| STATEMENT OF POLICIES
AND PROCEDURES
TABLE OF CONTENTS
Section 1
Introduction - Code of Conduct
1.Member Obligations
2.gibLink Inc. Obligations
Section 2
Administrative Policies
1.Becoming a Member
2.Restrictions on Becoming a Member
3.Annual Renewal
4.Independent Status
5.Subscription Renewal
6.Privacy Policy
Section 3
Independent Member & Sponsoring Policies
1.Member Policies
2.Sponsoring Policy
3.Sponsor’s Responsibility
4.Sponsorship Transfer
5.Cross-Sponsoring
6.International Sponsoring and Territories
7.Member List
8.Lead Distribution Policy
9.Sale, Transfer, or Assignment of Business
10.Inheritance
11.Voluntary Cancellation of a Membership
12.Income Taxes
Section 4
Bonus and Compensation Policies
1.Payment of Commissions / Bonuses
2.Outstanding Accounts by Member
Section 5
Purchasing and Ordering Policies
1.Member Refund Policy
2.Declined Credit Cards
3.Forms of Payment
4.Membership Renewals
Section 6
Members General Business Ethics
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Section 7
Marketing Policies and Advertising
1.Regulatory Approval
2.Claims or Representation by Members
3.Logos, Trademarks, and other Intellectual Property
4.Trademarks
5.Copyrights
6.Use of Authorized Promotional Materials
7.Signage
8.Advertising
9.Radio and Television
10.Newspaper
11.Internet
12.Telephone Listing
13.Receiving telephone Calls
14.Unsolicited Fax and Phone Blasts
15.Spamming
16.Business Cards and Stationary
17.Direct response
18.eBay
19.Telemarketing
20.Media Inquiries
21.Business Names
22.Conduct at Business Presentations and Training
Sessions
23.Product/Services Claims
24.Inducement to Prospects
25.Alien Materials or Products
Section 8
Use of Internet
Section 9
Sales Aids
Section 10
Miscellaneous Policies
1.Contact between Members and Employees
2.Member Violations
3.Abusive or Obscene Content
4.Abusive or Obscene Speech and Conduct
5.Disciplinary Action
6.Indemnity
7.Change of Address Notification
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Section 1
Introduction – Code of
Conduct
gibLink Inc. (“the Company”)
and each of its Members agree to conduct their business according
to the following Code of Conduct. This Code ensures high standards
of integrity and professionalism throughout the network and
protects the business image of both the Member and the Company.
1. Member Obligations
a) Members will conduct themselves in
an ethical and professional manner.
b) Deal with customers, other Members and the Company, with
the highest standards of honesty, integrity, and fairness.
c) Present the Company’s Revenue Sharing Plan realistically
and without exaggeration to any prospective Members.
d) The Member shall make it clear that the Company’s
marketing program is based on the retail sale of the Company’s
products and services, and that Members will not be successful
merely by sponsoring other Members without the emphasis
on retail sales.
e) Comply with applicable consumer protection laws and regulations
concerning the sale of the Company’s products and
services.
f) Make no misleading sales claims or guarantees concerning
the Company’s products, Services and Revenue Share
Plan.
g) Take responsibility for the training of those Members
in their personal organizations, whether personally referred
or not.
h) Wear appropriate business attire (and encourage guests
to do the same) when attending business presentations, to
further enhance the Company’s and their own professional
public image.
2. gibLink Inc. Obligations
a) Conduct itself in an ethical and expert manner.
b) Manage the policies and procedures of the company reasonably,
without injustice or errand.
c) Make available quality products and/or services to the
Member in a judicious method.
d) Make available quality support resources to aid in the
retail sale of products and/or services and the sponsoring
of other Members.
e) Make compensation payments to qualified Members in accordance
with the Company Revenue Sharing Plan presently in existence.
gibLink Inc. will not:
a) Assure success in gibLink Inc.
b) Tolerate deceptive product and service claims.
c) Recommend or advise members on their personal account
management.
