Effective October 1, 2022.
SECTION 1. – MISSION STATEMENT
SECTION 2. – INTRODUCTION
2.1 Purpose of the Influencer Agreement and the Policies and Procedures
2.2 Policies and Procedures Incorporated into Influencer Agreement
2.3 Changes to the Agreement
2.4 Policies and Provisions Severable
2.6 Company Use of Information
SECTION 3. – BECOMING AN INFLUENCER
3.1 Requirements to Become an Influencer
3.2 Enrollment Costs and Product Purchases
3.3 Influencer Benefits
3.4 Term and Renewal of Your ALCACOR Business
SECTION 4. – OPERATING AN ALCACOR BUSINESS
4.1 Adherence to the ALCACOR Compensation Plan
4.2.2. Trademarks and Copyrights
4.2.3 Media and Media Inquiries
4.2.4 Unsolicited Email
220.127.116.11 Requirements for All Commercial Email Messages
18.104.22.168. Additional Requirements for Email Messages Sent to Wireless Devices
4.2.5 Telephone or Online Directory Listings
4.2.6 Television and Radio Advertising
4.2.7 Advertised Prices
4.3 Online Conduct
4.3.1 ALCACOR Replicated Websites
4.3.2 Domain Names, email Addresses and Online Aliases
4.3.3 Online Classifieds
4.3.4 eBay / Online Auctions
4.3.5 Online Retailing
4.3.6 Banner Advertising
4.3.7 Spam Linking
4.3.8 Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)
4.3.9 Sponsored Links / Pay-Per-Click (PPC) Ads
4.3.10 Domain Names and Email Addresses
4.3.11 Social Media
4.3.12 Prohibited Postings
4.3.13 Responding to Negative Posts
4.4 Business Entities
4.4.1 Termination and Re-application
4.4.2 Waiver of Claims
4.5 Unauthorized Claims and Actions
4.5.2 Product Claims
4.5.3 Compensation Plan Claims
4.5.4 Income Claims
4.6 Commercial Outlets
4.7 Military Installations
4.8 Trade Shows, Expositions and Other Sales Forums
4.9 Conflicts of Interest
4.9.1 Crossline Recruiting and Communication
4.9.2 Confidential Information
4.10 Errors or Questions
4.11 Governmental Approval or Endorsement
4.12 Income Taxes
4.13 Independent Contractor Status
4.15 International Marketing
4.16 Excess Inventory and Bonus Buying
4.17 Adherence to Laws, Regulations and the Agreement
4.18 Sale, Transfer or Assignment of ALCACOR Business
4.19 Sales Taxes
4.20 Separation of an ALCACOR Business
4.21 Telemarketing Techniques
4.22 Back Office Access
4.23 Unauthorized Communication
SECTION 5 – RESPONSIBILITIES OF INFLUENCERS
5.1 Change of Address, Telephone, and E-Mail Addresses
5.2 Continuing Development Obligations
5.2.1 Ongoing Training
5.2.2 Increased Training Responsibilities
5.2.3 Ongoing Sales Responsibilities
5.2.4 Reporting Policy Violations
5.4 Providing Documentation to Applicants
SECTION 6 – SALES REQUIREMENTS
6.1 Product Sales
6.2 No Territory Restrictions
SECTION 7 – BONUSES AND COMMISSIONS
7.1 Tax Withholdings
SECTION 8 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
8.1 Disciplinary Sanctions
8.2 Grievances and Complaints
8.5 Governing Law, Jurisdiction, and Venue
SECTION 9 – TERMINATION
9.1 Effect of Termination
9.2 Involuntary Termination
9.3 Voluntary Termination
SECTION 10 – DEFINITIONS
1. MISSION STATEMENT
ALCACOR is reshaping and reclaiming the direct selling industry – giving it back to the people that empower and deserve it. By leveraging blockchain technology, making fair business ethics and community empowerment a primary focus – we are creating a new standard.
Founded by successful entrepreneurs and unmatched industry leaders – ALCACOR is designed to ensure that every networker reaches their full potential.
It’s our Vision to become the pioneers and market leaders in Web3 influencer marketing by fundamentally changing the direct selling industry. ALCACOR is building a decentralized and fair network where members control their data, connections, and destiny.
We are building and sharing with the community – transparent and trustworthy. By leveraging blockchain technology and web3 concepts we deliver the next level of direct selling platforms. But not just connecting brands and customers – we are building an ecosystem full of different modules, providing opportunities that will shape and define the economy of the future, thanks to the massive potential of NFTs.
ALCACOR is, first and foremost, a product of our genuine passion for the direct selling industry and the people it touches. We put our heart and soul into ensuring not only the long-term success of our industry but of every single one of our members.
ALCACOR knows that our success is a direct reflection of the success of our community. So when it comes to ownership, payments, or earning opportunities, we are committed to sharing the benefits fairly with everyone involved.
ALCACOR’s commitment to empowering the community is reflected in everything we do – from the decentralized tech we choose to the ownership structure we enforce and the premium earning opportunities we offer.
Additionally, ALCACOR core-beliefs is to be:
2.1. Purpose of the Influencer Agreement and the Policies and Procedures
The purposes of the Influencer Agreement and the Policies and Procedures include the following:
2.2. Policies and Procedures Incorporated into Influencer Agreement
These Policies and Procedures, in their present form and as amended by ALCACOR Networks, FZCO. (hereafter “ALCACOR” or the “Company”), are incorporated into, and form an integral part of, the ALCACOR Independent Influencer Application and Agreement (“Influencer Agreement”). It is the responsibility of each Influencer 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 ALCACOR Influencer Application and Agreement (including the Terms and Conditions), these Policies and Procedures, and the ALCACOR Business Entity Registration Form (if applicable). These documents are incorporated by reference into the ALCACOR Influencer Agreement (all in their current form and as amended by ALCACOR). In the event that the Business Entity Registration Form is not submitted by an entity that enrolls as an Influencer within sixty (60) days of its date of enrollment, ALCACOR is authorized to and shall withhold any and all compensation to which the Influencer is due from ALCACOR until a properly completed Business Entity Registration Form is submitted to it.
