more products than they can reasonably use or sell to retail customers in a month.
ONECARD members shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to ONECARD members because of the nature of their business. However, ONECARD members must obey those laws that do apply to them. If a city or county official tells a ONECARD Member that an ordinance applies to him or her, the ONECARD Member should be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of ONECARD Global.
A ONECARD Member may operate or have an ownership interest, legal or equitable, as a sole proprietor, partner, shareholder, trustee, or beneficiary, in only one ONECARD Global business. No individual may have, operate or receive compensation from more than one ONECARD Global business. Individuals of the same household may enter into or have an interest in one ONECARD Global Business, but each individual may have a ONECARD Free or ONECARD Premium account under their individual name, email and phone number. A “Household” is defined as spouses and dependent children living at or doing business at the same address.
An exception to the one business per ONECARD Member rule will be considered on a case by case basis if two ONECARD Member marry or in cases of a ONECARD Member receiving an interest in another business through inheritance. Requests for exceptions to policy must be submitted in writing to the Compliance Department.
If any member of a ONECARD Member immediate household engages in any activity which, if performed by the ONECARD Member, would violate any provision of the Agreement, such activity will be deemed a violation by the ONECARD Member and ONECARD Global may take disciplinary action pursuant to the Statement of Policies against the ONECARD Member. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and ONECARD Global may take disciplinary action against the Business Entity. Likewise, if a ONECARD Member enrolls in ONECARD Global as a Business Entity, each ONECARD Member Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
Any request from a ONECARD Member for copies of invoices, applications, downline activity reports, or other records will require a fee of $3.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records. All records are available in the distributors' back office at no charge.
When a vacancy occurs in a Marketing Organization due to ONECARD Members below you or the termination of a ONECARD Global business, each ONECARD Member in the first level immediately below the terminated ONECARD Member on the date of the cancellation will be moved to the first level (“front line”) of the terminated ONECARD Affiliate’s sponsor.
Although a ONECARD Global business is a privately owned and independently operated business, the sale, transfer or assignment of a ONECARD Global business, and the sale, transfer, or assignment of an interest in a Business Entity that owns or operates a ONECARD Global business, is subject to certain limitations. If a ONECARD Member wishes to sell his or her ONECARD Global business, or is interested in a Business Entity that owns or operates a ONECARD Global business, the following criteria must be met:
Prior to selling an independent ONECARD Global business or Business Entity interest, the selling ONECARD Member must notify ONECARD Global’s Compliance Department in writing and advise you of his or her intent to sell his/her ONECARD Global business or Business Entity interest. The selling ONECARD Member must also receive written approval from the Compliance Department before proceeding with the sale. No changes in the line of sponsorship can result from the sale or transfer of a ONECARD Global business.
ONECARD members sometimes operate their ONECARD Global businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other business entities. At such time as a marriage may end in divorce or a corporation, LLC, partnership, trust or other Business Entity 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.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will ONECARD Global split commission and bonus checks between divorcing spouses or members of dissolving entities. ONECARD Global will recognize only one Downline Organization and will issue only one commission check per ONECARD Global business per commission cycle. Commission checks shall always be issued to the same individual or entity.
If a former spouse has completely relinquished all rights in the original ONECARD Global business pursuant to a divorce, he or she is thereafter to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity ONECARD Member who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as a ONECARD Member. In either case, the former spouse or business ONECARD Member shall have no rights to any ONECARD Member in their former organization or to any former retail customer. They must develop the new business in the same manner as would any other new ONECARD Member.
When sponsoring a new ONECARD Member through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the online application and agreement, ONECARD Global’s Policies and Procedures, and the ONECARD Global Compensation Plan. The sponsor may not fill out the online application and agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
Upon the death or incapacitation of a ONECARD Member, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a ONECARD Member should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a ONECARD 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 ONECARD Member’s marketing organization provided the following qualifications are met. The successor(s) must:
To affect a testamentary transfer of a ONECARD Global business, the executor of the estate must provide the following to ONECARD Global: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to ONECARD Global specifying to whom the business and income should be transferred.