Section 2
ADMINISTRATIVE POLICIES
1. Becoming a gibLink Inc. Member
a) Any person or entity may become a Member
by completing online Member Application and an Agreement
Form and submitting $29.95 US for the Annual Administrative
Fee. The Annual Fee covers twelve (12) months administration
fee and Standard Back Office. No other purchases are required;
product and service purchases are optional. The Application
becomes binding upon approval by the Company at its Corporate
Office. The Company reserves the exclusive right to accept
or reject anyone as a Member. If an individual is rejected
by the Company notification of such rejection will be notified
within ten (10) days from the date the Application was received
at the Company Corporate Office.
b) Online Application received without the appropriate payment
for the gibLink Inc. subscription and services will not
be activated until the correct payment has been received.
c) For a corporation or partnership, the following requirements
must be met:
I. US Corporation or partnership must provide
the Company with a Federal Employer’s Identification
Number (FIN). If the corporation or partnership does not
have a Federal ID Number, the Social Security Number (SSN)
of the contact person should be used.
II. International applicant must provide a valid Passport
or a Drivers License number.
Any change to an Application must be notified to the Corporate
Office.
2. Restrictions on becoming a gibLink Inc.
Member
a) An Applicant must be of legal age in their
state/province/country of residence to enter into this binding
contract and a member is not barred from receiving the services
offered under the jurisdiction of the laws of the United
States or other applicable jurisdiction. An applicant agrees
that the information provided is accurate, truthful, and
current; and will maintain and update information as changes
take place; otherwise, the Company has the right to terminate
and or suspend your account and refuse any use of the company’s
services.
b) International Member may only have one Membership per
household and must provide a Drivers license or Passport
number on their application for proper identification. Individual
rent-paying tenants in the same building or residence are
not considered a household. Roommates are not considered
a household.
c) US Members may not have a simultaneous interest in more
than two Memberships in the same household, one as an individual
(Social Security Number) and one as a partnership or corporation
(Federal ID Number). The second position must have a separate
Social Security or Tax Identification number and it may
be in the name of a spouse or bona fide business entity,
but no HOUSEHOLD may have more than two positions.
d) Member located in the U.S.A. and/or of U.S. citizenship
will not be able to receive Revenue Share from the Company
until the Member has provided the Company with their tax
identification number (Social Security or EIN) for U.S.
tax reporting purposes. Revenue Share will not be released
to the Member until this information has been received by
the Company. A Member providing misleading or improper tax
information will be considered grounds for termination.
e) A Member who has engaged in Company Business Activity
may not at any time acquire an interest in or merge with
a pre-existing Membership under a different Sponsor.
f) A Member may not have or acquire a present or future
ownership interest in or establish another Membership in
the name of a family member or an unrelated individual.
g) A Member may not encourage, entice, or otherwise assist
another Member to transfer to a different Sponsor. This
includes, but is not limited to, offering financial or other
tangible incentives for another Member to terminate an existing
Membership and then re-sign under a different Sponsor.
Any Member found to be violating these policies
will be terminated immediately and will forfeit any and all
Revenue Share due them. No exceptions will be made regarding
these terms.
3. Annual Renewal
a)The Member Agreement expires annually
on the last day of the month in which a person became an
Member. Member will be notified electronically of the renewal
date, to the email address on file and control panel with
the Company, at least thirty (30) days prior to the expiration
date. Member must apply to renew and remit payment of the
Annual Renewal Fee $29.95 US. The renewal fee covers twelve
(12) months administration fee and Standard Back Office.
b)Failure to renew the Administrative Fee will mean the
loss of all Member rights, removal from the marketing structure,
forfeiture of future Commissions/Bonuses, and the loss of
their sales organization. A Membership that is cancelled
because of non-renewal may re-apply after 6 months, but
must begin at the entry level without their previous organization.
The responsibility for timely annual renewal rests with
the Member. During the time between cancellation, and re-application,
the cancelled Member is prohibited from, actively or passively,
participating in any of the Company Membership or attending
any of the Company public meetings.
