You can start your own business today by becoming a
KlikFire Independent Business Owner!
As a KlikFire Independent Business Owner (IBO) you save money
and you earn by helping others save!
KlikFire’s compensation plan provides ways to earn significant immediate,
living and retirement income. The compensation plan works for
people who want to build their own business without building
a team of people and professional builders.
“...a recession proof home based business...” “KlikFire is a recession proof home based business because its core foundation is built on saving people money! Who do you know that isn’t trying to save money in these tough economic times? If you could start a home based business and all you have to do is help people save money doing things they are already doing would you do it?”Aaron Levine, COO Pinnacle Communications Int’l Inc.
| Member’s Earn | IBO’s Earn | |
|---|---|---|
| Personal Shopping | Up to 30% | Double the LCB |
| Level 1 Members | 50% | 100% LCB |
| Level 2 Members | ZERO | 50% LCB |
| Level 3 to Infinity | ZERO | 50% LCB |
When you join KlikFire and become an IBO you license a GreenBackStreet Gateway. As a Gateway Licensee (GL) you earn more on your purchases and you earn on all purchases in your Gateway.
| You (QGL or Higher) | You Earn |
|---|---|
| Level 1 GLs | 12% LCB on all purchases in L1 Gateways |
| Level 2 GLs | 6% LCBÂ on all purchases in L2 Gateways |
| Level 3 GLs | 6% LCB on all purchases in L3 Gateways |
| Level 4 GLs | 6% LCB on all purchases in L4 Gateways |
Plus you can earn Gateway Overrides as a Qualified Gateway Licensee (QGL).
| You (ND) | You Earn |
|---|---|
| Level 1 NDs | 2% LCB on all organizational and gateway purchases |
| Level 2 NDs | 2% LCB on all organizational and gateway purchases |
| Level 3 NDs | 2% LCB on all organizational and gateway purchases |
When you achieve the National Developer rank (ND) you earn ND Overrides.
The commissions shown in this section represent bonuses paid when the generating IBO joined using the standard $350 application. Promotional bonuses apply to those that join under a promotional application.
| You (QGL or Higher) | You Earn |
|---|---|
| When your Level 1 IBOs Qualify | $100 |
As a QGL you can earn Quick Start Bonuses when you introduce IBOs to KlikFire and help them qualify.
| Your Organization | You Developer (D) | You Area Developer (AD) | You Regional Developer (RD) | You National Developer (ND) | |
|---|---|---|---|---|---|
| Any Level | GL to QGL | $25 | $25 | $25 | $25 |
| Any Level | GL to QGL | No D | $50 | $25 | $25 |
| Any Level | GL to QGL | No D | No AD | $75 | $25 |
| Any Level | GL to QGL | No D | No AD | No RD | $100 |
*As your rank increase you can earn Matching Bonuses.
| Your Organization | You Developer Earns | You Area Developer Earns | You Regional Developer Earns | You National Developer Earns |
|---|---|---|---|---|
| L1 GL to QGL | $125 | $150 | $175 | $200 |
Matching Bonuses and Quick Start Bonuses combine on your first level!
| GL to QGL | Bronze ND |
Silver ND |
Gold ND |
Platinum ND |
|---|---|---|---|---|
| In any of your Level 1 ND’s organization | $20 | $20 | $20 | $20 |
| In any of your Level 2 ND’s organization | X | $15 | $15 | $15 |
| In any of your Level 3 ND’s organization | X | X | $10 | $10 |
| In any of your Level 4 ND’s organization | X | X | X | $5 |
Plus, National Developers earn Infinity Bonuses.
| Pool | Shopping | IBO Qualifications | Local Sales (Monthly) | Local Sales (Annual) |
|---|---|---|---|---|
| Monthly | 2% LCB | $5 | $1 | $10 |
| Annual | 2% LCB | $5 | $1 | $10 |
IBOs have the opportunity to participate in companywide revenue.
Bonus Pool Qualifications
Must be QGL and have $200 in gateway shopping volume for the month
+| 20 New Activated Members | OR | 4 GLs that promote to QGLs |
1 Share Monthly
Must be ND and have $120,000 in gateway shopping volume for the year
+| 2500 New Activated Members | OR | 4 Distributors Promote to NDs |
1 Share Annual
| Personal Sale | $200* |
|---|---|
| When your Level 1 IBOs sell you earn | $25* |
| When your Level 2 IBOs sell you earn | $25* |
| When your Level 3 IBOs sell you earn | $25* |
| When your Level 4 IBOs sell you earn | $25* |
Annual Sales
IBOs can earn up to $200 per sale on Local Subscription Sales.
| Personal Sale | $20* |
|---|---|
| When your Level 1 IBOs sell you earn | $2* |
| When your Level 2 IBOs sell you earn | $2* |
| When your Level 3 IBOs sell you earn | $2* |
| When your Level 4 IBOs sell you earn | $2* |
Monthly Sales
With KlikFire You Can...
KlikFire
A Subsidiary of Pinnacle Communications International, Inc.