To effectuate a transfer of a ONECARD Global business because of incapacity, the successor must provide the following to ONECARD Global: (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 ONECARD Global business; and (3) a completed ONECARD Member Agreement executed by the trustee.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although ONECARD Global does not consider ONECARD Member to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, ONECARD Member must not engage in telemarketing in the operation of their ONECARD Global businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a ONECARD Global product or service, or to recruit them for the ONECARD Global opportunity. “Cold calls" made to prospective customers or ONECARD Member that promote either ONECARD Global’s products or services or the ONECARD Global opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or ONECARD Member (a "prospect") is permissible under the following situations:
ONECARD Global makes online back offices available to its ONECARD Members. Back offices provide ONECARD Member access to confidential and proprietary information that may be used solely and exclusively to promote the development of a ONECARD Member’s ONECARD Global business and to increase sales of ONECARD Global products. However, access to a back office is a privilege, and not a right. ONECARD Global reserves the right to deny ONECARD Member’ access to the back office at its sole discretion.
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that ONECARD Global’s files are current. Street addresses are required as part of unique identification. ONECARD members planning to change their e-mail address or move must send their new address and telephone numbers to ONECARD Global’s Corporate Offices for the attention of the Compliance Department. A ONECARD Affiliate whose contact information changes may also amend their contact information through their ONECARD Member Back Office.
Any ONECARD Member who sponsors another ONECARD Member to ONECARD Global must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her ONECARD Global business. ONECARD Members must have ongoing contact and communication with the ONECARD members in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline ONECARD members to ONECARD Global meetings, training sessions, and other functions. Upline ONECARD members are also responsible for motivating and training new ONECARD members in ONECARD Global product knowledge, effective sales techniques, the ONECARD Global Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of members of ONECARD Members must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of ONECARD Member-produced sales aids and promotional materials).
ONECARD Member should monitor the ONECARD Member in their Downline Organizations to guard against downline ONECARD Member making improper product or business claims, or engaging in any illegal or inappropriate conduct.
As ONECARD members progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the ONECARD Global program. They will be called upon to share this knowledge with less experienced ONECARD members within their organization.
Regardless of their level of achievement, ONECARD Members have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
ONECARD Global wants to provide its independent ONECARD Members with the best products, compensation plans, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Compliance Department. Remember, to best serve you, we must hear from you! While ONECARD Global welcomes constructive input, negative comments and remarks made in the field by ONECARD Member about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other ONECARD Global members. For this reason, and to set the proper example for their downline, ONECARD Member must not disparage, demean, or make negative remarks about ONECARD Global, other ONECARD Global ONECARD Affiliate, ONECARD Global’s products, the Marketing and Compensation plan, or ONECARD Global’s directors, officers, or employees.
ONECARD Members must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become ONECARD Member before the applicant signs a ONECARD Member Agreement or ensure that they have online access to these materials.
The ONECARD Global Compensation Plan is based on the sale of ONECARD Global products and services to end consumers. ONECARD members must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for commissions. The following sales requirements must be satisfied for ONECARD Member to be eligible for commissions:
There are no exclusive territories granted to anyone at this time. However, at some time in the future, ONECARD may deem it necessary to create territories in order to maintain the integrity of the sales channel and protection of its Channel Partners and Distributors.
All initial sign-ups are done online and our ONECARD product is. Welcome emails will be sent to new customers as part of the sign-up process. Sales receipts for upgrades will be emailed to the address on file.
ONECARD Member receive bonuses, commissions, or overrides based on the actual sales of products and services to end consumers. When a service is cancelled or a product is returned to ONECARD Global for a refund or is repurchased by the Company, any of the following may occur at the Company’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the ONECARD Member and upline ONECARD Member who received commissions, or overrides on the sales of the refunded product(s) or cancelled service, in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered; (2) the ONECARD Member or upline ONECARD Member who earned commissions, or overrides based on the sale of the returned product(s) or cancelled service will have the corresponding points deducted from their Group Volume in the next month and all subsequent months until it is completely recovered; or (3) the commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service may be deducted from any refunds or credits to the ONECARD Member who received the commissions, or overrides on the sales of the refunded product(s) or cancelled service.