4. Independent Status
Members connected with gibLink Inc. are
independent contractors only. If members do any business,
they are responsible for conducting and managing their own
business activities without company control or direction
and are not an agent, employee, or legal representative
of the company. Members are not authorized to incur any
debt, expense, or obligation on behalf of or for gibLink
Inc. nor bind gibLink Inc. to any agreement or contract.
Independent contractors have the following
responsibilities:
a) Abide by all laws, rules, and regulations pertaining
to the acquirement, receipt, holding, selling, distribution,
and advertising of gibLink Inc. products, services, and
business opportunity.
b) Be solely answerable for declaration and payment of any
associated taxes or fees.
c) Supply any equipment and tools necessary for operating
their business, such as telephone, computers, transportation,
professional services, and office supplies.
d) Provide his/her own place of business and determine his/her
own work hours.
5. Subscription Renewal
A Member’s subscription to the Service
will be automatically renewed as stated below upon expiration
of the 90 days or monthly renewal schedule selected upon
the initial registration day by the member unless you notify
gibLink Inc. via our online Help Desk Service Area. Membership
fees to gibLink Inc. are prominently displayed in the registration
form. You agree to pay all membership fees when due according
to these billing terms. GIBLINK INC. USE AN AUTOMATIC REBILL
CYCLE ACCORDING TO YOUR SELECTED PAYMENT OPTION.
Failure to renew will mean the loss of
all Member rights, removal from the marketing structure,
forfeiture of future Commissions/Bonuses, and the loss of
sales organization. A Membership that is cancelled because
of non-renewal may re-apply within 30 days grace period.
The responsibility for timely subscription renewal rests
with each Member.
6. Privacy Policy
Members must follow Federal government
regulations that are enacted for Personal Information Protection
and Electronic Documents Act (PIPEDA). The purpose of such
laws is to keep personal information confidential and secure.
(See Privacy Policies)
Section 3
Independent Member and Sponsoring
Policies
1. Member Policy
a) A Member is not an agent, employee,
partner, or joint venturer with the Company. A Member is
prohibited from representing himself as such.
b) A Member must represent the products, services, and opportunity
ethically and professionally.
c) No representation or sales offers may be made relating
to products and services which are not accurate and truthful
as to price, grade, quality, performance, and availability.
d) No income guarantees of any kind may be made.
e) A Member may not solicit or entice any other Member whom
he/she did not personally sponsor to sell or purchase products
or services other than those offered by the Company. To
do so constitutes an unwarranted and unreasonable interference
with the contractual relationship between the Company and
its Members. The Member agrees that a violation of this
rule inflicts irreparable harm on the Company and agrees
that injunctive relief is an appropriate remedy to prevent
that harm.
f) A Member is responsible for his own business decisions
and expenditures.
g) A Member must comply fully with the “Terms of Service”
of the contract.
h) A Member is personally responsible for compliance with
all federal, provincial, state, and local laws and regulations.
2. Sponsoring Policy
Every Member must have a sponsor. Occasionally,
more than one person may contact the same prospect and questions
may arise as to who has sponsoring rights for that prospect.
It is an unwritten courtesy that the prospective Member will
generally be sponsored by the first Member, who presented
him/her/them with the complete business opportunity; however,
each new Member has the right to choose his/her own sponsor.
a) The Company will not arbitrate disputes
between Members and prospects and will recognize as the
sponsor, the individual whose name appears on the Application
first received and accepted by the Corporate Office.
b) Member shall not unduly influence, or in any way entice
prospects with unreasonable or embellished representations
as to possible income or business development.
3. Sponsor’s Responsibilities
All new Members have the right to receive
training without cost and support from their sponsor.
a )A Sponsor is expected to provide information on how to
obtain Company-approved literature, websites, and to give
basic schooling to their newly sponsored Members.
b )Member who sponsors another Member must fulfill the responsibility
of performing a legitimate supervisory function in the training
of those sponsored Members.
c) A Sponsor must have continuing contact, communication,
and management supervision with his/her sales organization.
