Because we give you access to our products immediately after you
have paid for your membership, we do not offer refunds of any
types. All transactions are final. Should you choose to disagree
with our refund policy, we urge you NOT to submit
the enrollment form.
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We Are
Just Like You ... We Hate Unsolicited E-mails!!!
We hate to spend part
of our day deleting Unsolicited E-mails. If you have been
Spammed by one of our members, send us a copy of the message
and we will deal with the Spammer in accordance with our No-Spam
& No-Faxing Policies.
Violation of
our company's No-Spam and No-Faxing policies
is a violation of your Independent Representative Agreement and will
result in termination.
No-Spam Policy
our company has a strict no-spam policy
and will pursue whatever legal steps are required to enforce it.
Independent Representative
shall not engage in spamming in order to promote their business.
"Spam," or "Spamming,"
includes Unsolicited Commercial E-mail or Unsolicited Bulk
E-mail
sent to
people not known personally.
Unsolicited
Commercial E-mail is defined as the
sending of any email message to anyone not personally known by you
unless
the recipients have expressly asked to receive from you. This
definition is independent of how and by whom the Email is actually sent.
Unsolicited
Bulk E-mail
is defined as the broadcasting of
large quantities
(20 or more recipients)
of
unsolicited Email or postings to news groups through any large quantity
delivery system. This definition is independent of how and by whom the
Email is actually sent.
Our No-Spam policy is for the
protection of all of our Representatives and the
company. There are many ways to promote
web pages without spamming. Spamming will only ultimately result in
all of our web sites being taken down by our Internet Service Provider.
After a complaint and an investigation,
if you are found to have spammed, then we will terminate your
Independent Representative position and you will forfeit
any earned commissions and no refund will be issued.
Our company has the responsibility to
determine what violates this policy. If you have any doubts concerning
acceptable practices, then it is ESSENTIAL that you
contact
our company before you act.
The last thing we would ever want to do is to terminate one of our own
Representatives.
On the other hand, the Internet is a very important part our business
and we absolutely must protect it for the sake of our Representatives &
Customers.
The
Attorney General for each state are concerned about the well being of
their citizens. Good corporate citizenship within each state is
essential for any network marketing company. Spam and Faxing are
upsetting more and more people within each state and they are
complaining to their own Attorney General.
Our
No-Spam and No-Faxing policies are about being a good corporate citizen
in all states. This eliminates the need for discussions about what is,
or is not legal, because it is based on treating our prospective
customers and representatives the same way we would want to be treated.
Unsolicited Ads By Fax
Our company
has a strict no-faxing policy
and will pursue whatever legal steps are required to enforce it.
Representatives
shall not send unsolicited advertisements about our company
by fax in violation of
the Federal Telephone Consumer Protection Act, 47 U.S.C.
227(b)(1)(C) or any similar national, federal, state or provincial law
or regulation.
Please beware of all laws...local, state
and federal on sending unsolicited faxes, conducting fax broadcasting,
or hiring 3rd party broadcasting companies. Following is what the law
has to say about unsolicited fax advertising...
Under US Code Title 47, ?227(b)(1)(C):
"It shall be unlawful for any person
within the United States to use any telephone facsimile machine,
computer, or other device to send an unsolicited advertisement to a
telephone facsimile machine"
A "telephone facsimile machine" is defined
in ?227(a)(2)(B) as: "equipment which has the capacity to transcribe
text or images (or both) from an electronic signal received over a
regular telephone line onto paper."
Under this definition, an e-mail account,
modem, computer and printer together constitute a fax machine.
Don't make the mistake of thinking that a
disclaimer or a tag like "please call such and such a number to be
removed from our fax list" will protect you. And don't think that if you
send your faxes through a fax broadcasting company you're protected
either. In both cases, you can still be liable for fax "spamming".
Getting caught could cost you fines of $500 or more per incident.
Violation of the No-Spam and No-Faxing policies
is a violation of your Independent Representative Agreement and will
result in termination.
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This Independent Representative Agreement
("Agreement") is made and entered into by and
between The 5K Club (hereinafter
referred to as "we" or "company") and you as an independent
representative.