STATEMENT OF POLICIES
and
PROCEDURES
Revised July 2009
STATEMENT OF POLICIES and PROCEDURES
SECTION 1 - INTRODUCTION
1.1 - Policies and Compensation Plan Incorporated into Independent Business Owner Agreement
These Policies and Procedures, in their present form and as amended at the sole discretion of KlikFire, a subsidiary of Pinnacle Communications International, Inc. (hereafter “KlikFire” or the “Company”), are incorporated into, and form an integral part of, the KlikFire Independent Business Owner (“IBO”) Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Company Independent Business Owner Application and Agreement, these Policies and Procedures and the Company Marketing and Compensation Plan. These documents are incorporated by reference into the IBOAgreement (all in their current form and as amended by the Company). It is the responsibility of each Independent Business Owner to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures as updated and amended and published on the Company website. When enrolling a new IBO, it is the responsibility of the enrolling IBO to provide the most current version of these Policies and Procedures and the Company’s Compensation Plan to the applicant prior to his or her execution of the IBO Agreement.
1.2 - Purpose of Policies
KlikFire is a network marketing company that markets products and services through IBOs. It is important to understand that your success and the success of your fellow IBOs is dependent upon the integrity of the men and women who market our products and services. To clearly define the relationship that exists between IBOs and the Company, and to explicitly set a standard for acceptable business conduct, the Company has established the Agreement. The Company’s IBOs are required to comply with all of the Terms and Conditions set forth in the Agreement which the Company may amend at its sole discretion as it sees fit, as well as all federal, state, and local laws governing the Company business and conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from your upline or the Company.
1.3 - Changes to the Agreement
Because federal, state, and local laws, as well as the business environment, periodically change, the Company reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By signing the IBO Agreement, the IBO applicant agrees to abide by all amendments or modifications that the Company elects to make. Amendments shall be effective upon notice to all Independent Business Owners that the Agreement has been modified. Notification of amendments shall be published in official Company materials and on the Company website. The Company shall provide or make available to all IBOs a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) fax-on-demand; (4) voice mail system broadcast; (5) inclusion in Company periodicals; (6) inclusion in product orders or bonus checks; or (7) special mailings. The continuation of an IBOs KlikFire business or acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.4 - Delays
The Company shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, natural disasters, curtailment of a party’s source of supply, or government decrees or orders.
1.5 - 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 and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
1.6 - Waiver
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 the Company to exercise any right or power under the Agreement or to insist upon strict compliance by an IBO 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 the Company’s right to demand exact compliance with the Agreement. Waiver by the Company can be affected only in writing by an authorized officer of the Company. Company’s waiver of any particular breach by an Independent Business Owner shall not affect or impair Company’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Independent Business Owner. Nor shall any delay or omission by the Company to exercise any right arising from a breach affect or impair the Company’s rights as to that or any subsequent breach. The existence of any claim or cause of action of an Independent Business Owner against the Company shall not constitute a defense to the Company’s enforcement of any term or provision of the Agreement.
SECTION 2 - BECOMING AN INDEPENDENT BUSINESS OWNER
2.1 Requirements to Become an Independent Business Owner
To become an Independent Business Owner, each applicant must:
2.1.1 - Be of the age of majority in his/her state of residence usually over the age of 18 years;
2.1.3 - Have a valid Social Security or Federal Tax ID number;
2.1.5 – Electronically submit a completed IBO Application and Agreement to the Company by going online to a corporate-approved website to register; and the Company reserves the right to reject any applications for a new Independent Business Owner or applications for renewal.
2.2 – Policies Regarding Current Agents of Pinnacle Communications International
Agents who currently have a contract with Pinnacle are eligible to become an IBO for KlikFire, provided they meet the requirements set out in Section 2.1 above. Certain other restrictions may apply.
2.3 - No Product or Service Purchase Required
No person is required to sign up for third party services to become an IBO. However, each IBO should familiarize themselves with the Company products, services, sales techniques, sales aids, and other matters.
2.4 - New Independent Business Owner Registration
Prospective Independent Business Owners may submit an application online through their enroller’s KlikFire web site. Only electronically submitted applications will be accepted by the Company.
2.5 - Independent Business Owner Benefits
Once an IBO Application and Agreement have been accepted by the Company, the benefits of the Marketing and Compensation Plan and the IBO Agreement are available to the new IBO. These benefits include the right to:
2.5.1 - Sell Company products and services;
2.5.2 - Participate in the Company Marketing and Compensation Plan (receive bonuses and commissions, if eligible);
2.5.3 - Enroll other individuals as IBOs into the Company business and thereby, build a distribution team and progress through the KlikFire Marketing and Compensation Plan;
2.5.4 - Receive periodic Company literature and other Company communications;
2.5.5 - Participate in Company- sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
2.5.6 - Participate in promotional and incentive contests and programs sponsored by the Company for its IBOs when available.
2.6 - Renewal of Your KlikFire Business
The term of the IBO Agreement is one year from the date of its acceptance by the Company. IBOs must renew their IBO Agreement each year by paying an annual renewal fee as determined by the Company on or before the anniversary date of their IBO Agreement. If the renewal fee is not paid within thirty (30) days after the expiration of the current term of the IBO Agreement, the IBO Agreement will be suspended. On the sixty-first (61) day, the IBO Agreement will automatically be terminated if the renewal fee is not paid. If after termination of an IBO Agreement due to failure to renew, the IBO may rejoin at the then current fees. If terminated less than six (6) months prior, the IBO must rejoin under their original enroller. During the suspension period for non-renewals, all commissions will be held, and paid out if the IBO renews before the date of termination. After termination, all commissions will be forfeited.