Examples of such supervision may include, but are not limited
to newsletters, written correspondence, personal meetings,
telephone contact, and voice mail, e-mail, training sessions
and sharing all Company information.
d) A Sponsor should exercise his/her best efforts to ensure
that all Independent Members in his/her Organization properly
understand and comply with the “Terms of Service”
of the Agreement.
e) Members should be able to provide confirmation to the
Company semi-annually regarding fulfillment of those responsibilities
should the need arise. Failure to meet the terms could result
in the cancellation of the offending Membership.
4. Sponsorship Transfers
Maintaining the uprightness of the organization
is vital to success. The shifting of sponsors is not allowed
once a gibLink Inc. Member is sponsored. gibLink Inc. believes
in protecting that relationship, except in the case of a
gibLink Inc. Member using unscrupulous means to sponsor
someone.
5. Cross-Sponsoring
A Company Member may not launch another
network marketing or multi-level opportunity to any Company
Member that the Member did not personally sponsor. A breach
of this proviso will mean the instant cancellation and termination
of the offending Membership.
6. International Sponsoring & Territories
There is no exclusive territory assignment.
Members have the right to function anywhere within the areas
of operation prescribed by the Company.
7. Member Lists
Member lineage lists are confidential
and the right of ownership and or property of the Company.
The Company has compiled and presently maintains Member
lists through the outlay of significant time, effort, and
financial capital. Member lists, in their past, present
and future forms, constitute commercially valuable proprietary
assets and trade secrets of the Company, which the Company’s
employees have agreed to hold as confidential.
The Member lineage lists remain, at all
times, the private property of the Company, which may, at
any time and at the Company’s sole prudence, reclaim
and take ownership of the lists. Accordingly, each recipient
agrees:
a) To hold confidential and not disclose
any Member lists or portion thereof to any third person,
including, but not limited to, other existing Members, competitors
and/or the general public.
b) To limit use of the lists to their
intended scope of furthering the Member’s Company-correlated
business.
c) That any intended or unintentional
use or exposé of the lists outside of those sanctioned
herein, or for the benefit of any third person, constitutes
mishandling and the misappropriation, which causes irreparable
damage and monetary loss to the Company.
d) That upon any violation under this
Section the Company will seek appropriate injunctive reprieve
and compensation against the offending Member.
e) That the obligations under this Section
will continue to exist resulting in the cancellation of
the recipient’s Member Agreement.
The Company reserves the right to pursue
all suitable remedies under pertinent international, national
or local laws to protect their rights to the above stated
proprietary and trade secret Member lists; any failure to
pursue such remedies will not comprise a waiver of those
rights.
8. Lead Distribution Policy
a. Members should carefully consider whether
to organize a large lead generation campaign or in an informal
way collect leads one at a time. If a Member emails, mails
or distributes literature or promotional material, they
should always include their name, address and/or telephone
number on the literature or promotional material.
b. Members must abide by regulations set
out by the United States Federal Trade Commission (FTC)
Act regarding Spam and business practices. Violation of
these policies may result in disciplinary measures. (See
“Terms of Service” (TOS) for details.)
c. From time to time the Company could
receive inquiries from the public about its products and
opportunity. When this occurs, the Company tries to determine
whether the contact with the Company began with the hard
work of a Member. If so, the interested party will be referred
back to that Member. Leads linking people who have simply
heard of the Company without any discoverable contact by
an existing Member will be assigned, on a rotating basis,
to an active Member who has established leadership and training
capabilities, and who lives in the same geographical area.
However, the Company may use its sole diplomacy in making
such assignments.
9. Sale, Transfer, or Assignment of Business
A Member may not sell, assign, or transfer
their Membership without the prior approval of the Company.
Any attempted sale, assignment, or delegation without such
approval shall be voided by the Company. If the assignment
procedures are properly followed, the Company may not unduly
deny an assignment of a Membership, provided the assignee
completes a current Application, and possesses reasonable
ability to satisfactorily perform the obligations of a Member.
