JANUARY 2017 | Subject to Change
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By submitting an application to be a member, you are agreeing to be bound by the Policies and Procedures (“P&P”) below and our Standards of Conduct, which can be found on page 27. These P&P and our Standards of Conduct shall be legally enforceable between MoneyZoo.org (“Money Zoo”, "MoneyZoo", “we”,“our” or “us”) and “you”, the company or person named in the application. If you do not want to be bound by the Agreement, you must not submit an application to join as a member.
TABLE OF CONTENTS
CHAPTER I: MEMBER / COMPANY RELATIONS
- THE PURPOSE OF THESE POLICIES AND PROCEDURES 4
- INTERPRETATION, ENFORCEMENT, AMENDMENT, AND WAIVER OF POLICIES & PROCEDURES 4
- Member STATUS 6
- ENROLLMENT AS A MEMBER 6
- RESTRICTIONS ON BECOMING A MEMBER 7
- REWARDS AND BENEFITS 8
- Member COMPLIANCE 9
- NO SOLICITATION 11
- POLICY BREACH AND ACCOUNTABILITY PROCEDURES 12
- DISPUTE RESOLUTION 13
- CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 15
- DEATH OF A MEMBER 16
CHAPTER II: MEMBER ADVERTISING AND SALES
- RESTRICTION USE OF THE NAME 16
- WEBSITE / SOCIAL MEDIA 16
- ADVERTISEMENT 17
- TRADE SHOWS, EXPOSITIONS AND OTHER SALES FORUMS 19
CHAPTER III: PROHIBITED BEHAVIOR
- SOLISITATION OF MEMBERS, PRODUCTS OR SERVICES 19
- COMPANY AND PROGRAM CLAIMS 20
- PRODUCT CLAIMS 21
- INCOME CLAIMS 21
- TRADEMARKS 22
- UNAUTHORIZED INTERNATIONAL AND/OR TERRITORIAL EXPANSION 23
- UNAUTHORIZED CONTRACTS OR PAYMENTS 24
- THIRD PARTY CONTRACTS AND PROGRAMS 24
STANDARDS OF CONDUCT 26CHAPTER I: MEMBER / COMPANY RELATIONS
1. THE PURPOSE OF THESE POLICIES AND PROCEDURES
This document must be read in its entirety. Every Member must be intimately familiar with these Policies and Procedures (hereafter “P&P”) and agree to comply with all policies set forth herein. Members are subject to the regulations of the P&P from the time that they receive access to MoneyZoo.org. Submission of the Membership Online Application constitutes acknowledgment on the part of the Member that he/she has read and agrees to abide by the P&P. This document, in its entirety, is applicable to all Members. Some aspects of the document may be modified by a separate addendum for Members in other countries or regarding specific topics such as a Members Rewards Plan.
If a conflict should arise between the P&P and any addendum, the terms of the latest addendum shall prevail. Members must regularly review the P&P and addendum as are published on Money Zoo in the documents section. MoneyZoo.org (The Company and its affiliated companies (collectively “the Company” herein), is an Online and Offline Marketing and Training Club, which honours the P&P outlined hereafter. This document is an integral part of the agreement between the members and the Company. It was created to protect the rights of all Members and to provide a clear, procedural framework within which they may work effectively. Adherence to these P&P is required, and will assist in the success of the Company and its Independent Members in several ways, including the following:
- By providing equal opportunity for rewards through the Affiliates Rewards Plan.
- By providing Members adequate definition and explanation of the Affiliates Rewards Plan.
- By defining the contractual relationships between the Company and its Members.
- By complying with regulatory requirements and by providing specific information about the programs to appropriate agencies.
- By providing Members a guide that informs them of the P&P to which they must adhere, both in terms of what they must do as well as what actions are prohibited.
- By establishing a basis for problem resolution between Members and the Company.
2. INTERPRETATION, ENFORCEMENT, AMENDMENT, AND WAIVER OF POLICIES & PROCEDURES
A. These Policies and Procedures are incorporated herein and made a part of the Membership. The Membership Application, as well as the instruments and documents referred to herein, constitute the entire understanding of the parties with respect to the matter. The P&P and the Membership Online Application and Agreement shall be controlling in defining the relationships between the Company and the Member.
B. Interpretation: Any questions regarding the interpretation of these P&P must be directed to the Company Compliance Department by writing to firstname.lastname@example.org. Members may only rely upon the opinion of the Compliance Department agents to interpret these P&P. Members must not rely upon the opinion expressed by the employees of any other Company departments or by other Members.
C. Enforcement: The P&P will be enforced from the date of posting. The most recent and applicable P&P will be posted in the Back Office Library in the documents section under the title LEGAL. It is recommended that Member refer to the documents each month to check for updates. No failure of the Company to exercise any power given to it under these P&P or Member Application and Agreement, to insist upon strict compliance by a Member, or to allow any variance of the terms shall constitute a waiver of the Company’s right to demand exact compliance with these P&P. No delayed action shall preclude the Company from taking that action later, with full effect.