SECTION 3 - OPERATING A KLIKFIRE BUSINESS
3.1 - Adherence to the Company Compensation Plan
IBOs must adhere to the terms of the Company Compensation Plan as set forth in official Company literature. IBOs shall not offer the KlikFire income opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Company literature. IBOs shall not require or encourage other current or prospective Members or IBOs to participate in the Company in any manner that varies from the program as set forth in official Company literature. IBOs shall not require or encourage other current or prospective Members or IBOs to execute any agreement or contract other than official Company agreements and contracts in order to become a Company IBO. Similarly, IBOs shall not require or encourage other current or prospective Members or IBOs to make any purchase from, or payment to, any individual or other entity to participate in the KlikFire Compensation Plan other than those purchases or payments identified as recommended or required in official Company literature.
3.2 – Advertising
3.2.1 - General
All IBOs shall safeguard and promote the good reputation of the Company and its products. The marketing and promotion of Klikfire, the income opportunity, the Compensation Plan, and Company products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. To promote both the products and services, and the tremendous opportunity the Company offers, IBOs must use the sales aids and support materials produced by the Company and no others. The rationale behind this requirement is simple. The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that each aspect of the Company is fair, truthful, and substantiated. If IBOs were allowed to develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding their integrity and good intentions, the likelihood that they would unintentionally violate any number of statutes or regulations affecting a KlikFire business is almost certain. These violations, although they may be relatively few, would jeopardize the KlikFire income opportunity for all IBOs. Materials, other than those provided by the Company, must have the prior approval of the Company’s marketing department.
3.2.2 - IBO Web Sites
If an IBO desires to utilize an Internet web page to promote his or her business, he or she may do so through the Company’s official web site, using official Company replicated websites (created and maintained by the Company), and only with the express written permission of the Company.
3.2.3 - Domain Names
IBOs may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name. This includes, but is not limited to the use of KlikFire, Pinnacle or GREENBACKSTREET.
3.2.4 - Trademarks and Copyrights
The Company will not allow the use of its trade names, trademarks, designs, or symbols by any person, including a Company IBO, without its prior, written permission. IBOs may not produce for sale or distribution any recorded Company events and speeches without written permission from Company nor may IBOs reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
3.2.5 - Media and Media Inquiries
IBOs must not attempt to respond to media inquiries regarding the Company, its products or services, or their independent KlikFire business. All inquiries by any type of media must be immediately referred to Company’s Legal Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
3.2.6 - Spamming and Unsolicited Faxes
Except as provided in this section, IBOs may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or “spamming” as determined by the Can – Spam Act 2003 or use an automatic telephone dialing system relative to the operation of Company businesses. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers. The terms "unsolicited faxes" and “unsolicited e-mail” mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting Company, its products, its Compensation Plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the IBO has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between a IBO and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such IBO; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
3.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Business Owner Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an IBO or Member; (c) the enrollment or attempted enrollment of non-existent individuals or entities as IBOs or Members (“phantoms”); (d) the use of a credit card by or on behalf of an IBO or Member when the IBO or Member is not the account holder of such credit card; (e) Purchasing Company merchandise or services on behalf of another IBO or Member, or under another IBO’s or Member’s I.D. number, to qualify for commissions or bonuses;
3.4 - Business Entities
A corporation, LLC, LLP, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Company IBO by submitting its Certificate of Incorporation, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to the Company, along with a properly completed Business Entity Registration form. A KlikFire business may change its status under the same enroller from an individual to a partnership, corporation or trust, or from one type of entity to another. The Business Entity Registration form must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to the Company.
3.5 - Changes to a KlikFire Business
3.5.1 - General
Each IBO must immediately notify the Company of all changes to the information contained on his or her IBO Application and Agreement. IBOs may modify their existing IBO Agreement (i.e., change Social Security number to number, or change the form of ownership from an individual proprietorship to a business entity owned by the IBO) by submitting a written request, a properly executed IBO Application and Agreement, and appropriate supporting documentation. There is a $25.00 fee for each change requested, which must be included with the written request. Company requests that these changes be limited to one per year.
3.5.2 - Addition of Co-Applicants
When adding a co-applicant (either an individual or a business entity) to an existing KlikFire business, the Company requires a written request as well as a properly completed IBO Application and Agreement containing the applicant and co-applicant’s Social Security Numbers and signatures. To prevent the circumvention of Section 3.22 (regarding transfers and assignments of a KlikFire business), the original applicant must remain as a party to the original IBO Application and Agreement. If the original IBO wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her KlikFire business in accordance with Section 3.22. If this process is not followed, the KlikFire business will be canceled upon the withdrawal of the original IBO. All bonus and commission checks will be sent to the address of record of the original IBO. Please note that the modifications permitted within the scope of this paragraph do not include a change of enrollership. Changes of enrollership are addressed in Section 3.5.3, below. There is a $25.00 fee for each change requested, which must be included with the written request and the completed IBO Application and Agreement. Company may, at its discretion, require notarized documents before implementing any changes to a KlikFire business. Please allow thirty (30) days after the receipt of the request by Company for processing.
3.5.3 - Change of Enroller - Cancellation and Re-application
The only way an IBO may legitimately change organizations is by voluntarily canceling his or her KlikFire business and remaining inactive (i.e., no purchases of Company products for resale, no sales of Company products, no enrolling, no attendance at any Company functions, participation in any other form of IBO activity, or operation of any other KlikFire business) for six (6) full calendar months. Following the six month period of inactivity, the former IBO may reapply under a new enroller. If an IBO wishes to reapply before the six month period has expired, the former IBO must come back under their original enroller.