2.3. Changes to the Agreement
ALCACOR reserves the right to amend the Agreement, the Compensation Plan, and its prices in its sole and absolute discretion. By executing the Influencer Agreement, an Influencer agrees to abide by all amendments or modifications that ALCACOR elects to make. Amendments shall be effective fourteen (14) 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) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) posting in Influencers’ back-offices; (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of an Influencer’s ALCACOR business, the acceptance of any benefits under the Agreement, or an Influencer’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
2.4. Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. 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 ALCACOR to exercise any right or power under the Agreement or to insist upon strict compliance by an Influencer 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 ALCACOR’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an Influencer against ALCACOR shall not constitute a defense to ALCACOR’s enforcement of any term or provision of the Agreement.
2.6. Company Use of Information
By submitting an Influencer Application and Agreement that is accepted by ALCACOR, the Influencer consents to allow ALCACOR, its affiliates, and any related company to: (a) process and utilize the information submitted in the Influencer Application and Agreement (as amended from time to time) for business purposes related to the ALCACOR business; and (b) disclose, now or in the future, such Influencer information to companies which ALCACOR may, from time to time, deal with to deliver information to an Influencer to improve its marketing, operational, and promotional efforts. An Influencer has the right to access his or her personal information via his or her respective back office, and to submit updates thereto.
3. BECOMING AN INFLUENCER
3.1. Requirements to Become an Influencer
To become an ALCACOR Influencer, each applicant must:
ALCACOR reserves the right to accept or reject any Influencer Application and Agreement for any reason or for no reason.
A person who is recognized as a minor in his or her jurisdiction of residence may not be an Influencer. An Influencer shall not enroll or recruit minors or anyone unable to legally form a contract to become an Influencer. Notwithstanding the foregoing, a minor over the age of 16 who desires to become an Influencer must: (a) obtain a parent’s or guardian’s signature on the Influencer Agreement; (b) be sponsored by or added to his or her parent’s or guardian’s Influencer’s business if the Parent or guardian of the minor is an Influencer; and (c) must not be a signatory in any Influencer’s business other than a parent’s or guardian’s Influencer’s business.
3.2. Enrollment Costs and Product Purchase
With the exception of the registration of a Kindeck NFT, no person is required to purchase products, services or sales aids, or to pay any charge or fee to ALCACOR or Kindeck to become an Influencer.
3.3. Influencer Benefits
Once an Influencer Application and Agreement has been accepted by ALCACOR, the benefits of the Compensation Plan and the Influencer Agreement are available to the new Influencer. These benefits include the right to:
3.4. Term and Renewal of Your ALCACOR Business
The term of the Influencer Agreement is one year from the date of its acceptance by ALCACOR (subject to reclassification for inactivity pursuant to Section 11.2). Influencers must renew their Influencer Agreement each year by paying an annual renewal fee of Twenty (20) DAI on or before the anniversary date of their Influencer Agreement. If the renewal fee is not paid within thirty (30) days after the expiration of the current term of the Influencer Agreement, the Influencer Agreement will be automatically terminated. Influencers may elect to utilize the Automatic Renewal Program (“ARP”). Under the ARP, the renewal fee will be charged to the Influencer’s commissions accrued during the calendar month of his or her anniversary date. Influencers without accrued commissions must renew by their back office. ALCACOR shall have the right in its sole and absolute discretion not to accept the Agreement or any renewal of it.
4. OPERATING AN ALCACOR BUSINESS
4.1. Adherence to the ALCACOR Compensation Plan
Influencers must adhere to the terms of the ALCACOR Compensation Plan as set forth in official ALCACOR literature. Influencers shall not offer the ALCACOR opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official ALCACOR literature. Influencers shall not require or encourage other current or prospective Customers or Influencers to execute any agreement or contract other than official ALCACOR agreements and contracts in order to become an ALCACOR Influencer. Similarly, Influencers shall not require or encourage other current or prospective Customers or Influencers to make any purchase from, or payment to, any individual or other entity to participate in the ALCACOR Compensation Plan other than those purchases or payments identified as recommended or required in official ALCACOR documents or literature.
All Influencers shall safeguard and promote the good reputation of ALCACOR (as well as its parents, subsidiaries, joint venture partners and related third parties [collectively referred to herein as the “ALCACOR Parties”]), its products and services. The marketing and promotion of the ALCACOR Parties, the ALCACOR opportunity, the Compensation Plan, and ALCACOR Parties’ products and services must avoid all discourteous, deceptive, misleading, unethical or immoral, or illegal conduct or practices.
To promote both the products and services, and the tremendous opportunity the ALCACOR Parties offer, Influencers must use the sales aids, business tools, and support materials produced by ALCACOR. The Company has carefully designed its products, services, 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 applicable laws and regulations . Accordingly, Influencers must not produce or use the literature, advertisements, sales aids, business tools, promotional materials, or Internet web pages or content of or for themselves or other third parties.
4.2.2. Trademarks and Copyrights
The name of ALCACOR and other names as may be adopted by ALCACOR are proprietary trade names, trademarks and service marks of ALCACOR (collectively “marks”). As such, these marks are of great value to ALCACOR and are supplied to Influencers for their use only in an expressly authorized manner. ALCACOR will only allow the limited non-exclusive use of its marks, designs, or symbols, or any derivatives thereof, solely by an Influencer in the furtherance or operation of his or her ALCACOR business, consistent with these Policies and Procedures. ALCACOR will not allow the use of its marks, designs, or symbols, or any derivatives thereof, by any person, including ALCACOR Influencers, in any manner without its prior, written permission.