D. Severability: The P&P set forth herein shall be deemed severable. The invalidity of or inability to enforce any provision shall not affect the validity or enforceability of any other provisions. If any provision of these P&P, or application thereof to any person or any circumstance, is invalid or unenforceable, then the following shall occur:
i. A suitable and equitable provision shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision.
ii. The remainder of these P&P, and the application of the provision in question to other persons or circumstances, shall not be affected by such invalidity or inability to enforce, nor shall such invalidity or inability to enforce affect the validity or enforceability of the provision in question, or the application thereof, in any other jurisdiction.
E. Amendment: The Company solely and expressly reserves the right to amend these P&P at any time and will publish these P&P. The Member will be responsible to adhere to these P&P upon publication, in any form, by the Company. Amendments shall be in effect and binding to all Members upon publication by the Company in any form generally made available to all Members.
F. Waiver and Exception: The Company, in its sole discretion, reserves the right to waive a breach of, or make an exception to, any provision of the P&P. Any request for a waiver or exception to these P&P must be submitted in writing exclusively to the Compliance Department. You may direct your Compliance Department inquiries or reports by e-mail to email@example.com. Only an authorized Compliance Department officer, in writing, can grant waiver by the Company. Any waiver granted, or exception made, by the Company to any provision of the P&P will not be interpreted as a waiver of any subsequent or additional breach of the P&P or an exception for any other person.
G. In no instance shall the Company be responsible for any delays or failures in performing its obligations or rights herein due to any force, major occurrences, including without limitation, circumstances such as fire, death, public insurrection, labor strikes or difficulties, interruption of Company’s supply chain, government decree or orders, or any other example of occurrence that might reasonably be termed an Act of God.
3. MEMBERS STATUS
A. Members are not employees or agents of their Sponsor or of the Company and may not represent themselves as such. Member do not have authority to make purchases, enter into transactions, or act in any way on behalf of the Company. Additionally, Members shall not represent the Company as their employer on any application, form or document. No printed or verbal representations may be made, stated or implied otherwise, other than as outlined in these P&P.
B. As an independent party, all Members are responsible for any expenses that result from building or introducing new Members, including but not limited to: responsibility for any required licenses, fees, insurance, liabilities, operating expenses, and taxes including sales, income, social security, and unemployment taxes. Members dictate their own work hours, business development, and are responsible for all entrepreneurial risk and losses that might be incurred.
4. ENROLLMENT OF MEMBERSHIP
A. To enroll as a Member, an applicant must:
i. Submit to the Company a signed true, current, and accurately completed Membership Online Application Form in accordance to the country within which the Member resides and authorized by the Company; and
ii. Provide, where allowed by law, proof of identity in the form and method as the Company may require from time to time.
B. Any Member acting as an Affiliate has the duty to provide the Company with accurate information concerning the new Member at the time of registration. If, at the request of the new Member, an affiliate may complete the online registration application on behalf of a new Member, the affiliate is responsible for assuring that the new Member has read, and agreed to, the P&P in its entirety.
C. The Company reserves the right to reject any application or terminate any provisional Membership, at any time prior to receiving a true and completed online application.
i. Internet applications will be processed by the website automatically.
ii. Faxed or emailed applications will not be processed.
iii. Each Member is responsible for informing the Company of any changes affecting the correctness of the details in their Online Application and/or any subsequent changes of account information affecting their membership.
E. False Member accounts or signing up an individual as a Member without their knowledge/consent is prohibited. Any fees or costs incurred by the Company due to P&P violations will be borne by the Affiliate and will be directly debited from the Affiliate’s rewards.
F. As a Member you will be given access to the company’s Membership platform, depending on your membership level and the duration of your membership. It is your sole responsibility to manage your account. By submitting this agreement you recognize that:-
You will not be able to claim back your initial Membership fees. If you are a Premium Member, you will need to make sure you renew your membership at the time of expiration. If your membership is not renewed you forfeit any right to access our Membership Platform
You will be able to withdraw any matured Affiliate rewards after you make a claim for payment. You may also use your Affiliate Rewards to renew your membership subscription, or purchase any products or services which may be available on our site from time to time.
5. RESTRICTIONS ON BECOMING A MEMBER
A. All individual Member applicants must attain the age of majority (usually 18 years of age) in the jurisdiction in which they reside.
B. Shared Accounts: The company discourages shared account Membership. In the event that a spouse, cohabitant or any other individual wishes to become a Member, the spouse, cohabitant or other person must be registered as an individual Member.
C. In the case of two (2) Members subsequently marrying, both husband and wife shall be allowed to retain their existing Membership account. Written notice must be given to the Company prior to and/or within 30 days after the marriage.
D. If a married couple with a jointly held Membership account divorces, written notification, including the notarized signatures of both parties, must be provided to the Company indicating how the Members account is to be managed thereafter. Otherwise, the Company shall either consider the principal account holder as the sole continuing Member or restructure the Members account pursuant to a court order. The Company reserves the right to charge the Member a fee for reorganization. These rules shall also be applied to non-married, co-applicant Members.