3.6 - Unauthorized Claims and Actions
3.6.1 - Indemnification
An IBO is fully responsible for all of his or her verbal and written statements made regarding Company products, services, and the Marketing and Compensation Plan which are not expressly contained in official Company materials. IBOs agree to indemnify the Company and the Company’s directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by the Company as a result of the IBO’s unauthorized representations or actions. This provision shall survive the termination of the IBO Agreement.
3.6.2 - Product Claims
No claims about Company products or services may be made except those contained in official Company literature.
3.6.3 - Income Claims Prohibited
In their enthusiasm to enroll prospective IBOs, some IBOs are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new IBOs may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. At KlikFire, we firmly believe that the Company income potential is great enough to be highly attractive, without reporting the earnings of others. Moreover, the Federal Trade Commission and several states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While IBOs may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact the Company as well as the IBO making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because IBOs do not have the data necessary to comply with the legal requirements for making income claims, an IBO, when presenting or discussing the KlikFire income opportunity or Compensation Plan to a prospective IBO, may not make income projections, income claims, or disclose his or her KlikFire income (including the showing of checks, copies of checks, bank statements, or tax records).
3.7 - Trade Shows, Expositions and Other Sales Forums
IBOs may display and/or sell Company services at trade shows and professional expositions. Before submitting a deposit to the event promoter, IBOs must contact the Companies IBO Services department in writing for conditional approval, as the Company’s policy is to authorize only one KlikFire business per event. Final approval will be granted to the first IBO who submits an official advertisement of the event, a copy of the contract signed by both the IBO and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the Legal Department. The Company further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the KlikFire income opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image the Company wishes to portray.
3.8 - Conflicts of Interest
3.8.1 - Non-solicitation
Company IBOs are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”). However, during the term of this Agreement, IBOs may not recruit other KlikFire IBOs or Members for any other network marketing business. Following the cancellation of this Agreement for any reason and by either party, and for a period of six months thereafter, a former IBO may not recruit any KlikFire IBO or Member for another network marketing business if: 1) that IBO or Member was in the former IBO’s downline marketing organization; or 2) the former IBO met, developed a relationship with, or gained knowledge of the IBO or Member by virtue of their mutual participation in KlikFire. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or through a third party, another KlikFire IBO or Member to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the IBO’s actions are in response to an inquiry made by another IBO or Member. IBOs must not sell, or attempt to sell, any competing non-KlikFire products or services to KlikFire Members or IBOs. Any products or services in the same generic category as a KlikFire product or service is deemed to be competing (e.g., any telephone or internet service is in the same generic category as KlikFire’s products, and is therefore a competing product, regardless of differences in area coverage, cost, or method of delivery. IBOs may not display KlikFire products or services with any other products or services in a fashion that might in any way confuse or mislead a prospective Member or IBO into believing there is a relationship between the KlikFire and non-KlikFire products or services. IBOs may not offer the KlikFire income opportunity, products or services to prospective or existing Members or IBOs in conjunction with any non-KlikFire program, opportunity, product or service. IBOs may not offer any non-KlikFire income opportunity, products or services at any KlikFire-related meeting, seminar or convention, or immediately following such event.
3.8.2 - Downline Reports
Downline Reports are available for IBO access and viewing at the Company’s official web site. IBO access to their Downline Reports is password protected. All Downline Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to the Company. Downline reports are provided to IBOs in strictest confidence and are made available to IBOs for the sole purpose of assisting IBOs in working with their respective downline organizations in the development of their KlikFire business. IBOs should use their downline reports to assist, motivate, and train their downline IBOs. The IBO and Company agree that, where it not for this agreement of confidentiality and nondisclosure, the Company would not provide downline reports to the IBO. An IBO shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
3.8.2.1 - Directly or indirectly disclose any information contained in any downline report to any third party;
3.8.2.2 - Directly or indirectly disclose the password or other access code to his or her downline report;
3.8.2.3 - Use the information to compete with the Company or for any purpose other than promoting his or her KlikFire business;
3.8.2.4 - Recruit or solicit any IBO or Member of KlikFire listed on any report, or in any manner attempt to influence or induce any IBO or Member of KlikFire, to alter their business relationship with the Company; or
3.8.2.5 - Use or disclose to any person, partnership, association, corporation, or other entity any information contained in any downline report. Upon demand by the Company, any current or former IBO will return the original and all copies of downline reports to the Company.
3.8.3 - Direct contact with any Company supplier is forbidden. All contacts with suppliers for any reason must be made through and by the Company. An IBO shall make no false or misleading statements concerning these relationships and understands that doing so may immediately jeopardize his/her status and relationship with the Company, and is grounds for immediate termination. Any IBO who contacts or contracts with any Company service provider and/or partner merchant for the purpose of providing products, programs or services directly to registered members, Members and/or independent contractors of the Company will be terminated from the Company immediately and forfeit any and all commission income and all rights thereto.
3.9 - Cross-Enrollering
Actual or attempted cross enrollering is strictly prohibited. “cross enrollering” is defined as the enrollment of an individual who or entity that already has a current Member or IBO Agreement on file with the Company, or who has had such an agreement within the preceding six calendar months, within a different line of enrollership. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. IBOs shall not demean, discredit or defame other Company IBOs in an attempt to entice another IBO to become part of the first IBO’s marketing organization. This policy shall not prohibit the transfer of a KlikFire business in accordance with Section 3.22.