The content of all Company sponsored events is copyrighted material. Influencers may not produce for sale or distribution any recorded Company events and speeches without written permission from ALCACOR, nor may Influencers reproduce for sale or for personal use any recording of Company-produced audio or video presentations.
As an independent Influencer, you may use the ALCACOR name in the following manner
Independent ALCACOR Influencer
Independent ALCACOR Influencer
Influencers may not use the name ALCACOR in any form in your team name, a tagline, an external website name, your personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Independent ALCACOR Influencer in your phone greeting or on your voice mail to clearly separate your independent ALCACOR business from ALCACOR. For example, you may not secure the domain name www.buyAlcacor.com, nor may you create an email address such as Alcacorsales@hotmail.com.
22.214.171.124. Independent ALCACOR Influencer Logo
If you use an ALCACOR logo in any communication, you must use the Independent Influencer version of the ALCACOR logos set forth in the Brand Bible which you can find in the Download Folder of the ALCACOR website. Using any other ALCACOR logo requires written approval.
4.2.3. Media and Media Inquiries
Influencers must not attempt to respond to media inquiries regarding ALCACOR, its products or services, or their independent ALCACOR business. All inquiries by any type of media must be immediately referred to ALCACOR’s Public Relations Department (firstname.lastname@example.org). This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
4.2.4. Unsolicited Email
ALCACOR does not permit Influencers to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations. Some countries have laws that regulate the transmission not only of unsolicited messages, but of all commercial e-mail messages. A commercial e-mail message is defined as any e-mail that has a “primary purpose of . . . commercial advertisement or promotion of a commercial product or service.” This includes commercial e-mails sent to business e-mail accounts, as well as those sent to individual consumers.
126.96.36.199. Requirements for All Commercial Email Messages
The Mailing List
The E-mail Message
The Opt-out Mechanism
Monitoring Opt-out Capabilities – If you use a third-party service provider you must implement procedures to ensure that your opt-out capabilities actually work. An example of a basic procedure to test the opt-out procedure is as follows:
Third-party Marketing Affiliates or Service Providers – When using third-party service providers, including affiliate marketers you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the applicable laws and includes appropriate and adequate remedies for noncompliance.
188.8.131.52. Additional Requirements for Email Messages Sent to Wireless Devices
When sending commercial messages to wireless devices:
4.2.5. Telephone or Online Directory Listings
Influencers may list themselves as an “Independent ALCACOR Influencer” in a telephone directory or with online directories, under their own name. No Influencer may place telephone or online directory display ads using ALCACOR’s name or logo. Influencers may not answer the telephone by saying “ALCACOR”, “ALCACOR Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of ALCACOR. If an Influencer wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
Independent ALCACOR Influencer
4.2.6. Television and Radio Advertising
Influencers may not advertise on television and radio except with ALCACOR’s express written approval.
4.2.7. Advertised Prices
Influencers may not create their own marketing or advertising material offering any ALCACOR products or services at a price less than the current price displayed on www.alcacor.com. Similarly, Influencers may not sell any ALCACOR products at a price less than the current price on www.alcacor.com
4.3. Online Conduct
4.3.1. ALCACOR Replicated Websites
In the future, ALCACOR may offer Influencers an ALCACOR Replicated Website subscription to facilitate online buying experience for their Customers and enrollments for prospective Customers and Influencers. There might be a charge for Replicated Websites. Influencers 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.
Influencers 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-ALCACOR products, services or income opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
Because Replicated Websites reside on the Alcacor.com domain, ALCACOR reserves the right to receive analytics and information regarding the usage of your website.
By default, your ALCACOR Replicated Website URL is www.Alcacor.com/<distributorID#>. You must change this default ID and choose a uniquely identifiable website name that cannot:
4.3.2. Domain Names, email Addresses and Online Aliases
You are not allowed to use or register ALCACOR or any of ALCACOR’s trademarks, product names, or any derivatives, for any Internet domain name, email address, social media website, blog website, online handles or online aliases. Additionally, you cannot use or register domain names, email addresses, social media websites, blog websites, online handles 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 ALCACOR. Examples of the improper use of ALCACOR include, but are not limited to any form of ALCACOR showing up as the sender of an email or examples such as:
4.3.3. Online Classifieds
You may not use online classifieds to list, sell or retail specific ALCACOR products or product bundles. You may use online classifieds for prospecting, recruiting, sponsoring and informing the public about the ALCACOR income opportunity, provided ALCACOR-approved templates/images are used. These templates will identify you as an Independent ALCACOR Influencer. If a link or URL is provided, it must link to www.alcacor.com.
4.3.4. eBay / Online Auctions
ALCACOR’s products and services may not be listed on eBay or other online auctions, nor may Influencers enlist or knowingly allow a third party to sell ALCACOR products on eBay, other online auction site, or ecommerce sites, such as Amazon.com, MercadoLibre.com, AliBaba.com, TowBow.com, etc.. An Influencer who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells ALCACOR products on eBay or any other online auctions must immediately discontinue all sales to the third party.
4.3.5. Online Retailing
Influencers may not list or sell ALCACOR products on any online retail store or ecommerce site (such as Amazon), nor may you enlist or knowingly allow a third party to sell ALCACOR products on any online retail store or ecommerce site. An Influencer who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells ALCACOR products on any online retail store or ecommerce site must immediately discontinue all sales to the third party.
4.3.6. Banner Advertising
You may place banner advertisements on a website provided you use ALCACOR-approved templates and images. All banner advertisements must link to your Replicated Website. Influencers 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 ALCACOR products or the ALCACOR opportunity. Banner advertisements may not be placed on any website that contains any violent, hateful, pornographic, or illegal content or any other content which may damage ALCACOR’s reputation. Whether content is or may be damaging to ALCACOR’s reputation shall be in the sole discretion of Alcacor.