The Company pays commissions via I-Payout e-wallet. There is a special fee rate from I-Payout for ONECARD Members available in your back office. A ONECARD Member may also request a hard-copy from I-Payout for their fees schedules for each country on type of disbursement.
If a ONECARD Member fails to submit a W-9 form, ONECARD Global will deduct the necessary withholdings from the ONECARD Member’s commission checks as required by law.
All information provided by ONECARD Global in downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by ONECARD Global or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONSUMERS EDGE INTERNATIONAL 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 PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF ONECARD GLOBAL, INC. OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ONECARD GLOBAL, INC. OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of ONECARD Global’ online and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to ONECARD Global’ online reporting services and your reliance upon the information.
Federal and state law requires that ONECARD Member notify their retail customers that they have three (3) business days (5 business days for Alaska residents. Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon return of the products. ONECARD Member MUST verbally inform their customers of this right.
The following provision sets forth the minimum refund permitted by law to a retail customer:
A customer or ONECARD Member who makes a purchase of $25.00 or more has three business days (72 hours, excluding Sundays and legal holidays) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt (5 days for Alaska residents).
Upon cancellation of a ONECARD Member’s Agreement, the ONECARD Member does not have any obligations to ONECARD Global to return anything. There are no required business kits or sales aids required.
A Montana resident may cancel his or her ONECARD Member Agreement within 15 days from the date of enrollment and may return his or her Business Kit for a full refund within such time period.
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 ONECARD Member 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 ONECARD Affiliate’s ONECARD Global business), may result, at ONECARD Global's discretion, in one or more of the following corrective measures:
When a ONECARD Member has a grievance or complaint with another ONECARD Member regarding any practice or conduct in relationship to their respective ONECARD Global businesses, the complaining ONECARD Member should first report the problem to his or her 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 the ONECARD Member Services Department at the Company. The ONECARD Member Services Department will review the facts and attempt to resolve them.
Prior to instituting an 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 mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in the City of Deerfield Beach, Florida, and shall last no more than two 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 arbitration. The parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS in dispute (“JAMS”) under their respective rules and procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’s Streamlined Arbitration Rules & Procedures will also be emailed to ONECARD Member upon request to ONECARD Global’s Compliance Department.
Notwithstanding the rules of the AAA or JAMS, the following shall apply to all arbitration actions:
All arbitration proceedings shall be held in Deerfield Beach, Florida. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The arbitration shall occur within 180 days from the date on which the arbitration is filed, and shall last no more than five business days. The parties shall be allotted equal time to present their respective cases. 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 arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party 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 its intellectual property rights, and/or to enforce its rights under the non-solicitation provision of the Agreement.
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Broward County, State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement.
Notwithstanding the foregoing, residents of the State of Louisiana shall be entitled to bring an action against ONECARD Global in their home forum and pursuant to Louisiana law.
All checks returned by a ONECARD Member’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the ONECARD Member. After receiving a returned check from a customer or a ONECARD Member, all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to ONECARD Global by a ONECARD Member for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.
ONECARD members shall not permit other ONECARD members or customers to use his or her credit card, or permit debits to their checking accounts, to enroll or to make purchases from the Company.
ONECARD Global is not required to charge sales taxes on digital purchases made by ONECARD Members and customers.
So long as a ONECARD Member remains active and complies with the terms of the ONECARD Member Agreement and these Policies and Procedures, ONECARD Global shall pay commissions to such ONECARD Member in accordance with the Compensation Plan. A ONECARD Affiliate’s bonuses and commissions constitute the entire consideration for the ONECARD Affiliate's efforts in generating sales and all activities related to generating sales. Following a ONECARD Member’s non-renewal of his or her ONECARD Member Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her ONECARD Member Agreement (all of these methods are collectively referred to as “cancellation”), the former ONECARD Member shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization. A ONECARD Member whose business is cancelled will lose all rights as a ONECARD Member. This includes the right to sell ONECARD Global products and services and the right to receive future commissions, or other income resulting from the sales and other activities of the ONECARD Member’s former downline sales organization. In the event of cancellation, ONECARD Member agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.