6. REWARDS AND BENEFITS
No reward will be paid for displaying the company’s marketing material, be it in the form of video, image or text unless otherwise previously agreed in writing by the company.
Rewards will appear within your account in the company Affiliate Area within 24 hours (Normally instantly). Rewards will be paid in accordance to the Reward Rules of the Company.
To receive a reward, a Member will have the option to request for a withdrawal in the current month if the reward reached the minimal threshold. Payment will be carried out once a month and paid to the respective Members payment selected method chosen at the time of the payment request.
The company will not be held responsible for delays in withdrawal caused by wrong payment details, technical issues, natural disaster or any other delays caused by reasons beyond the control of the company. Withdrawal of funds may take up to 14 days to reach your account and up to 30 days from when you place a withdrawal order.
The Company will not make any payments, which are less than a certain amount (called the “Minimum Threshold”). If you have total rewards, which are less than the Minimum Threshold, they will be held in your account. When the total amount of held in your account reaches the Minimum Threshold, those rewards can be redeemed. The current Minimum Threshold is of US$50.00 and may change from time to time at the company’s sole discretion.
Company shall have the rights to suspend or terminate the Members and forfeit all the rewards of the Member if:-
(i) If the Company suspects a Member have been generating rewards in breach of this Agreement,
(ii) If the Company is unable to get in contact with you using the contact details set out in your application, and:
(iii) You do not renew and pay your membership fee within 60 days of expiration. You cannot terminate this Agreement on the basis any delay of crediting rewards to your account constitutes a breach of this Agreement.
You will not receive any interest on rewards held in your account.
I. Any Members who have his/her Members account terminated may only make a fresh application to join as a Member after a period of six (6) months from the date of termination.
7. Member COMPLIANCE
A. Because a Members’s actions may result in damages that are difficult to ascertain, the Company solely reserves the right to immediately discipline, suspend, or terminate any Member whose actions may be reasonably construed as illegal, unethical, dishonest, fraudulent, harmful, or in any way against the Company’s P&P, or Standards of Conduct (Appendix A), regardless of whether such actions are or were directed toward the Company, another Member, or any person in general.
B. The Company may terminate a Member’s authorization for cause, including but not limited to: violation of these P&P, a breach of any other promise made in the Members Online Application and Agreement, or any misstatement or misrepresentation made by the Member in the agreement, or on any other form, as determined within the sole discretion of the Company.
C. The Company will monitor Member’s compliance with the established and published P&P. This may include, but is not limited to, reviewing advertising materials, electronic media, and training materials in any form of communication, whether in print, by video, or through any form of communication facilitated by, or occurring in, any social or networking media such as Wechat, WhatsApp, Twitter, Facebook, YouTube, and the like. Comments from the Company regarding compliance must not be interpreted or construed as approval, disapproval, or sanctioning by the Company, but must be considered only as the Company’s demand and/or warning to the Member to comply with the agreements and established P&P between the Member and the Company.
D. In accordance with the agreements and established P&P, the Company’s Compliance Department shall make determinations as to whether a Member has violated the Independent Member Agreement or the established P&P. Investigation results shall be kept confidential between the accused Member and the Company.
F. Each Member must be self-policing and ensure his/her own strict compliance with established P&P and agreements by being intimately familiar with such P&P and agreements, as well as the rules, laws, statutes, and regulations of the jurisdiction within which the Member operates his/her business. Failure to comply with these P&P may be cause for discipline.
G. Members shall comply with all instructions and information requests from the Company’s Compliance Department in the time and manner designated by the Compliance Department. It is the responsibility of the Member to provide the Company with current and correct contact information, including but not limited to: address(es), mobile and fixed line telephone number(s), fax number(s), website address(es), and e-mail address(es) in order to facilitate prompt communication between the Company and the Member. The Company will not be held responsible for situations arising from communication that is delayed, misdirected, or returned to the Company due to incorrect or outdated information provided by the Member.
H. The Compliance Department shall respond to all questions posed by Members as promptly as possible. Advice rendered by the Compliance Department shall not be construed as legal advice, and the Member should not rely upon the Company, or any of its divisions, to provide legal advice. Members, if they need legal advice, should consult with legal counsel of their choosing.
I. The Company reserves the right to discipline a Member for inappropriate and/or nuisance communications to the Company, Members will not participate in any unlawful practices.
J. Members shall not engage in the practice of generating, replicating, or repeating monthly, annual, or total sales figures of the Company unless such figures are publicly published by the Company.
K. Members who intentionally circumvent P&P to accomplish indirectly what is prohibited directly, will be disciplined as if the applicable policy or rule had been broken directly. At its sole discretion, the Company shall have the right to adjust rewards or status of a Member, and of those in the Member’s Sponsor, who were affected by the violation. None of the P&P herein create third-party rights for any Member as a result of the conduct of any other Members.