4.3.7. Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
4.3.8. Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)
Influencers may upload, submit or publish ALCACOR-related video, audio or photo content that they develop and create so long as it aligns with ALCACOR’s values, contributes to the ALCACOR community greater good, and is in compliance with ALCACOR’s Policies and Procedures. All submissions must clearly identify you as an Independent ALCACOR Influencer 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. Influencers may not upload, submit or publish any content (video, audio, presentations or any computer files) received from ALCACOR or captured at official ALCACOR events or in buildings owned, leased, or operated by ALCACOR without prior written permission from ALCACOR.
4.3.9. Sponsored Links / Pay-Per-Click (PPC) Ads
Except as prohibited elsewhere within the Policies and Procedures, sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to ALCACOR including the sponsoring Influencer’s Influencer ID. The sponsored links or PPC ads cannot be inappropriate or misleading in any way.
4.3.10. Domain Names and Email Addresses
Except as set forth in the Influencer Website Application and Agreement, Influencers may not use or attempt to register any of ALCACOR’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.
4.3.11. Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should you utilize any form of social media, including but not limited to Facebook, Instagram, Snapchat, TikTok, Twitter, LinkedIn, YouTube, or Pinterest, you agree to each of the following:
In addition to the requirements specified in elsewhere in these Policies and Procedures, if an Influencer utilizes any form of Social Media, he or she agrees to each of the following:
a. To generate sales and/or enroll an Influencer, a Social Media site must link only to the Influencer’s replicated website or the Influencer’s External Website.
b. Other than Pinterest and similar Social Media sites, any Social Media site that is directly or indirectly operated or controlled by an Influencer that is used to discuss or promote ALCACOR products or the ALCACOR opportunity may not link to any website, Social Media site, or site of any other nature, other than the www.alcacor.com website or the Influencer’s External Website.
c. If an Influencer creates a business profile page on any Social Media site that promotes or relates to ALCACOR, its products, or opportunity, the business profile page must relate exclusively to the Influencer’s ALCACOR business and ALCACOR products. If the Influencer’s ALCACOR business is terminated for any reason, or if the Influencer becomes inactive, the Influencer must deactivate the business profile page.
4.3.12. Prohibited Postings
An Influencer may not make any postings, or link to any postings or other material related to ALCACOR that are:
a. Sexually explicit, obscene, or pornographic;
b. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
c. Graphically violent, including any violent video game images;
d. Solicitous of any unlawful behavior;
e. Engaged in personal attacks on any individual, group, or entity; or
f. In violation of any intellectual property rights of the Company or any third party.
4.3.13. Responding to Negative Posts
An Influencer is prohibited from conversing with others who place a negative post against them, other Influencers or the Company. The Influencer must report negative posts to ALCACOR’s Compliance Department at Compliance@Alcacor.com.
4.4. Business Entities
A corporation, limited liability company, private limited company, partnership, trust or other form of business (collectively referred to in this section as a “Business Entity”) may apply to be an ALCACOR Influencer by submitting an Influencer Application and Agreement along with a properly completed Business Entity Registration. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to ALCACOR, compliance with the ALCACOR Policies and Procedures, the ALCACOR Influencer Agreement, and other obligations to ALCACOR.
4.4.1. Termination and Re-application
An Influencer may legitimately change organizations by voluntarily canceling his or her ALCACOR business and remaining inactive (i.e., no sales of ALCACOR products, no sponsoring, no attendance at any ALCACOR functions, participation in any other form of Influencer activity, or operation of any other ALCACOR business, no income from the ALCACOR business) for six (6) full calendar months. Following the six month period of inactivity, the former Influencer may reapply under a new sponsor, however, the former Influencer’s downline will remain in their original line of sponsorship. ALCACOR will consider waiving the six month waiting period under exceptional circumstances. Such requests for waiver must be submitted to ALCACOR in writing.
Any change in sponsorship in accordance with this Policy at any rank is limited to one time in the Influencer’s life.
4.4.2. Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an Influencer, ALCACOR 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, INFLUENCERS WAIVE ANY AND ALL CLAIMS AGAINST ALCACOR, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM ALCACOR’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
An Influencer is fully responsible for all of his or her verbal and written statements made regarding ALCACOR products, services, and the Compensation Plan that are not expressly contained in official ALCACOR 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. Influencers agree to indemnify ALCACOR and ALCACOR’s directors, officers, employees, and agents (collectively referred to herein as “Affiliates”), and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by ALCACOR as a result of the Influencer’s unauthorized representations or actions. This provision shall survive the termination of the Influencer Agreement.
4.5.2. Product Claims
No claims (which include personal testimonials) as to financial benefits or properties of any products or services offered by ALCACOR may be made except those contained in official ALCACOR literature. Such statements can be perceived as claims for securities or other types of investments, and they may lack adequate substantiation. Not only are such claims in violation of the Influencer Agreement, they also violate the laws and regulations of jurisdictions around the world.
4.5.3. Compensation Plan Claims
When presenting or discussing the ALCACOR Compensation Plan, you must make it clear to prospects that financial success with ALCACOR requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
The above are merely examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as an ALCACOR Influencer without commitment, effort, and sales skill.
4.5.4. Income Claims
ALCACOR’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 have developed the ALCACOR Income Disclosure Statement (“IDS”). The ALCACOR IDS is designed to convey truthful, timely, and comprehensive information regarding the income that ALCACOR Influencers earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Influencers. The failure to comply with this policy constitutes a significant and material breach of the ALCACOR Influencer Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 9.1 (Disciplinary Sanctions).