3.10 - Errors or Questions
If an IBO has questions about or believes any errors have been made regarding commissions, bonuses, downline reports, or charges, the IBO must notify KlikFire’s IBO Support in writing within sixty (60) days of the date of the purported error or incident in question. The Company will not be responsible for any errors, omissions or problems not reported to the Company within sixty (60) days.
3.11 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, IBOs shall not represent or imply that KlikFire its, Compensation Plan, or its products have been "approved," “endorsed" or otherwise sanctioned by any government agency.
3.12 - Holding Applications or Orders
IBOs must not manipulate enrollments of new applicants and purchases of products. All IBO Applications and Agreements, and product orders must be sent to the Company immediately after they are enrolled by an IBO or placed by a Member, respectively. Only electronic submittal will be accepted and acknowledged by the Company.
3.13 - Identification
All IBOs are required to provide their Social Security Number or a Federal Employer Identification Number to the Company on the IBO Application and Agreement. Upon enrollment, the Company will provide a unique IBO Identification Number to the IBO by which he or she will be identified. This number will be used to place orders, and track commissions and bonuses.
3.14 - Income Taxes
Each IBO is responsible for paying local, state, and federal taxes on any income generated as an Independent IBO. If a KlikFire business is tax exempt, the Federal tax identification number must be provided to the Company. Every year, the Company will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who had earnings of over $600 in the previous calendar year.
3.15 - Independent Contractor Status
IBOs are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between the Company and its IBOs does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the IBO. IBOs shall not be treated as an employee for his or her services or for Federal or State tax purposes. All IBOs are responsible for paying local, state, and federal taxes due from all compensation earned as an IBO of the Company. The IBO has no authority (expressed or implied), to bind the Company to any obligation. Each IBO shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the IBO Agreement, these Policies and Procedures, and applicable laws. The name KlikFire and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of the Company. As such, these marks are of great value to the Company and are supplied to IBOs for their use only in an expressly authorized manner. Use of Company name on any item not produced by the Company is prohibited except as follows:
IBOs may list themselves as a “KlikFire Independent Marketing Independent Business Owner” in the white or yellow pages of the telephone directory under their own name. No IBO may place telephone directory display ads using the Company's name or logo. IBOs may not answer the telephone by saying “KlikFire”, or “Pinnacle”, or “GREENBACKSTREET” or in any other manner that would lead the caller to believe that he or she has reached corporate offices of the Company. No IBO may use KlikFire or any of the Company’s registered trademarks or logos in their personal e-mail addresses or web addresses.
3.16 - Insurance
You may wish to arrange insurance coverage for your business, as the Company does not provide property or liability insurance coverage for IBOs. Your current homeowner’s insurance policy may 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 policy.
3.17 - International Marketing
Because of critical legal and tax considerations, the Company must limit the resale of Company products and services, and the presentation of the KlikFire business to prospective Members and IBOs located within the United States and U.S. Territories and those countries that Company has officially announced are open for business.
3.18 - Adherence to Laws and Ordinances
3.18.1 - Local Ordinances
Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to IBOs because of the nature of their business. However, IBOs must obey those laws that do apply to them. If a city or county official tells an IBO that an ordinance applies to him or her, the IBO shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of KlikFire. In most cases there are exceptions to the ordinance that may apply to Company IBOs.
3.18.2 - Compliance With Federal, State, Local Laws
IBOs shall comply with all federal, state, and local laws and regulations in the conduct of their businesses.
3.19 - Minors
A person who is recognized as a minor in his/her state of residence may not be a Company IBO. IBOs shall not enroll or recruit minors into the KlikFire program.
3.20 - One KlikFire Business Per IBO and Per Household
An IBO may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one KlikFire business. No individual may have, operate or receive compensation from more than one KlikFire business. Individuals of the same family unit may not enter into or have an interest in more than one KlikFire Business. A “family unit” is defined as spouses and dependent children living at or doing business at the same address. In order to maintain the integrity of the Company Compensation Plan, husbands and wives or common-law couples (collectively “spouses”) who wish to become KlikFire IBOs must be jointly enrolled as one KlikFire business. Spouses, regardless of whether one or both are signatories to the IBO Application and Agreement, may not own or operate any other KlikFire business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or any other legal or equitable ownership) in the ownership or management of another KlikFire business in any form. An exception to the one IBO per household rule will occur when a spouse wishes to build their own business and both are enrolled by the same enroller.An exception to the one KlikFire business per IBO rule will be considered on a case-by-case basis if two IBOs marry or in cases of an IBO receiving an interest in another KlikFire business through inheritance. Requests for exceptions to policy must be submitted in writing to the Legal Department.
3.20.1 - Actions of Household Members or Affiliated Individuals
If any member of an IBO’s immediate household engages in any activity which, if performed by the IBO, would violate any provision of the Agreement, such activity will be deemed a violation by the IBO and the Company may take disciplinary action pursuant to the statement of policies in the Policies and Procedures against the IBO. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively “affiliated individual”) violates the Agreement, such action(s) will be deemed a violation by the entity, and the Company may take disciplinary action against the entity.
3.21 - Sale, Transfer or Assignment of KlikFire Business
Although a KlikFire business is a privately owned, independently operated business, the sale, transfer or assignment of a KlikFire business is subject to certain limitations. If an IBO wishes to sell his or her KlikFire business, the following criteria must be met:
3.21.1 - Protection of the existing line of enrollership must always be maintained so that the KlikFire business continues to be operated in that line of enrollership.