As part of becoming an Independent
Representative of our company, you agree that you willingly
accept all the terms and conditions of this
Agreement. We may revise this Agreement from time
to time without prior notice. You should visit this
page periodically to review this Agreement, because
the Agreement is binding on you.
As an Independent Representative of
our company, you make the following representations and
agree to the following Policies and Procedures:
-
You understand and agree
that our company is not an investment program and cannot
guarantee earnings or how long it will take you
to earn commissions.
-
You understand that If you
join our company based on promises or income projections made by
any member or group and those promises and
projections are not supported by the
Corporate Website, our company shall not be held
responsible for these claims. You
understand that any complaints regarding
promises or income projections should be
addressed to the person or group who made them.
-
You understand that
spamming or sending unsolicited faxes can cost
you your membership. You will not use or transmit unsolicited emails or
faxes, mass e-mail distribution or "spamming" in
order to promote our company, its products, compensation
plan or any other aspect of our company. These restrictions
do not include an email or fax: (a) to any person
with that person's prior express invitation or
permission; or (b) to any person with whom you have
an established personal or business relationship.
YOU WILL NOT VIOLATE ANY STATE OR FEDERAL "DO NOT
CALL" LAWS OR USE AUTOMATED CALLING.
-
You are of legal age in the state
or country of your residency. You agree that you
are an independent contractor, responsible for
determining your own business activities without
control of or direction by our
company, and not an
agent, employee or legal representative of
our company.
You will not represent in any manner that you
are an agent, employee or legal representative
of our company. You are responsible for the payment of
all federal and state self-employment taxes and
any other tax required under any federal, state,
or regulatory taxing agency, and the obtaining
of applicable business licenses.
-
In
order to maintain a viable marketing program and to
comply with changes in federal, state, or local laws
in economic conditions, our company
may provide additional or modified policies and
procedures for Independent Representatives from
time to time, as well as modifications to its
Independent Representative Compensation Plan
("Compensation Plan") and Representative Guide
to Internet Marketing. Such policies and
procedures and Compensation Plan modifications,
and all changes thereto, shall become a binding
part of this Agreement upon publication on this website.
-
You understand
that no attorney general or other regulatory
authority has reviewed, endorsed, or approved
any product, compensation program and you will make no such claim to
others.
-
We expressly reserves the right to terminate this
Agreement upon thirty (30) days written notice, and
in the event that it elects to:
a) cease business operations; or
b) dissolve as a corporate entity.
Further,
our company has the right to terminate this Agreement at its
sole election, for any reason, upon thirty (30) days
written notice to you. You understand that you have
the right to cancel at any time, regardless of
reason.
-
You understand that your marketing and promotion of
our company,
its products and services
and the marketing and Compensation Plan shall be
consistent with the public interest, avoiding all
discourteous, deceptive, misleading, unethical,
illegal or immoral conduct or practices.
-
You will not promote your Independent Representative
business nor use the
our company
name, or the trade names,
logos, sales materials, trademarks or service marks
of
our company, except in materials provided by
our company, or in a
manner that properly communicates the trademark
status of the company's trade name. You understand that
unauthorized use or duplication of trademarks or
copyrighted materials is a violation of federal and
state law.
-
You are solely responsible for supervising and
supporting any and all Independent Representatives
you sponsor into the program and in your
commissionable down line. You agree to maintain
monthly communication and support to those
Independent Representatives in your commissionable
down line by way of any of the following, or
combination thereof: personal contact, telephone
communication, written communication including
frontline messaging, e-mail and attendance at
Independent Representative meetings.
-
Commissions payments:
A) You understand that
our company
pays commission to
all of its Independent Representatives by Internet
via AlertPay.
B) You understand
that you will be charged a payment processing fee
for each compensation payment made to you hereunder.
You understand that this payment processing fee will
be $2.00 and that our company reserves the right to change
these processing fees in its sole discretion.
-
C) You understand that we do not send out 1099Misc
(tax form) and that you are responsible for paying
your taxes.
-
You understand that display of commission
information and the making of income projections to
prospective Independent Representatives are
prohibited.
-
You understand that if this Agreement is cancelled
or terminated for any reason, you cannot re-enter
into an Independent Representative Agreement with
our company for a minimum period of three (3) months from
the termination or cancellation date without the
prior written consent of
our company.