An Influencer, when presenting or discussing the ALCACOR opportunity or Compensation Plan to a prospective Influencer, may not make income projections, income claims, or disclose his or her ALCACOR income (including the showing of checks, copies of checks, bank statements, wallet transactions, or tax records) unless, at the time the presentation is made, the Influencer provides a current copy of the ALCACOR Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.
A copy of the IDS must be presented to a prospective Influencer (someone who is not a party to a current ALCACOR Influencer 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 ALCACOR income exceeded my salary after six months in the business,” or “Our ALCACOR business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
A hypothetical income claim exists when you attempt to explain the operation of the compensation plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally-enrolled Customers and Influencers; (2) number of downline Customers and Influencers; (3) average sales/purchase volume/sales volume per Customer and Influencer; and (4) total organizational volume. Applying these assumptions through the compensation plan yields income figures which constitute hypothetical income claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective Influencer or Influencers 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 Influencer with a copy of the IDS and you must display at least one (3 foot x 5 foot poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
4.6. Commercial Outlets
Influencers may not sell ALCACOR products from a commercial outlet, nor may Influencers display or sell ALCACOR 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 ALCACOR products.
4.7. Military Installations
The offer, promotion, or sale of the goods and services, or the offer and promotion of the ALCACOR opportunity on a military installation is not a right – it is a privilege. Even if an Influencer lives on a military installation, he or she does not have the right to offer our products or opportunity to anyone on that installation without the permission of the installation Commander. For the purposes of the naval personnel and naval Regulations, the definition of an “installation” also includes Navy vessels.
Any Influencer who wants tooffer, promote, or sell ALCACOR products, or offer and promote the ALCACOR opportunity (these activities will be collectively referred to as “commercial solicitation activities”) on a military installation must make an inquiry to the office of the installation Commander to determine whether the Commander has granted permission for ALCACOR Influencers to engage in such activities on the installation. If the Commander has not done so, the Influencer must contact ALCACOR’s offices to ask the Company to obtain the Commander’s permission. Influencers are prohibited from seeking such permission from any installation Commander. If obtained, the permission to engage in commercial solicitation activities on a military installation is granted only for one particular installation.
Any Influencer who intends to engage in commercial solicitation activities on a military installation must be aware of and become completely familiar with the applicable military Regulation or Instruction. There are many activities that are permissible in a civilian environment that are not permissible on a military installation. Some of these activities include, but are not limited to:
The foregoing items are not an all-inclusive list. There are many more prohibited activities that are addressed in applicable military regulations or instructions. The violation of military regulations or instructions by one Influencer could jeopardize the ability of all ALCACOR Influencers to engage in commercial solicitation activities on a particular military installation or even the entire branch of the military involved.
4.8. Trade Shows, Expositions and Other Sales Forums
Influencers may not display and/or sell ALCACOR products at trade shows and professional expositions. In addition, Influencers may not display and/or sell ALCACOR products at swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image ALCACOR wishes to portray.
4.9. Conflicts of Interest
4.9.1. Crossline Recruiting and Communication
Influencers are prohibited from crossline recruiting. The use of a spouse or relative’s name, trade names, DBAs, assumed names, entities, federal identification numbers, or fictitious identification numbers, or any other device or contrivance to circumvent this policy is prohibited. An Influencer shall not demean, discredit, or defame other ALCACOR Influencers in an attempt to entice another customer, Influencer or prospective Influencer to become part of his or her organization.
For the purposes of this Section 4.9.1, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, of another ALCACOR Influencer or Customer to enroll, join, or otherwise participate in another ALCACOR marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.
Influencers are strictly prohibited from meeting privately with crossline Influencers without the presence of one or more common upline Influencer(s), in person, telephonically, online or via any other method of communication. For the purposes of these Policies and Procedures:
The “Inviting Influencer” is strictly prohibited from inviting or allowing into any social media group any Crossline Influencers.
4.9.2. Confidential Information
“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of ALCACOR customers and Influencers, contact information of ALCACOR customers and Influencers, Influencers’ personal and group sales volumes, Influencer rank and/or achievement levels, and other financial and business information. All Confidential Information (whether oral or in written or electronic form) is proprietary information of ALCACOR and constitutes a business trade secret belonging to ALCACOR. Confidential Information is, or may be available, to Influencers in their respective back-offices. Influencer access to such Confidential Information is password protected, and isconfidential and constitutes proprietary information and business trade secrets belonging to ALCACOR. Such Confidential Information is provided to Influencers in strictest confidence and is made available to Influencers for the sole purpose of assisting Influencers in working with their respective downline organizations in the development of their ALCACOR business. Influencers may not use the reports for any purpose other than for developing, managing, or operating their ALCACOR business. Where an Influencer participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. Influencers should use the Confidential Information to assist, motivate, and train their downline Influencers. The Influencer and ALCACOR agree that, but for this agreement of confidentiality and nondisclosure, ALCACOR would not provide Confidential Information to the Influencer.
To protect the Confidential Information, Influencers 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 an Influencer’s Agreement has been terminated, or whether the Influencer is or is not otherwise affiliated with the ALCACOR. Upon nonrenewal or termination of the Agreement, Influencers must immediately discontinue all use of the Confidential Information and if requested by the ALCACOR promptly return all materials in their possession to the ALCACOR within five (5) business days of request at their own expense.
4.10. Errors or Questions
If an Influencer has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the Influencer must notify ALCACOR in writing within thirty (30) days of the date of the purported error or incident in question. ALCACOR will not be responsible for any errors, omissions or problems not reported to the Company within thirty (30) days.
4.11. Governmental Approval or Endorsement
Neither governmental regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Influencers shall not represent or imply that ALCACOR or its Compensation Plan have been “approved,” “endorsed” or otherwise sanctioned by any government agency.