3.21.2 - The buyer or transferee must be (or must become) a qualified Company IBO. If the buyer is an active Company IBO, he or she must first terminate his or her KlikFire business simultaneously with the purchase, transfer, assignment or acquisition of any interest in the new KlikFire business.
3.21.3 - Before the sale, transfer or assignment can be finalized and approved by the Company, any debt obligations the selling IBO has with the Company must be satisfied.
3.21.4 - The selling IBO must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a KlikFire business. Prior to selling a KlikFire business, the selling IBO must notify the Company’s Legal Department, in writing, of his or her intent to sell the KlikFire business. No changes in line of enrollership can result from the sale or transfer of a KlikFire business.
3.22 - Separation of a KlikFire Business
Company IBOs sometimes operate their KlikFire businesses as husband-wife partnerships, partnerships, LLCs, LLPs, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the KlikFire business is accomplished so as not to adversely affect the interests and income of other KlikFire businesses up or down the line of enrollership. If the separating parties fail to provide for the best interests of other IBOs and the Company, the Company will involuntarily terminate the IBO’s Agreement. During the pendency of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:
3.22.1 - One of the parties may, with consent of the other(s), operate the KlikFire business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize the Company to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.
3.22.2 - The parties may continue to operate the KlikFire business jointly on a “business-as-usual” basis, whereupon all compensation paid by the Company will be paid according to the status quo as it existed prior to the Company’s receipt of notice of the divorce or dissolution proceeding. This is the default procedure. Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will the Company split commission and bonus checks between divorcing spouses or members of dissolving entities. The Company will recognize only one downline organization and will issue only one commission check per KlikFire business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of theKlikFire business, the IBO Agreement shall be involuntarily canceled. If a former spouse has completely relinquished all rights in their original KlikFire business, they are thereafter free to enroll under any enroller of their choosing. In such case, however, the former spouse or partner shall have no rights to any IBOs in their former organization or to any former retail Member. They must develop their new KlikFire business in the same manner as would any other new IBO. In the case of business entities, the former business associates who do not receive the KlikFire business must wait six calendar months from the date of the dissolution before reapplying.
3.23 - Stacking
“Stacking” is strictly prohibited. The term “stacking” includes: (a) providing financial assistance to new IBOs for the purpose of maximizing compensation pursuant to the Company’s Compensation Plan; (b) violating the one Klikfire business per household rule; and/or (c) enrolling fictitious individuals or entities into the Company compensation plan.
3.24 - Succession
Upon the death or incapacitation of an IBO, his or her KlikFire business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, an IBO should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a KlikFire business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased IBO’s marketing organization provided the following qualifications are met. The successor(s) must:
3.24.1 - Execute an IBO Agreement;
3.24.2 - Comply with terms and provisions of the Agreement; and
3.24.3 - Meet all of the qualifications for the deceased IBO’s status.
3.24.4 - Bonus and commission checks of a KlikFire business transferred pursuant to this section will be paid in a single check jointly to the devisees. The devisees must provide the Company with an “address of record” to which all bonus and commission checks will be sent;
3.24.5 - If the KlikFire business is bequeathed to joint devisees, they must form a business entity and acquire a federal taxpayer identification number. The Company will issue all bonus and commission checks and one 1099 to the business entity.
3.25 - Transfer Upon Death of an IBO
To effect a testamentary transfer of a KlikFire business, the successor must provide the following to the Company: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor’s right to the KlikFire business; and (3) a completed and executed IBO Agreement.
3.26 - Transfer Upon Incapacitation of an IBO
To effect a transfer of a KlikFire business because of incapacity, the successor must provide the following to the Company: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the KlikFire business; and (3) a completed IBO Agreement executed by the trustee.
3.27 - Telephone Solicitation and Cold Calling
IBOs agree that they shall not engage in telemarketing or cold calling in their KlikFire businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Company product or service, or to recruit them for the KlikFire income opportunity. For purposes of these Policies and Procedures, "cold calls" made to prospective Members or IBOs that promote either Company products or services or the KlikFire income opportunity constitute telemarketing. However, a telephone call(s) placed to a prospective Member or IBO (a "prospect") with whom an IBO has an established business relationship is not considered telemarketing and is permitted. An “established business relationship” is a relationship between an IBO and a prospect based on: (1) the prospect’s purchase, rental, or lease of goods or services from the IBO within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service; or (2) a financial transaction between the prospect and the IBO within the eighteen (18) months immediately preceding the date of such a call; or (3) the prospect’s inquiry or application regarding a product or service offered by the IBO, within the three (3) months immediately preceding the date of such a call. In addition, IBOs shall not use automatic telephone dialing systems relative to the operation of their KlikFire businesses. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.
SECTION 4 - RESPONSIBILITIES OF DISTRIBUTORS
4.1 - Change of Address or Telephone
To ensure timely delivery of products, support materials, and commission checks, it is critically important that the Company’s files are current. IBOs planning to move should send their new address and telephone numbers to the Company’s corporate offices to the attention of the IBO Services Department. To guarantee proper delivery, two weeks advance notice must be provided to the Company on all changes. Failure to report a change of address could cause a commission check(s) to be lost in the mail. In the event a check is lost, there is a 10-business day waiting period before the Company can place a stop payment on the check. A stop payment fee of $30 will be charged the IBO to have it re-issued. The Company is not responsible for any bank fees that the IBO may be charged from their bank if the IBO attempts to cash or deposit the original commission check(s).
