Policies & Procedures : Natural Guardian International is a DBA of Funding America, Inc.
1. Legal Age: An Affiliate must be 18 years of age or of legal age in the state in which they enter into this agreement.
2. Acceptance: An Affiliate shall become a Natural Guardian International (hereinafter referred to as Company or Natural Guardian Int.) Affiliate (hereinafter referred to as an (Affiliate) upon acceptance of this application by the Company. At this time the (Affiliate) will be issued a Natural Guardian Int. Affiliate Identification Number. As an (Affiliate), you shall have the right to sell the services and products, hereinafter referred to as products, offered by the Company.
3. Policy Changes: To maintain as a viable marketing company, upon notification to (Affiliate) by mail, fax, or email, or by posting on the Company Website. The Company may at its discretion, amend its Marketing Plan, Products, Policies/Procedures, Return Policies, Product Prices etc. when/as needed. After change the (Affiliate) acceptance of commissions and or bonuses constitutes his/her acceptance of such amendments at once.
4. Authorization: My signature on the enrollment form or by my enrollment on the company website affirms that I have carefully reviewed and agree to the policies & procedures, return product policy, commission policy, etc., and acknowledge that they are incorporated as part of this agreement in their present form and as modified as listed above by the Company with notification with out my signature required.
5. Canceling Positions: I understand that the Company or I may cancel my participation in the Affiliate program at any time and for any reason.
6. Responsibilities: Each (Affiliate) will be responsible for their own business and not an employee of the Company. (Affiliate) will not be treated as an employee in regard to any laws covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, Income Tax withholding at source or of any federal or state tax. As an (Affiliate), I understand it is my responsibility to pay self -employment, state and federal income taxes as required by law, and provide any insurance(s) needed.
7. Company Name, Trademarks & Logo's: An (Affiliate) shall not use the Company's trade name and or trademark except in the advertising provided by the Company or in any other advertising without prior written approval by the Company.
8. Assisting Your Downline: Any (Affiliate): who sponsors other (Affiliates) must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. (Affiliate) must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training, etc. (Affiliate) should be able to provide evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities if requested by corporate office.
9. Product Sales: The Company's marketing program is built upon sales to the ultimate consumer. The company also recognizes that (Affiliate) may wish to purchase product in reasonable amounts for their own personal or family use. An (Affiliate) should sell or consume at least 70% of all products purchased from the Company each month. It is company policy, however, to strictly prohibit the purchase of products in large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement. It is advisable to have enough inventory on hand to be able to provide products to your customers as needed.
10. An (Affiliate), Shall: (A) Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Company products. (B) At the (Affiliate) own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement.
11. No Enrollment Fee: No enrollment fee is necessary to become a Company (Affiliate), other than the purchase of 39 PV's of products per month if drawing off of {Level 1 to Level 4}.
12. Media: (Affiliate) may not represent Company in any area of the media without prior written authorization from the company. This includes but is not limited to the use of internet websites or pages (other than Company issued website), radio, newspapers, magazines, etc or any type of advertising to publicize Company products or financial opportunity.
13. Compliance: The Company may Immediately Terminate an (Affiliate) who discredits the Company's name, violates any requirement contained in this Agreement, Company Policy and Procedures, or training manuals or misrepresents the Company's products or business opportunity by making claims contrary to the Company's product literature and labels. Contacting any of our Vendors or Formulator's to purchase competitive products or equipment for the purpose of resale to other members or customers outside of our marketing plan is strictly prohibited.
14. Commissions: All monthly commission checks are mailed out on the 15th of the month, for last month's business.
15. Misrepresentations: It is unlawful and unauthorized by Company to make False or Misleading representations as to income made by you or possible future earnings. Only product claims included in official Natural Guardian Literature and Training Materials are allowed. Natural Guardian insists on very rigid adherence to this policy and will not tolerate false or misleading claims. (Refer to paragraph 29)
16 Enrollment of Husband or Wife: The spouse MUST be enrolled by the other spouse member. It's not allowed for one spouse to be signed up in a different up-line or sponsor, etc. This is to protect you from having your sponsor move their business to a new Tier..
17. Other Businesses and Conflicts Of Interest: (Affiliate) and their immediate household members are prohibited from the following: (1). Enrolling or Recruiting Natural Guardian Int. (Affiliate) for other business ventures, either directly or indirectly or through a third party, with the exception of those Marketing Associates he/she personally enrolled. (2). A Natural Guardian Int. (Affiliate) is prohibited from presenting or assisting in the presentation of other business ventures to any Natural Guardian Int. (Affiliate) in an effort to recruit him/her to other business ventures. (3). It is a violation of this policy to recruit or enroll a Natural Guardian Int. (Affiliate) for another business even if the Marketing Associate does not know that the prospect is also a Natural Guardian Int. (Affiliate). As an (Affiliate) of Natural Guardian Int., it is your responsibility to first determine whether the prospect is a Natural Guardian Int. (Affiliate) before making a presentation or enrolling the prospect for another business venture. (4). It is a violation of this policy to hold an officer's position in any other marketing company while an (Affiliate) of Natural Guardian Int. (Refer to Paragraph 29)
18. Voluntary Resignation: If an (Affiliate) chooses to resign from Natural Guardian Int, a signed letter of resignation must be presented to the company. The (Affiliate) will be eligible to reapply at any time, but must go back under original sponsoring (Affiliate) if less than 6 months from the date of resignation. After being out of the company for 6 months or more, they may rejoin under a different sponsoring (Affiliate). In the event of this type of written resignation and your position is removed, the (Affiliate) on your top level with the largest active group will roll-up and move into your position; they will inherit your other top level legs and groups. Your personals will become personals of resigning (Affiliate) direct sponsor.