4.12. Income Taxes
Each Influencer is responsible for paying local, state, provincial and federal taxes (as may be applicable) on any income generated as an Independent Influencer. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If an Influencer’s ALCACOR business is tax exempt, its tax identification number(s) must be provided to ALCACOR. Every year, ALCACOR will provide required tax forms and earnings statement to each Influencer who had earnings equal to or in excess of any amounts set for in applicable tax laws or regulations.
4.13. Independent Contractor Status
Influencers are independent contractors. The agreement between ALCACOR and its Influencers does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Influencer. Influencers shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Influencers are responsible for paying local, state, and federal taxes due from all compensation earned as an Influencer of the Company. The Influencer has no authority (expressed or implied), to bind the Company to any obligation. Each Influencer shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Influencer Agreement, these Policies and Procedures, and applicable laws.
You may wish to arrange insurance coverage for your business. Your homeowner’s or renter’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 homeowner’s or renter’s policy.
4.15. International Marketing
Influencers are authorized to promote and/or sell ALCACOR products and services, and enroll Customers or Influencers only in the countries in which ALCACOR is authorized to conduct business, as announced in official Company literature (an “Official Country”). ALCACOR products or sales aids may not be given, transferred, distributed, shipped into or sold in any Unauthorized Country (see definition below). Influencers not may sell, give, transfer, or distribute ALCACOR products or sales aids from one Official Country into another Official Country.
Influencers have no authority to take any steps in any country toward the introduction or furtherance of the Company. This includes, but is not limited to, any attempt to register, reserve or otherwise secure any Company names, trademarks, trade names, copyright, patent, other intellectual property, to secure approval for products or business practices, or to establish business or governmental contacts. You agree to indemnify the Company for all costs incurred by it for any remedial action needed to exonerate the Company in the event you improperly act purportedly on behalf of the Company.
Only after the Company has announced that a country is officially open for business (an “Official Country”) may Influencers conduct business in that Official Country by promoting the Company (or related entity) and/or promoting, marketing or selling Products, and enrolling other Influencers or Customers. Influencers are required to follow all laws, rules and regulations of the Official Country. Influencer may use only promotional materials approved by the Company for use in an Official Country and sell only products approved for sale in that country.
In addition, no Influencer may, in any Unauthorized Country:
An Influencer is solely responsible for compliance with all laws, tax requirements, immigration customs laws, rules and regulations of any country in which he or she conducts business. Influencers accept the sole responsibility to conduct their independent businesses lawfully within each country in which he or she conducts business.
An Influencer’s right to receive commissions in a country may be revoked at any time if the Company determines that he or she has not conducted business in particular country in accordance with the terms and conditions contained herein or the governing operations within such country.
The Company reserves the right to establish additional policies and procedures that are applicable to a specific country. An Influencer who conducts business internationally agrees to abide by all special policies established by the Company for the specific country or countries in which he or she conducts business.
4.16. Excess Inventory and Bonus Buying
Influencers must never purchase more products or services than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other Influencer to buy more products or services than they can reasonably use or sell to Customers. In addition, bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by end user consumers. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.
4.17. Adherence to Laws, Regulations and the Agreement
Influencers must comply with all federal, state, provincial and local laws, regulations, ordinances, codes, and the terms of the Agreement 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 Influencers because of the nature of their business. However, Influencers must obey those laws that do apply to them. If a city or county official tells an Influencer that an ordinance applies to him or her, the Influencer shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of ALCACOR. In addition, Influencers must not recommend, encourage or teach other Influencers to violate federal, state, provincial or local laws, regulations, ordinances, codes, or the terms of the Agreement in the operation of their ALCACOR business.
4.18. Sale, Transfer or Assignment of ALCACOR Business
An ALCACOR business is a privately owned and independently operated business. The sale, transfer or assignment of an ALCACOR business is tied to the NFT that established the ALCACOR business. Consequently, a transfer of an ALCACOR business is made via the transfer of the NFT to which the ALCACOR business is attached.
4.19. Sales Taxes
ALCACOR may be required to charge sales taxes and/or Value Added Tax (“VAT”) on certain purchases in certain jurisdictions made by Influencers and Customers, and remit the taxes charged to the respective tax authorities. Accordingly, ALCACOR will collect and remit taxes on behalf of Influencers according to applicable tax laws and tax rates. If an Influencer has submitted, and ALCACOR has accepted, a current exemption to sales tax and/or VAT, such taxes will not be added to the invoice and the responsibility of collecting and remitting taxes to the appropriate authorities shall be on the Influencer (unless the tax authority in question does not accept an exemption from a direct selling independent contractor). Exemption from the payment of taxes is applicable only to orders which are purchased in a jurisdiction for which the proper tax exemption papers have been filed and accepted. Any sales tax exemption accepted by ALCACOR is not retroactive.
4.20. Separation of an ALCACOR Business
ALCACOR Influencers sometimes operate their ALCACOR 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, limited liability company, 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 ALCACOR split commission and bonus checks between divorcing spouses or members of dissolving entities. ALCACOR will recognize only one downline organization and will issue only one commission check per ALCACOR 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 ALCACOR business pursuant to a divorce, he or she is thereafter free 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 affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an Influencer. In either case, the former spouse or business affiliate shall have no rights to any Influencers in their former organization or to any former Customer. They must develop the new business in the same manner as would any other new Influencer.
4.21. Telemarketing Techniques
Many countries have laws that restrict telemarketing practices. Some countries have “do not call” regulations as part of their telemarketing laws. Although ALCACOR does not consider Influencers 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 a “do not call” list or registry could cause you to violate the law. Moreover, these laws and regulations must not be taken lightly, as they carry significant penalties.