Following a ONECARD Members’ cancellation of his or her ONECARD Member Agreement, the former ONECARD Member shall not hold himself or herself out as a ONECARD Global ONECARD Member and shall not have the right to sell ONECARD Global products or services. A ONECARD Member whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
A ONECARD Affiliate’s violation of any of the terms of the Agreement, including any amendments that may be made by ONECARD Global in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her ONECARD Member Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the ONECARD Member’s last known address, email address, or fax number, or to his/her attorney, or when the ONECARD Member receives actual notice of cancellation, whichever occurs first.
ONECARD Global reserves the right to terminate all ONECARD Member Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
A participant in this network marketing plan 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. The written notice must include the ONECARD Affiliate’s signature, printed name, address, and ONECARD Member I.D. Number.
A ONECARD Member may also voluntarily cancel his or her ONECARD Member Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew a ONECARD Member's Agreement upon its anniversary date.
Active Customer — A Customer who purchases ONECARD Global products.
Active ONECARD Member— A ONECARD Member who satisfies the minimum Personal Sales Volume requirements, as set forth in the ONECARD Global Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.
Active Classification— The term “active classification” refers to the current package and account classification of a ONECARD Member, as determined by the ONECARD Global Compensation Plan, for any pay period. To be considered “active” relative to a particular classification, a ONECARD Member must meet the criteria set forth in the ONECARD Global Compensation Plan for his or her respective classification. (See the definition of “Rank” below.)
ONECARD Affiliated Party — A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.
Agreement— The contract between the Company and each ONECARD Member includes the ONECARD Member Application and Agreement, the ONECARD Global Policies and Procedures, the ONECARD Global Compensation Plan, and the Business Entity Form (where appropriate), all in their current form and as amended by ONECARD Global in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel— The termination of a ONECARD Member’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Downline Leg— Each one of the individuals enrolled immediately underneath you respective marketing organizations represents one “leg” in your organization.
Household— Spouses, heads-of-household, and dependent family members residing in the same residence.
Immediate Household— Spouses, heads-of-household, and dependent family members residing in the same residence.
Level— The layers of downline Customers and ONECARD Member in a particular ONECARD Member’s Organization is ONE level. This term refers to the relationship of a ONECARD Member relative to a particular upline ONECARD Member.
Marketing Organization— The Customers and ONECARD Member sponsored by a particular ONECARD Member. This organization may go down to a Single Level.
Official ONECARD Global Material— Literature, Digital Audio and Video, websites, and other materials developed, printed, published and/or distributed by ONECARD Global to ONECARD Member.
Rank— The “title” that a ONECARD Member holds pursuant to the ONECARD Global Compensation Plan. “Title Rank” refers to the following: Free Card, Premium Card which requires a paid $69.00/year card (with or without “share to earn option), Business Card, Enterprise Card, (pricing based on publish quantity discounts off MSRP). Members can also submit requests to become a Referral Partner; Channel Partner; or Master Distributor. Which will be handled in separate agreements.
Recruit— For purposes of ONECARD Global’s Conflict of Interest Policy (Section 4.9), the term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another ONECARD Member or Customer to enroll or participate in another sales opportunity.
Registered External Website— A ONECARD Member’s approved personal website that is hosted on non-ONECARD Global servers and has no official affiliation with ONECARD Global.
Replicated Website— A website provided by ONECARD Global to ONECARD Member which utilizes website templates developed by ONECARD Global.
Customer— An individual who purchases ONECARD Global products from a ONECARD Member but who is not a participant in the ONECARD Global compensation plan.
Retail Sales— Sales to a Retail Customers.
Social Media— Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, Myspace, Twitter, LinkedIn, Delicious, and YouTube.
Sponsor— A ONECARD Member who enrolls a Customer or another ONECARD Member into the Company and is listed as the Sponsor on the ONECARD Member Application and Agreement. The act of enrolling others and training them to become ONECARD Members called “sponsoring.”
Upline— This term refers to the ONECARD Member or ONECARD Member above a particular ONECARD Member in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any ONECARD Member to the Company.
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