19. Involuntary Termination: In the event of a breech or violation of the Policies and Procedures that has been confirmed by Natural Guardian Int, Company may elect to terminate the offending (Affiliate). The termination procedure will be handled as follows: (A). A written notice of termination will be sent to the offending (Affiliate). (B). The (Affiliate) will then have a total of 15 days to present his/her rebuttals and reasons why they should not be terminated. (C). within 7 days of receipt of the Rebuttal letter, the Company will make the final decision as to whether to terminate the (Affiliate) position in question. If no letter is received within the 15 days, Company will consider termination complete and the (Affiliate) position will be removed from the matrix and roll-ups will follow as is outlined in 20E below. (D). The (Affiliate) in question will not be allowed to attend any Company functions or meetings until agreed upon by both parties. (E). If a decision is made to terminate this (Affiliate) position, the (Affiliate) on your top level with the largest active group will roll-up and move into the terminated (Affiliate) position, and will inherit the associated other top level legs and groups. The terminated (Affiliate) personals and customers will become personals of your direct sponsor. Either voluntary resignation or Involuntary Termination will result in the (Affiliate) loss of all rights to his/her marketing organization. This shall become effective and the (Affiliate) will be inactive on the date on which the notice is mailed out. Any commissions or bonuses due will be those due on the last full month of business prior to termination or cancellation. (Refer to paragraph 29)
20 Check Fees: The Company has a fee of $1.00 that will be deducted from any (Affiliate) commission/bonus check etc. for administrative services/fees. There will also be a $25.00 fee for returned checks or failed auto drafts.
21 Auto-Ships if set up by: (Affiliate) at 5pm est. on the last business day of each month (or on Saturday at 1 pm EST if the last day is on a Saturday or Sunday.) No other orders can be placed and all auto-ships will be processed, and the month is closed out. You cancel your Auto-Ship at anytime, however ref to rule (24) per company policy as listed below, if you don't meet them standards your account will become a Preferred Customer and removed at once from the commission matrix. You will forfeit all down lines and commissions as an (Affiliate) for Natural Guardian Int.
22. Jurisdiction and Venue: This agreement: shall be governed by the laws of the state of North Carolina, and all claims, disputes and other matters between the parties of this agreement shall be heard in Superior Court in Randolph County, or the Middle Federal District Court of North Carolina, and no other court shall have jurisdiction.
23. Selling or Willing Your Matrix Position: No (Affiliate) may sell or will their position to another associate or new associate unless approved by the Company. No positions may be sold unless the position for sale is of one of an Executive Director or higher. Company will approve or disapprove these on a one on one basis at Company's discretion. If approved, purchaser will have to meet all legal and company regulations and agree with the Company Policies and Procedures. If willed, a copy of the will must be on file at the Company office before the time of death.
24. Being active: Your matrix position can be inactive one month every 12 month period. If your account is inactive for any reason whatsoever for any two months during any 12 month period without written permission, your Affiliate position will be forfeited and removed from the matrix on the 15th of the following month. At this time you will forfeit your matrix position plus founder's positions if held. During any time your (Affiliate) position is inactive, it cannot be placed for sale.
25. Product Returns: Upon cancellation the (Affiliate) may return all unencumbered products and sales aids which are in resalable condition which were purchased by the resigning (Affiliate) within the last 30 days. There will be a 20% re-stocking fee charged, plus charge backs all commissions, bonuses, rebates, fast start commissions, and or credits paid by Natural Guardian Inc. relating to the purchase of those products per our commission structure. The (Affiliate) must also call the office and get a RMA number before the product can be returned.
26. Taxes: Natural Guardian Int. will provide a 1099 Form for tax purposes if an (Affiliate) earns over a certain amount of money as required by law. In order to comply with these tax laws, the Company must have on file the (Affiliate) full Social Security Number.
27. Answering the Telephone & Answering Service Messages: No (Affiliate) is allowed to answer the phone or leave a message that in any way will lead the person to believe that they have reached the corporate office of Natural Guardian. Any messages should include the statement, "Natural Guardian Affiliate".
28. Proprietary Information and Trade Secrets: Acceptance of an (Affiliate) of the Policies and Procedures of Natural Guardian states that they agree that all information such as flyers and business reports, including but not limited to, names, addresses, and telephone numbers of (Affiliate), is Natural Guardian' Int proprietary trade secret information. The (Affiliate) agrees not to disclose such information to any third party or to utilize such information for the purposes of marketing any other business opportunity at any time, whether during the term of His/Her association with Natural Guardian or any time thereafter. As an (Affiliate) of Natural Guardian Int, you acknowledge that such proprietary information is of such character as to render it unique, and as such, that disclosure or use thereof is in violation of this provision and will result in irreparable damage to Natural Guardian Int. and the Independent Natural Guardian Business, and damages may be awarded according to the state of venue.
29. Relief: Natural Guardian Int. may be entitled to injunctive relief due to violation of any of these Policies and Procedures. If litigation is required to obtain injunctive relief or to receive damages from violation of these Policies & Procedures, you may be held responsible for, but not limited to, a reasonable amount of attorneys fees, expenses, and loss of profits, loss of income, and any other awards deemed reasonable by a court of law.
30. Entire Agreement: This agreement constitutes: the entire agreement between the (Affiliate) and Natural Guardian Int. and no additional promises, representations, guaranties or agreements of any kind shall be valid. Policies & Procedures last up-dated: 1104-2011. Posted on website and sent by mail to field with Oct 2011 commissions on the 15th of Nov 2011.