8. NO SOLICITATION
In order to avoid conflicts of interest, if a Member elects to participate, or is already participating in another business opportunity, the Member is prohibited from the following:
Any actual or attempted solicitation, whether directly or through a third party, of company Members into other business opportunities, which are in direct competition to the company is strictly prohibited. This includes, but is not limited to presenting or assisting in the presentation of other Business Opportunities to any Company Member, or implicitly or explicitly encouraging any Company Member to join other business ventures. It is the Member’s responsibility to first determine whether a prospect is a Company Member before registering the prospect for another competing business venture.
For a period of twelve (12) months following the cancellation of a Membership Agreement, the former Member may not introduce or solicit any Company Member to other membership based companies which is in direct competition with the company. If this provision is violated, the non-solicitation period will be extended by one year from the date of the last solicitation of a Member. A solicitation may include any direct or indirect attempt to encourage joining or working with other competing membership based companies or communicating information (including emails, online posting through social media, etc.) about other competing business opportunities.
The Members will not distribute, produce or offer any marketing material of a competing business to any company Member. This includes, but is not limited to literature, tapes, promotional material, imagery, banners, etc be it in digital format or other format.
The Members may not engage in selling, offering to sell, or promoting any products or services which are in direct competition with company. It is the Members sole responsibility to verify if a product or service they wish to promote, sell or offer to sell is in direct competition with the company.
E. Offering Company product(s), service(s), or business plan, in conjunction with any non-product(s), services, business plan, opportunity, or incentive not approved by the Company is strictly prohibited.
F. Offering any non-Company product(s), services, business plan, opportunity, or incentive during, or immediately following, any Company meeting, seminar, launch, convention, or other Company function is strictly prohibited.
9. POLICY BREACH AND ACCOUNTABILITY PROCEDURES
A. The Company, in its sole discretion, reserves the exclusive right to suspend, terminate, and/or withhold payment of any rewards to any Member who violates any provision of this P&P, amendments, addendums, or any other violation. The Company may also suspend, terminate and/or revokes any and all rights under the Member Agreement, the PP and Reward Plans and will be effective upon the verification by the Company of said violations.
B. When the Company becomes aware of a breach, or of an alleged breach, one or more of the following procedures may apply during the course of an investigation, without recourse by the Member:
i. Warning: Official commencement of disciplinary procedures. Notice of violation and request to cease non-compliant behaviour provided to the Member. The Member must make corrective changes that comply with these P&P in the time and manner designated by the Compliance Department or additional discipline may result.
ii. Suspension: The Member is prohibited from performing any business transactions, from receiving Rewards and from registering new Members. The Member has thirty (30) days, or less per Compliance Department request, to make corrective changes, and must commit to comply with these P&P.
iv. Termination: The Members account of the violating Member is terminated. Policies and Procedures pertaining to termination and re-application apply. After an account has been terminated, it will be marked as red in the system. After a Member account has been terminated, either voluntarily or involuntarily, the former Member must cease to represent himself/herself as a Member of the Company.
C. The Company reserves the right to charge a fine, as determined by the Compliance Department of not greater than US$250, to a violating Member at any stage of the disciplinary process. The fine will be taken from the Member’s account or billed directly to the Member (payable by any means that the Member has provided to the Company for payment of product(s) or membership. Failure to pay the fine after thirty (30) days may result in the automatic advancement of that Member to a higher disciplinary level.
10. DISPUTE RESOLUTION
A. From time to time, disputes or conflicts may arise between Members pertaining to observance of the P&P. It is important that the dispute between Members be promptly resolved between the Members, without the intervention by the Company, following the procedures described below.
B. Members noticing P&P violations should bring the violation(s) to the attention of the Member alleged to be in violation. If the Members are unable to resolve amicably, they should consult respective Sponsor(s), along with written details of the violation (e.g. dates, witnesses, etc.).
C. If the problem is not solved by the Sponsor(s), or if two (2) disputing parties have different Sponsors, the problem may be referred to the Compliance Department via e-mail or in writing. If the dispute involves the Company as a party, Members shall bring such disagreements to the Company before taking any dispute public through the filing of any action seeking judicial and/or arbitration intervention. It is strictly prohibited to lodge a dispute or disagreement on public facing social media be it in the form of Status Updates, comments, images or video.
D. Upon notice of a violation, the Company may confer with anyone, at any time, concerning any alleged violation of the P&P as may be necessary to conduct an investigation. Upon Company request, a Member must provide all documentation directly related to an alleged violation to the Company. Upon completion of an investigation, the Company may notify the involved Member of a hearing on the issues relating to the alleged violation. Any information ascertained during an investigation or hearing shall be treated as confidential, except in cases where the accused Member has been determined to have violated federal, state, or local statutes. The Company’s failure to request, or initially obtain, documentation does not waive the Company’s rights to obtain such information and/or documentation at a later date. The decision of the Company shall be final and conclusive.