Therefore, Influencers must not engage in telemarketing in the operation of their ALCACOR businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of an ALCACOR product or service, or to recruit them for the ALCACOR opportunity. “Cold calls” made to prospective customers or Influencers that promote either ALCACOR’s products or services or the ALCACOR opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Influencer (a “prospect”) is permissible under the following situations:
4.22. Back Office Access
ALCACOR makes online back offices available to its Influencers. Back offices provide Influencers access to confidential and proprietary information that may be used solely and exclusively to promote the development of an Influencer’s ALCACOR business and to increase sales of ALCACOR products. However, access to a back office is a privilege, and not a right. ALCACOR reserves the right to deny Influencers’ access to the back office at its sole discretion.
In the excitement and enthusiasm of working his or her ALCACOR business, an Influencer may attempt to contact the Company’s vendors, suppliers, or advisors with questions or ideas. Any such communication without the Company’s prior written consent is strictly prohibited. Vendors, suppliers, and advisors are often not set up to handle a large volume of contacts. Equally important, we must respect their rights to privacy. Questions regarding any of these Entities may be directed to Field Support.
5. RESPONSIBILITIES OF INFLUENCERS
5.1. Change of Address, Telephone, and E-Mail Addresses
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the ALCACOR’s files are current. Influencers planning to change their e-mail address or move must provide their new address and telephone numbers to ALCACOR through their Influencer Back Office.
5.2. Continuing Development Obligations
5.2.1. Ongoing Training
Any Influencer who sponsors another Influencer into ALCACOR must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her ALCACOR business. Influencers must have ongoing contact and communication with the Influencers 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 Influencers to ALCACOR meetings, training sessions, and other functions. Upline Influencers are also responsible to motivate and train new Influencers in ALCACOR product knowledge, effective sales techniques, the ALCACOR Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline Influencers must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of Influencer-produced sales aids and promotional materials).
Influencers should monitor the Influencers in their Downline Organizations to guard against downline Influencers making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
5.2.2. Increased Training Responsibilities
As Influencers progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the ALCACOR program. They will be called upon to share this knowledge with lesser experienced Influencers within their organization.
5.2.3. Ongoing Sales Responsibilities
Regardless of their level of achievement, Influencers have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
5.2.4. Reporting Policy Violations
Influencers who are aware of a violation of these Policies and Procedures by another Influencer must submit a written report of the violation directly to the attention of ALCACOR’s Compliance Department by email at email@example.com Details of the incident in question such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report. Any incident reported to the Compliance Department must have supporting documentation such as images, screenshots, text messages, emails, etc.. Any incident reported without proper supporting documentation will not be reviewed.
ALCACOR wants to provide its independent Influencers with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Public Relations Department. Remember, to best serve you, we must hear from you! While ALCACOR welcomes constructive input, negative comments and remarks made in the field by Influencers about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other ALCACOR Influencers.
For this reason, and to set the proper example for their downline, during the term of this Agreement and at any time thereafter, Influencer agrees not make any false, derogatory, demeaning or disparaging statements (collectively “disparage”) or encourage or induce others to disparage ALCACOR, other ALCACOR Influencers, the Compensation Plan or any of ALCACOR’s past and present owners, officers, directors, employees or products (the “Company Parties”) including, but not limited to: (i) making any statements, or take any other actions whatsoever, to disparage, defame, demean, sully or compromise the goodwill, name, brand or reputation of the Company, its products, Marketing and Compensation Plan, Customers, Influencers or any of its ALCACOR Affiliates (defined as ALCACOR and ALCACOR directors, officers, employees, and agents) (collectively, the “Company Goodwill”) or (ii) committing any other action that could likely injure, hinder or interfere with the Business, business relationships or Company Goodwill of the Company, its Influencers or its Customers.
For purposes of this Section 5.3, the term “disparage” includes, without limitation, comments or statements to the press, any media outlet, industry group, financial institution, the ALCACOR’s Influencers, employees or to any individual or entity with whom ALCACOR has a business relationship (including, without limitation, any vendor, supplier, Customer, Influencer or independent contractor), social media posts, or any public statement, that in each case is intended to, or can be reasonably expected to, materially damage any of the Company Parties. Notwithstanding the foregoing, nothing in this Section 5.3 shall prevent an Influencer from making any truthful statement to the extent, but only to the extent: (1) necessary with respect to any litigation, arbitration or mediation involving this Agreement, including, but not limited to, the enforcement of this Agreement, in the forum in which such litigation, arbitration or mediation properly takes place; or (2) required by law, legal process or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with apparent jurisdiction over the Influencer.
5.4. Providing Documentation to Applicants
Influencers must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Influencers before the applicant signs an Influencer Agreement, or ensure that they have online access to these materials.
6. SALES REQUIREMENTS
6.1. Product Sales
The ALCACOR Compensation Plan is based on the sale of ALCACOR products and services to end consumers. Influencers must fulfill personal and organizational retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement.
6.2. No Territory Restrictions
There are no exclusive territories granted to anyone.
7. BONUSES AND COMMISSIONS
7.1. Tax Witholdings
If required by applicable law and if an Influencer fails to provide his or her correct tax identification number, ALCACOR will deduct the necessary withholdings from the Influencer’s commission checks as required by law.
All information provided by ALCACOR 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; the failure of cryptocurrency payments; the information is not guaranteed by ALCACOR 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 NONINFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALCACOR AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY INFLUENCER 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 ALCACOR 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, ALCACOR 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 ALCACOR’s online and telephone reporting services 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 ALCACOR’s online and telephone reporting services and your reliance upon the information.
8. DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
8.1. Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Influencer 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 Influencer’s ALCACOR business), may result, at ALCACOR’s discretion, in one or more of the following corrective measures:
8.2. Grievances and Complaints
When an Influencer has a grievance or complaint with another Influencer regarding any practice or conduct in relationship to their respective ALCACOR businesses, the complaining Influencer 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 Influencer Services Department at the Company. The Influencer Services Department will review the facts and attempt to resolve it.