4.2 - Continuing Development Obligations
4.2.1 - Ongoing Training
Any IBO who enrolls another IBO into the Company must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her KlikFire business. IBOs must have ongoing contact and communication with the IBOs 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 IBOs to Company meetings, training sessions, and other functions. Up line IBOs are also responsible to motivate and train new IBOs in Company product knowledge, effective sales techniques, the Company Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of downline IBOs must not, however, violate Section 4.2 (regarding the development of IBO-produced sales aids and promotional materials). IBOs must monitor the IBOs in their downline organizations to ensure that downline IBOs do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every IBO should be able to provide documented evidence to the Company of his or her ongoing fulfillment of the responsibilities of an enroller.
4.2.2 - Increased Training Responsibilities
As IBOs progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the KlikFire program. They will be called upon to share this knowledge with lesser-experienced IBOs within their organization.
4.2.3 - Ongoing Sales Responsibilities
Regardless of their level of achievement, IBOs have an ongoing obligation to continue to personally promote sales through the generation of new Members and through servicing their existing Members.
4.3 - Non-disparagement
The Company wants to provide its IBOs with the best products, compensation plan, and services in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing and addressed to the Company’s Manager of the Network Marketing Business Development. E-mails may be addressed to support@KlikFire.com. Remember, to best serve you, we must hear from you! While the Company welcomes constructive input, negative comments and remarks made in the field by IBOs about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other Company IBOs. For this reason, and to set the proper example for their downline, IBOs must not disparage, demean, or make negative remarks about the Company, other Company IBOs, Company’s products, the Compensation Plan, or Company’s directors, officers, or employees. In the event IBOs have contact with anyone at the Company for any reason, the Company expects full cooperation, and IBOs are not to use vulgar language, threaten or demean in any way, the Company ot its employees or IBOs. Doing so will be grounds for immediate termination.
4.4 - Providing Documentation to Applicants
IBOs must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are enrolling to become IBOs before the applicant signs an IBO Agreement. Additional copies of Policies and Procedures can be acquired from the Company, and the most current Policies and Procedures are available on Company’s website.
4.5 - Reporting Policy Violations
IBOs observing a Policy violation by another IBO should submit a written report of the violation directly to the attention of the Company’s Legal Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
SECTION 5 - SALES REQUIREMENTS
5.1 - Product Sales
The Company Compensation Plan is based upon member acquisition for GREENBACKSTREET, member purchases on the GREENBACKSTREET gateway and the sale of Company products and/or services to end consumers. IBOs must fulfill personal and downline organization 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. The following requirements must be satisfied for IBOs to be considered active and remain eligible for commissions:
5.1.1 - IBOs must be current with their monthly gateway maintenance fee.
5.1.2 – Each IBO must personally, enroll and maintain five activated members in GREENBACKSTREET to be eligible to collect any commissions.
5.2 - No Exclusive Territories
There are no exclusive territories granted to anyone. No franchise fees are required.
SECTION 6 - BONUSES AND COMMISSIONS
6.1 - Bonus and Commission Qualifications
Commissions are paid to IBOs in good standing in accordance with the Company's current compensation plan. Commissions are based on GREENBACKSTREET member acquisition and the sales volume of products and services to members. The KlikFire Compensation Plan is the only compensation plan that the Company recognizes. KlikFire is solely responsible for paying all monies referred to in the compensation plan. An IBO must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an IBO complies with the terms of the Agreement, The Company shall pay commissions to such IBO in accordance with the Compensation Plan. The minimum amount for which the Company will issue a check is $15.00. If an IBO’s bonuses and commissions do not equal or exceed $15.00 the Company will accrue the commissions and bonuses until they total $15.00. A check will be issued once $15.00 has been accrued. I understand that I must maintain the IBO Gateway Maintenance. I understand that failure to pay the Gateway Maintenance fee would result in cancellation of my IBO status with the Company. Commissions will be paid according to the schedule detailed in the KlikFire Compensation Plan.
6.2 - Adjustment to Bonuses and Commissions
6.2.1 – Purchase of KlikFire Merchandise
If an IBO places an order for Company merchandise, and the credit card used to pay for the merchandise is rejected, the Company will make one attempt either by telephone or email to obtain good payment information. If the Company is unable to obtain good payment information, 100% of the cost of the order plus shipping and handling will be withheld from the next commission check earned by the IBO. If the amount of the commission check is not enough to cover the entire order, the Company will continue to withhold from subsequent commission checks until the amount owed is paid in full.
6.2.2 – Other Deductions
If the IBO has signed up for any of the Company’s services, and fails to pay their monthly Company invoice by the due date set out on the invoice, the Company reserves the right to take all or whatever portion of their commission check and/or all or whatever portion of any refund due is necessary in order to pay that invoice even if the entire commission check does not fully cover the invoiced amount.
6.3 - Unclaimed Commissions and Credits
IBOs must deposit or cash commission and bonus checks within six months from their date of issuance. A check that remains un-cashed after six months will be void. After a check has been voided, the Company will attempt to notify an IBO who has an un-cashed check by sending a monthly written notice to his or her last known address identifying the amount of the check and advising that the IBO can request that the check be reissued. There shall be a $30.00 charge for reissuing a check. This charge shall be deducted from the balance owed to the IBO.
6.4 - Compression
If an IBO fails to qualify for a commission during any month, or if an IBO’s KlikFire business is cancelled for any reason, the commissions generated by the non-qualifying IBO and his/her Members will be compressed up to the next commission-qualified upline IBO.