E. Members violating any of the P&P may be required to cancel advertising, destroy unauthorized literature, remove offending signs, disconnect phones with no referral service, and/or any other relevant remedy. Additionally, Member authorization may be cancelled. Violators will be liable to the Company for any damages, including attorney fees, resulting from violations.
A. All information provided by an Applicant on the Member Online Application will be used to create the Member’s account and for other activities of that account holder. This information will not be used for any other purpose.
B. All information held by the Company with reference to the Members is the property of the Company. As such, this information is confidential and proprietary. The Member maintains no rights or ownership with reference to this information and/or data. Members must treat this information as confidential and proprietary to the Company. Improper and unauthorized use of this information by a Member may be cause for termination and/or any other legal remedy available to the Company.
C. By enrolling as a Member, the Applicant authorizes the Company to disclose the provided contact information to his/her Sponsor(s) only. This information will be available for business use only and will not be provided to any other parties, including other Company Members. The Company owns this proprietary information, and it may not be sold, disseminated, or provided to any other parties.
E. You must comply with the data protection legislation in the country, which you reside. If you act as our Data Processor, you will:
(a) Only Process Personal Data in accordance with our explicit instructions;
(b) Take appropriate technical and organizational measures against:
the unauthorised or unlawful processing of Personal Data; and the accidental loss or damage to Personal Data; as necessary to ensure our compliance with the seventh data protection principle of the DPA; and
(c) Notify us immediately if: you suspect any Personal Data Processed under the Agreement has been lost, destroyed or corrupted, or if you suspect any Personal Data has been Processed in breach of the DPA; you become aware of any complaint (or possible complaint) about the Processing of Personal Data under the Agreement; a Data Subject requests disclosure of his or her Personal Data; or
12. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
“Confidential Information” includes any information, which is disclosed to you and marked or described, be it written or verbal, as confidential. Confidential Information also includes any information disclosed to you and which ought to reasonably be treated as being confidential. Know-how, information about the company, data, and software are all examples of Confidential Information. If you are unclear on whether any information disclosed to you is Confidential Information, you should ask the Company whether or not it can be disclosed.
Confidential Information does not include any information, which is publicly available, unless it has become publicly available because you have disclosed it. Confidential Information also does not include any information, which you receive from a third party, unless that third party is breaching an obligation of confidentiality by disclosing it to you.
You must not disclose any Confidential Information to any third parties and you must take all reasonable steps and precautions to prevent disclosure of Confidential Information. You must not use Confidential Information for any purpose other than enjoying your rights or fulfilling your obligations under this Agreement.
The disclosure of Confidential Information may cause the company harm, which cannot be repaired, or may cause the company losses, which cannot be recovered or compensated. Therefore, if the Confidential Information is disclosed in breach of this Agreement, or if disclosure of Confidential Information is threatened, you agree that the company can obtain an injunction against you to prevent disclosure. Our right to an injunction is in addition to any other rights the company may have to protect our Confidential Information. If the court grants us an injunction, you must pay all of the legal costs of applying for the injunction incurred by the company.
13. DEATH OF A MEMBER
A. In the case of a Member’s death, Members rights will be transferred to the legal successor in accordance with the law. The Company requires the valid documentation such as a valid probate or letter of administration to release the Members’ entitlement to his/her legal heirs save and unless the deceased Member nominated a beneficiary before his demise.
CHAPTER II : Member ADVERTISING AND SALES
14. RESTRICTION USE OF THE NAME
A. A Member may not use the name ‘MZ’, ‘Money Zoo’, ‘MoneyZoo.org’ or any confusingly similar Variation in a business name, e-mail address, website domain name or sub-domain name, telephone number, meta tags or in any other way other than in advertising text referring to the Company or to the Product, without prior approval of the Compliance Department.
B. No Member business name may imply that it constitutes a regional or organizational component of the Company.
C. A Member may select a business title. This business title must clearly state that he/she is an Independent Member and may not imply that the Member is an employee or agent of the Company.
15. WEBSITE / SOCIAL MEDIA
If a Member opts to create his/her own website or social media, it must comply in full with the Policy and Procedures (P&P). It is prohibited to use the word ‘MZ’, ‘Money ZOO, MONEYZOO, or similar variation in a domain name. The Compliance Department will not review or approve the contents of a website for adherence to the P&P. Personally-created websites may only be used for marketing purposes.
Website compliance is the responsibility of the Member creating or causing the creation of the website in question. However, the Company does not waive its right to take disciplinary action, and may require the Member to remove any information or marketing website that is in violation before or after the completion of the website in question.
Only Company-issued materials reflect the position of the Company with respect to the uses and benefits of any Company products or services.
Members are prohibited from:
Using any advertisement, or commercial enticement, that is not provided directly by the Company or approved by the Compliance Department. Advertising, bonuses, free product(s), promotions, or any other benefit that is not generally and widely available directly from the Company for all Members and customers.
Members are solely and personally liable for any and all advertising and media they produce in direct contradiction to this prohibition. Members agree to indemnify and hold the Company harmless from any claims made as a result of advertising and promotional materials produced and distributed by the Member. If an advertisement published by a Member contains non-compliant income claims, or non-authorized use of the Company’s trademarks, disciplinary action may be taken against the Member.