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 attorneys’ fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be conducted online, 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 Dubai International Arbitration Centre (“DIAC”) under its respective rules and procedures.TheDIAC Arbitration Rules are available on the DIAC’s website at www.diac.ae. Copies of DIAC’s Arbitration Rules will also be emailed to Influencers upon request to ALCACOR’s Support Department.
Notwithstanding the Arbitration Rules of the DIAC, the following shall apply to all Arbitration actions:
All arbitration proceedings shall be held in Dubai, United Arab Emirates. 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 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.
8.5. Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in the United Arab Emirates. The law of the United Arab Emirates shall govern all other matters relating to or arising from the Agreement.
9.1. Effect of Termination
So long as an Influencer remains active and complies with the terms of the Influencer Agreement and these Policies and Procedures, ALCACOR shall pay commissions to such Influencer in accordance with the Compensation Plan. An Influencer’s bonuses and commissions constitute the entire consideration for the Influencer’s efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an Influencer’s non-renewal of his or her Influencer Agreement, termination for inactivity, or voluntary or involuntary termination of his or her Influencer Agreement (all of these methods are collectively referred to as “termination”), the former Influencer 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. An Influencer whose business is cancelled will lose all rights as an Influencer. This includes the right to sell ALCACOR products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Influencer’s former downline sales organization. In the event of termination, with the exception of the rights to their former downline organization as set forth in these Policies and Procedures, Influencers agree to waive all rights they may have, including but not limited to property rights and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.
Following an Influencer’s termination of his or her Influencer Agreement, the former Influencer shall not hold himself or herself out as an ALCACOR Influencer and shall not have the right to sell ALCACOR products or services. An Influencer whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination).
9.2. Involuntary Termination
An Influencer’s violation of any of the terms of the Agreement, including any amendments that may be made by ALCACOR in its sole discretion, may result in any of the sanctions listed in Section 8.1, including the involuntary termination of his or her Influencer Agreement. Termination shall be effective on the date on which written notice is emailed or delivered to an Influencer’s Back office.
ALCACOR reserves the right to terminate all Influencer 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.
9.3. Voluntary Termination
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Termination must be submitted in writing to the Support Department at firstname.lastname@example.org. The notice must include the Influencer’s signature, printed name, address, and Influencer I.D. Number. If an Influencer has subscribed to any of ALCACOR’s products or services, his or her subscription shall continue unless the Influencer also specifically requests that his or her subscription(s) also be canceled.
An Influencer may also voluntarily cancel his or her Influencer Agreement by failing to renew the Agreement on its anniversary date or by failing to pay his/her annual renewal fee. The Company may also elect not to renew an Influencer’s Agreement upon its anniversary date.
Active Customer — A Customer who purchases ALCACOR products or services, or products or services of a third party to whom the Customer is referred by ALCACOR, during a particular month, and whose account has been paid for the ensuing year.
Active Influencer — An Influencer who satisfies the minimum Personal Sales Volume requirements, as set forth in the ALCACOR Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.
Active Rank — The term “active rank” refers to the current rank of an Influencer, as determined by the ALCACOR Compensation Plan, for a particular pay period. To be considered “active” relative to a particular rank, an Influencer must meet the criteria set forth in the ALCACOR Compensation Plan for his or her respective rank. (See the definition of “Rank” below.)
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 Influencer includes the Influencer Application and Agreement Terms and Conditions, the ALCACOR Policies and Procedures, the ALCACOR Compensation Plan, and the Business Entity Registration Form (where appropriate), all in their current form and as amended by ALCACOR in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel — The termination of an Influencer’s business. Termination may be either voluntary or involuntary.
Customer — An individual who purchases ALCACOR products, services and/or products of a third party to whom the Customer is referred by ALCACOR but who is not an Influencer.
Downline — Your downline (or downline organization) consists of the Influencers you personally enroll or sponsor (your first level Influencers), the Influencers that first level Influencers enroll or sponsor, as well as the Influencers that are subsequently enrolled or sponsored beneath them.
Downline Leg — Each one of the individuals personally enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
Group Volume — The commissionable value of services and products purchased by the Customers and Influencers in the downline of a particular Influencer.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.
Level — The layers of downline Customers and Influencers in a particular Influencer’s downline. This term refers to the relationship of an Influencer relative to a particular upline Influencer, determined by the number of Influencers between them who are related by sponsorship. For example, if A enrolls B, who enrolls C, who enrolls D, who enrolls E, then E is on A’s fourth level.
Official ALCACOR Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by ALCACOR to Influencers.
Personal Volume — The commissionable value of services and products purchased by: (1) an Influencer; (2) the Influencer’s personally-enrolled referred and Customers; and (3) the Influencer’s personal Customers who purchase from the Influencer’s ALCACOR replicated website.
Rank — The “title” that an Influencer holds pursuant to the ALCACOR Compensation Plan. “Title Rank” refers to the highest rank an Influencer has achieved in the ALCACOR compensation plan at any time. “Paid As” rank refers to the rank at which an Influencer is qualified to earn commissions and bonuses during the current pay period.
Retail Sales – Sales to a Customer.
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 (noun) — An Influencer who enrolls a Customer or another Influencer into the Company, and is listed as the Sponsor on the Influencer Application and Agreement. The act of enrolling others and training them to become Influencers is called “sponsoring.”
Sponsor (verb) — The act of introducing a prospective Influencer to ALCACOR and assisting him or her to execute an Influencer Application and Agreement and thereby become an ALCACOR Influencer. These activities are called “sponsoring.”
Upline — This term refers to the Influencer or Influencers above a particular Influencer in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Influencer to the Company.