6.5 - Reports
All information provided by the Company in online or telephonic downline reports, including but not limited to personal and group sales volume (or any part thereof), and downline enrolling activity is believed to be accurate and reliable. Nevertheless, due to various factors including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; cancelled services; credit card and electronic check charge-backs; the information is not guaranteed by the Company or any persons creating or transmitting the information. ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KLIKFIRE AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY DISTRIBUTOR OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND 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 KLIKFIRE 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, KLIKFIRE 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 the Company’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 the Company’s online and telephone reporting services and your reliance upon the information.
SECTION 7 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
7.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by an IBO may result, at the Company's discretion, in one or more of the following corrective measures:
7.1.1 - Issuance of a written warning or admonition;
7.1.2 - Require the IBO to take immediate corrective measures;
7.1.3 - Imposition of a fine, which may be withheld from bonus and commission checks;
7.1.4 - Loss of rights to one or more bonus and commission checks;
7.1.5 - The Company may withhold from an IBO all or part of the IBO’s bonuses and commissions during the period that the Company is investigating any conduct allegedly violative of the Agreement. If an IBO’s KlikFire business is canceled for disciplinary reasons, the IBO will not be entitled to recover any commissions withheld during the investigation period.
7.1.6 - Suspension of the individual’s IBO Agreement for one or more pay periods.
7.1.7 - Involuntary termination of the offender’s IBO Agreement;
7.1.8 - Any other measure expressly allowed within any provision of the Agreement or which the Company deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IBO’s policy violation or contractual breach.
7.1.9 - In situations deemed appropriate by the Company, the Company may institute legal proceedings for monetary and/or equitable relief.
7.2 - Grievances and Complaints
When an IBO has a grievance or complaint with another IBO regarding any practice or conduct in relationship to their respective KlikFire businesses, the complaining IBO should first report the problem to his or her enroller who should review the matter and try to resolve it with the other party's upline enroller. If the matter cannot be resolved, it must be reported in writing to the Legal Department at the Company. The Legal Department will review the facts and attempt to resolve it.
SECTION 8 - PAYMENT AND SHIPPING
8.1 - Returned Checks
All checks returned by an IBO’s bank for insufficient funds will be re-submitted for payment. A $30.00 returned check fee will be charged to the account of the IBO. After receiving a returned check from a Member or an IBO, all future orders must be paid by, money order or cashier’s check. Any outstanding balance owed to the Company by an IBO for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks. An IBO fee that is paid by check that subsequently is insufficient, will cause the IBO to be suspended immediately. If after a two week period the insufficient check amount and the returned check fee set out above are not cured, the IBO will be terminated.
8.2 - Restrictions on Third Party Use of Credit Cards and Checking Account Access
IBOs shall not permit other IBOs or Members to use his or her credit card, or permit debits to their checking accounts, to enroll or to make purchases from the Company.
8.3 – Chargebacks on Credit Card Transactions
If an IBO pays his IBO fee with a credit card and subsequently charges back that amount, the IBO is no longer in good standing, and the Company will automatically terminate the IBO Agreement. There will be a $30.00 assessed for any chargeback.
8.4 – Check and EFT Processing Fee
IBO’a will have a fee of $3 per check or Electronic Funds Transfer (“EFT”), will be deducted from each commission checks.
SECTION 9 - INACTIVITY AND CANCELLATION
9.1 - Effect of Cancellation
So long as an IBO remains active and complies with the terms of the IBO Agreement and these Policies and Procedures, the Company shall pay commissions to such IBO in accordance with the Compensation Plan. An IBO’s bonuses and commissions constitute the entire consideration for the IBO's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an IBO’s non-renewal of his or her IBO Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her IBO Agreement (all of these methods are collectively referred to as “cancellation”), the former IBO 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 IBO whose KlikFire business is cancelled will permanently lose all rights as an IBO. This includes the right to sell Company products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the IBO’s former downline sales organization. In the event of cancellation, IBOs agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization. Following an IBO’s cancellation of his or her IBO Agreement, the former IBO shall not hold himself or herself out as a KlikFire IBO and shall not have the right to sell Company products or services. An IBO whose IBO Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
9.2 - Involuntary Cancellation
An IBO’s violation of any of the terms of the Agreement, including any amendments that may be made by the Company in its sole discretion, may result in any of the sanctions listed in Section 8.1, including the involuntary cancellation of his or her IBO Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed, or delivered to an express courier, to the IBO’s last known address (or fax number), or to his/her attorney, or when the IBO receives actual notice of cancellation, whichever occurs first.
9.3 - Voluntary Cancellation
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the IBO’s signature, printed name, address, and IBO I.D. Number.
9.4 - Non-renewal
An IBO may also voluntarily cancel his or her IBO Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew an IBO's Agreement upon its anniversary date.
9.5 - Montana Residents
A Montana resident may cancel his or her IBO Agreement within 15 days from the date of enrollment is entitled to 100% refund of any consideration to participate.
9.6 – Buy Back Statutes & Refund Policy
The Company has designed its business model so that IBOs do not inventory products for resale. Therefore there will be no products subject to buy-back. If any sales aids of other items are deemed subject to the buy-back statutes of GA, LA, MA, MD, MT, OK, TX, PR or WY, the provisions of those statutes will be honored.
KlikFire has a six (6) day unconditional refund policy. Refund requests:
KlikFire Inc.
9116 Cypress Green Drive, Suite 116
Jacksonville, FL 32256
SECTION 10 - DEFINITIONS
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