Your marketing material will not contain, distribute or promote any information or content which:
A. Infringes any intellectual property rights;
B. We consider to be:
- libellous or defamatory;
- obscene or pornographic;
- violent or bigoted;
- dishonest or fraudulent;
- in violation of any law; or
- otherwise objectionable.
C. We consider to be promoting or condoning any of the items listed in paragraph (B).
You will not use spam to promote the company, including but not limited to:
- Email Spam
- Comment Spam
- Blog Spam
- Social Network Spam
- Forum Spam
- Any other form of unsolicited marketing
D Use any form of
- Computer Viruses, Malware, Spyware, Adware or malicious software code.
- Computer Hacking
Company Logos: Only Company approved logos may be used by the Members. Approved Money Zoo Member logos can be downloaded via the Creatives area in the Affiliate Area. The approved Members logos may not be modified, changed, or altered in content or design. The logos should be placed at the top of, or in a prominent place on, any printed or electronic media published and used by a Member in the promotion of his/her business. The logos may not be used in media and images, which are untrue or misleading. This includes, but is not limited to: websites, flyers, ads, brochures, pamphlets, posters, banners, business cards, stationary, envelopes, letterheads, etc. The Company reserves all rights to revoke or rescind prior approval of the use of the Company’s registered marks and/or usage of its name.
Newspaper: A Member may advertise in newspapers, provided the advertisement conforms to these P&P; however, Members may not use untrue, misleading or dishonest enticements in job postings, management training opportunities, income amounts, salaries, or the like to attract potential new Members.
Phone Directory: Any Member may place a listing of his/her name in the white or yellow pages of the telephone directory followed by “Money Zoo Member”
Sales Tools: A Member may only use sales tools that have been reviewed and approved by the Company. The company has complete discretion whether to approve or reject a proposed sales tool. The company may rescind its prior approval of a sales tool to comply with changing laws and regulations and may require the Member to remove a previously approved sales tool from the market at the Member’s own cost.
Electronic Mail Advertising: All advertisements sent via email, telephone, or facsimile must comply with anti spamming and data protection laws for the state or country where the intended recipient resides. Electronic mail advertisement means any email message, the principle purpose of which is to promote, directly or indirectly, the sale or other distribution of goods or services to the recipient. In every case, Members using e-mail to advertise their business opportunity must send e-mails from a fully functional and recognizable return email address, and must allow anyone to ‘opt-out’ of receiving future e-mails.
17. TRADE SHOWS, EXPOSITIONS AND OTHER SALES FORUMS
Members may display and/or sell Company product(s) at trade shows and professional expositions. Before submitting a deposit to the event promoter, Members must contact Company Compliance Department in writing for conditional approval, as the Company’s policy is to authorize only one Member per event. Final approval will be granted to the first Member who submits an official advertisement of the event, a copy of the contract signed by both the Member and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the Compliance Department. 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 or the Company 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.
CHAPTER III : PROHIBITED BEHAVIOR
18. SOLITATION OF MEMBERS, PRODUCTS OR SERVICES
A. A Member may not solicit or entice any other Member or Members of the public to sell, promote or purchase products or services other than those offered by the Company during the Member’s relationship with the Company and for one year thereafter. To do so constitutes an unwarranted and unreasonable interference with the contractual relationship between the Company and its Members. Members may not sell or promote any directly competing Products or services to the Company Members or Public Members. This includes any product(s) or service(s) in the same generic category as a Company product(s) or services.
B. Members may not promote Company product(s), programs, or opportunities in conjunction with any non-Company product(s), plans, or incentives.
C. Members may not introduce a prospective Member who accompanies another Member to any introductory meeting or function for a minimum of forty-five (45) days after the meeting or until notified of the prospect’s decision not to participate. A Member may not invite another Member or Public Member that is not in the structure of the inviting Member to sales training, or any company function, such as a product seminar.
D. If a Member observes a violation of this policy, the Member must follow the guidelines outlined in Section 11(Dispute Resolution) of these Policies and Procedures.
E. Members are prohibited from enrolling or creating fictitious Free Members or Premium Members in order to achieve a specific rank Qualification or as a placeholder for a future Member.
F. Members who previously, or still, participate in marketing in other companies may yet be subject to that company’s policies and procedures, specifically with regard to recruiting and participating in other programs. As such, Members may be sued or involved in arbitration/ mediation with past or current companies. The Member agrees to defend and hold harmless the Company in all such instances. The Company will not be liable for the defence of Members, their legal fees, or lost incomes, nor will the Company indemnify Members from any such actions or the result of such actions.
19. COMPANY AND PROGRAM CLAIMS
A. Members shall neither misstate nor omit any significant material fact about the Company’s programs, product(s), or organization. Members shall truthfully describe product(s) and programs in discussions with customers, potential customers, other Members, and potential Members.