-
You understand that you shall not be treated as an
employee of
our company
for federal or state tax purposes. Our
company is not responsible for federal or state tax
withholding, and shall not withhold or deduct from
your commissions and/or bonuses, if any, FICA, or
taxes of any kind, unless such withholding becomes
legally required.
-
You agree, and hereby subscribe, to receive
marketing communications and related correspondence
from
our company
via email at the
email address you provided.
-
You give permission
to
our company to use your name in
newsletters, announcements and other representative
or marketing communications. You agree to share your
e-mail address and name with your entire upline.
-
You agree to protect, defend, indemnify and hold
our company, its agents, shareholders, employees, officers,
directors, subsidiaries and affiliates, successors
and assigns (individually, an "Indemnified Party",
collectively, the "Indemnified Parties"), harmless
from and against any and all third party claims,
lawsuits, demands, actions, liabilities, losses,
damages and expenses (including but not limited to
the amount of any court costs and legal fees)
(collectively, "Claims") arising out of or resulting
from (I) your breach of this Agreement, (II) the use
by you of the The 5K Club's products and/or materials in a
manner not specifically permitted by this Agreement,
(III) Claims involving improper labeling or
advertising of the
our company's
products and services by
you, or (IV) Claims that trademarks and/or materials
that you use in association with your position as an
Independent Representative, with the exception of
any trademarks and materials supplied to you by
our company,
infringe the rights of third parties.
Our company
shall
notify you promptly in writing of a Claim for which
it may seek indemnification from you under this
article. The Indemnified Party shall have the right
to participate in the defense of the Claim through
counsel of its selection at its own expense.
Our company
shall have the right at all times, in its sole
discretion, to control the defense of the Claim, and
no Claim shall be settled without
our company's prior
consent.
-
Liability: We will not be liable for indirect or
accidental damages (loss of revenue, commissions)
due to affiliate tracking failures, loss of database
files, and any results of "intents of harm" to the
program or our website. We do not make any expressed
or implied warranties with respect to the affiliate
program and/or products sold at this site. We make
no claim that the operation of the affiliate program
and our website will be error-free and we will not
be liable for any interruptions or errors.
-
Account Termination: Any members behaving or acting
in a way that we feel is risking the continuation of
program for all other members, will be warned and
depending on the severity of the violation(s) may
have their account terminated and any commissions
outstanding will be forfeited.
-
If
any provision of this Agreement should be determined
by a court of competent jurisdiction to be void or
in any measure unenforceable, the parties intend
that such determination shall amend or modify this
Agreement by eliminating or modifying only those
provisions affected by the determination.
-
You understand that this Agreement is governed by
the laws of Georgia. The parties agree that any
claim, dispute or other difference between them
shall be exclusively resolved by binding arbitration
pursuant to the Commercial Arbitration Rules of the
American Arbitration Association with arbitration to
occur at Lyons, GA. Louisiana Independent
Representatives arbitrate at New Orleans, Louisiana.
As an Independent Representative of
our company, you have a right to cancel this Agreement at
any time, regardless of reason. If you wish to
cancel this Agreement, you must contact our
corporate office.
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The 5K Club Management takes your privacy seriously. This privacy
policy describes what personal information we collect and how we use
it.
Routine Information Collection
All web servers track basic information about their visitors.
This information includes, but is not limited to, IP addresses,
browser details, timestamps and referring pages. None of this
information can personally identify specific visitors to this site.
The information is tracked for routine administration and
maintenance purposes.
Cookies and Web Beacons
Where necessary, uses cookies to store information about a
visitor?s preferences and history in order to better serve the
visitor and/or present the visitor with customized content.
Advertising partners and other third parties may also use
cookies, scripts and/or web beacons to track visitors to our site in
order to display advertisements and other useful information. Such
tracking is done directly by the third parties through their own
servers and is subject to their own privacy policies.
Controlling Your Privacy
Note that
you can change your browser settings
to disable cookies if you have
privacy concerns. Disabling cookies
for all sites is not recommended as
it may interfere with your use of
some sites. The best option is to
disable or enable cookies on a
per-site basis. Consult your browser
documentation for instructions on
how to block cookies and other
tracking mechanisms.
Concerns or questions about this privacy policy can be sent using
the contact information found on the "contact us" page of this
website.