B. Members are expressly forbidden to state or imply that additional product(s) or services will be added to the product(s) and services currently offered, that enhancements to the Compensation Plan are forthcoming, or that specific areas are about to be added to existing areas of operation unless and/or until the event has been announced by the Company. Doing so is grounds for immediate termination.
C. No government body or any other regulatory body approves or endorses any marketing program; therefore, no Member may ever imply that the promotion, operation, or organization of the Company has been approved, sanctioned, or endorsed by any regulatory authority. Such statement or implication constitutes grounds for termination from the program.
20. PRODUCT CLAIMS
A. Unjustified product claims shall not be made or used to sell and/or promote a product or service. The Member shall not distort or misrepresent any statements about the quality of Company products.
B. These Policies and Procedures regarding limitations on product claims and Member promotional activities are applicable to any form of communication, whether in print, by video, or through any form of communication facilitated by, or occurring in, any social or networking media such as Twitter, Facebook, YouTube, and the like. Members should use the utmost care when utilizing social media to assure compliance with these P&P. A Member’s failure to use social media lawfully to advertise Company product(s) or Services may be cause for discipline or termination.
C. Third party information. Members may not combine Company-produced information with information provided by outside sources. This prohibition is specifically meant to prevent the Company’s product(s) from being inappropriately labelled and to avoid any other violations of law. Members may not modify or otherwise change the trademark branding of the Company product(s). Members may reference third-party literature in the sale of Company product(s) if the literature complies with the following guidelines:
i. The third-party literature is reprinted in its entirety
ii. It is not false or misleading.
iii. The information does not promote a specific brand or manufacturer.
iv. It is presented with other materials to present a balanced view.
v. The materials are physically separate from the Company’s product(s).
vi. The literature does not have appended to it any information by sticker or any other method.
21. INCOME CLAIMS
A. Members acting as a sponsor are duty bound to inform prospective Member that:
i. Membership fee is exclusively to be granted access to the Company Training in the Courses section, and for Premium Membership Access to the members area.
ii. Members are not guaranteed a specific income, success or level of profit by any of our courses nor third party programs linked out to from our website.
iii. Success as an affiliate is based upon the effort, hard work, dedication, personal sales, sale of Commissionable membership(s), and use of time and resources of the Member.
B. Members shall not make untrue, deceptive, misleading, or exaggerated claims about the Company’s Rewards Plan or Member income potential. If income examples, extrapolations, or geometric progression are used to project earnings, growth, or success, the actual, documented current average income of all Company Members at all levels shall be stated. Members may not use their own income, or the incomes of other Members, as an indication of the success a prospective Member may have. Any Member representation that does not comply with this policy will result in disciplinary action by the Company.
C. Members shall not use his income records as a means to procure new Members.
A. Members will not use the marks, product(s), programs, trademarks, copyrighted materials, confusingly similar marks or any other materials produced by the Company in a manner that is likely to cause confusion, mistake, or deception as to the source of the product(s). The Company’s trademarks include the following logos, terms, and marks, which are the sole property of the Company, and must be accompanied by the appropriate trademark (TM) or (R) identifiers when used in any type of printed or electronic media: ‘Money Zoo’, ‘MoneyZoo’, ‘…because it’s a jungle out there’ and any other trademarks and registered trademarks of the Company. The Member only needs to mark the trademarked term the first time the trademarked term is used in the body of the text on each page of the printed or electronic advertisement.
B. Members are not authorized to use the Company’s marks or proprietary information on advertising material beyond those specifically designed and authorized by the Company for the purpose of Member advertising. Any unauthorized usage of the Company’s marks or proprietary information may be cause for disciplinary action pursuant to these P&P.
C. The word ‘Money Zoo’ or ‘MoneyZoo’ may not be used in Independent Member website names, Unified Resource Locators (URLs), e-mail addresses, or business names.
D. Members shall not re-label, alter, or modify any Company product(s), except in materials produced and/or approved by the Company in writing.
E. A Member who develops, and/or uses materials of any kind, that uses or describes Company names, product(s), programs, trademarks, etc., in any way that does not comply with these P&P will be subject to disciplinary action.
F. All Company literature, images and programs are copyrighted by the Company and may not be duplicated without written consent of the Company. The Company will terminate any Member found to be making and/or distributing unauthorized copies of literature or programs that violate the Member Agreement.
G. Immediately upon expiration, termination, or cancellation of a Member account, the affected Member will remove and discontinue the use of, and will not thereafter use names, marks, signs, labels, stationery, advertising, and reading material referring or related to any Company product(s).
H. Members will not directly, or indirectly, use the names, marks, logos, catchphrases, slogans, products, programs, trademarks, copyrighted materials, or any other materials produced by other third party entity or company in a manner that is likely to cause confusion, mistake, or deception regarding the third-party entity’s relationship with the Company or its support of any of Company’s products or services or lack thereof. Members are personally liable for any and all advertising and media they produce in direct contradiction to this prohibition. Members further agree to indemnify and hold the Company harmless from any actions made in contraction to this prohibition. If any advertisement or commercial enticement made by the Member is made in direct contradiction to this prohibition, disciplinary action may be taken against the Member.
23. UNAUTHORIZED INTERNATIONAL AND/OR TERRITORIAL EXPANSION
A Member has no authority to take any steps in any country, or other political jurisdiction, to introduce or further the Company’s business. This includes, but is not limited to: any attempt to register or reserve Company names, website URL’s including misspellings or domain names containing a combination of the company name and another word, trademarks, or trade names; to secure approval for Products or business practices; or to establish business or governmental contacts of any kind in the Company’s behalf. A Member agrees to indemnify the Company for all costs and attorney’s fees incurred by the Company for any remedial action needed to exonerate the Company. The Member agrees to immediately assign any registration of Company names, trademarks, trade names, URL’s or products registered or reserved in violation of this section to the Company without reimbursement by the Company of any costs you incurred. The provisions of this section survive the termination of the Contract.
Members are only authorized to sell Company product(s) and services, and to participate in the Affiliate Program in locations where the Company has given prior written approval.
There are no exclusive territories specifically designated to Members to sell product(s) or services to other Members. No Member may profess that such territories exist. No Member may allege or imply that they have a unique relationship with, advantage with, or access to the Company executives or employees that other Members do not have.
24. UNAUTHORIZED CONTRACTS OR PAYMENTS
A. Each Independent Member is intended to be solely built and operated by the individual who applied to become an Independent Member. No Independent Member shall request or require any payments or contracts from another Member to perform services that might be reasonably construed as promoting or building that Independent Member’s business on his/her behalf.
25. THIRD PARTY CONTRACTS AND PROGRAMS
A. A Member may not solicit, entice, or enter into a third party relationship or contract on behalf of the Company.
The Agreement will be interpreted so as to give effect to the intention of the parties and the spirit of the Agreement when taken as a whole.
In this Agreement, where any items are listed or given as examples, the list and examples are not definitive. Therefore, items similar to the listed items or examples may also be included. Where the term “Money Zoo” “MoneyZoo”, “we” and “us” is used, it means The Company. Where we use the singular tense in this Agreement, we are also referring to the plural tense (and vice versa). When we refer to an individual, we are also referring to companies and other incorporations.
This Agreement is personal to you. You may not assign or transfer any of your rights or obligations unless the Company agrees in writing. The Company can assign or transfer any of our rights or obligations as long as we give you notice.
If you ever owe us money, the Company can deduct that money from any rewards we owe you.
Neither party will be liable under the Agreement if it is prevented from performing its obligations by anything beyond its reasonable control.
This Agreement will not constitute a partnership or joint venture of any kind between you and us, nor will it constitute any party the agent of another party for any purpose. You have no authority to bind us and we have no authority to bind you.
Third parties don’t have any rights under this Agreement.
The Agreement is the whole agreement between you and us. Any older agreements between you and the Company relating to this subject matter are replaced by this agreement. Any terms or representations, which are not included in this Agreement is not enforceable, but we are not limiting our liability for fraud or fraudulent misrepresentation.
You and the Company irrevocably agree that the courts of Singapore will have exclusive jurisdiction to settle any dispute that arises out of this Agreement. The Agreement and any disputes arising out of it shall be governed by the law of Singapore.
STANDARDS OF CONDUCT
In providing high quality products and developing strong corporate leadership and organization, the secret to success as a Member lies in a Member’s ability to build and maintain positive business relationships. The Company strongly encourages all Members to observe the highest standards of conduct in their relations with other Members, prospective Members and public Members, Members of other direct sales companies, and within the business world at large. These standards could include, but are not limited to, the following Standards of Conduct:
- I will strive to follow the spirit, as well as the letter, of the Company Policy & Procedures.
- I am familiar with the rules, regulations, and laws of the jurisdiction within which I operate my business and will comply with such rules, regulations, and laws.
- I will strive to conduct my business affairs in a way that will contribute to a positive experience for other Members, prospective Members, the Company, and myself.
- I will truthfully identify myself, the Company, the products and services, and the purposes of any solicitation to all prospective Members. Contact with the prospective Members will be made in a reasonable manner, and during reasonable hours, so as to avoid intrusiveness. I will immediately discontinue a sales presentation upon the request of the prospective Member.
- I will offer product(s) & service(s) for sale in an accurate and truthful manner as to price, grade, quality, make, value, performance, quantity, currency, and availability.
- I will not require or encourage an Independent Member or customer to purchase product(s) or services in any amount that unreasonably exceeds that which can be expected to be resold and/or consumed within a reasonable period of time.
- I will strive to make service the key principle of my business.
- I will strive to provide reasonable support, when it is requested, to the Members I sponsor, realizing that my success is directly related to my ability to sell products and services and to help others to do the same.
- I will strive to safeguard and protect the reputation of the Company and its products. I will refrain from all conduct which might be harmful to the reputation of the Company and its products or services or will damage the ability of others to participate in the business opportunity.