When transfers are requested the same
policies and rules will apply as in the section 2. Restrictions
on becoming a Member on page 3.
a) Members should consult a legal representative
to ensure that the sale conforms to all applicable laws
and regulations.
b) The seller must provide to the anticipated
buyer, in writing, details of the membership’s last
six (6) months activity.
c) The Company reserves the right to evaluate
all terms of sale and may insist upon supplementary terms
and conditions before endorsement of any planned sale.
d) If it is determined, at the Company’s
sole discretion, that a Membership was transferred to outwit
compliance with the Member Agreement, the Policies and Procedures
or the Revenue Sharing Plan, the transfer shall be declared
null and void. The Membership shall revert to the transferring
Member, who shall be treated as if the transfer had never
occurred from the reversion date forward. If necessary,
and at the Company’s sole discretion, appropriate
action (including termination of the offending Membership)
may be taken, to guarantee compliance with the Member Agreement
and the Policies and Procedures.
10. Inheritance
Upon the death or incapacity of a Member,
the Membership position and all rights pass to the lawful
successor. The Company may require legal credentials before
the transfer can become effective. The successor must provide
the following: (1) an original death certificate; (2) a
notarized copy of the will or last testament establishing
the successor’s right to the Membership’s business;
(3) complete a Member agreement executed by a trustee.
11. Voluntary Cancellation of a Membership
Member may at anytime cancel their Membership
for any reason by submitting a signed resignation letter
to the Company and their sponsor.
a) The canceling Member will be eligible
to re-apply again after six (6) months after canceling his/her
Membership before reapplying to become Member under a different
Sponsor, and must begin by purchasing gibLine subscription
and services, completing online Member Application and Agreement
Form.
b) The Application becomes binding upon
acceptance by the Company at its Corporate Office. The Company
reserves the exclusive right to accept or reject anyone
as a Member. If an individual is rejected by the Company,
notification of such rejection will be notified within ten
(10) days from the date the Application was received at
the Company Corporate Office.
c) Any involvement in the marketing of
the Company’s products before the new Application
has been accepted, will be cause for denying them re-entry
into the program.
12. Income Taxes
Members are independent contractors for
federal and state income tax purposes and do not have income
taxes withheld from commissions. Members are responsible
for reporting and paying income taxes to local, provincial,
state, and federal authorities. The Company will provide
Members in the USA with a 1099 and will forward a copy of
this form to the IRS in accordance with federal laws. A
Member providing misleading or improper tax information
will be considered grounds for termination. The Company
is not required to provide any forms to International Members;
they are responsible for reporting and paying income taxes
in their own country.
Section 4
Bonus and Compensation Policies
1. Payment of Commissions/Bonuses
a) A minimum of $25 total is needed to
include Member in the pay cycle. Any bonuses for $25.00
or less will be held and added to the next pay cycle. Combined
earnings of $25 in all categories of revenue sharing, will
include Member in a pay run.
b) Commissions for all activity are paid
2 weeks after the close out of the pay cycle. This allows
the Commission Department time to validate the pay run prior
to crediting pay to your GMC account. The gibLink Inc. has
the right to recover any overpayment of commissions.
c) Supplementary commission pay runs are
processed first week of each month.
2. Outstanding Accounts by Members
The Company has the right to set off any
monies owed by the Member against commissions and bonuses.
If more than one person is listed on the agreement, all
persons will be held jointly and severally liable for the
outstanding amount. Interest of 1.5% per month will be charged
on all overdue accounts.
Section 5
Purchasing and Ordering Policies
1. Member Refund Policy
The Company is dedicated to Member satisfaction
on all of its products, and backs them with a ten (10) day
100% Money Back Guarantee. You accept that you have ten
(10) days from your purchase date to review services and
to request a full refund if you are not absolutely satisfied.
After expiration of the ten (10) day review period, you
accept and agree to abide by gibLink Inc’s. "no
refund policy.”
2. Declined Credit Cards
Rejected payments commit a breach of the
agreement. It is the responsibility of the Member to keep
payments current and up to date. Declined credit cards and
or insufficient funds or any returned payments will result
in cancellation of the agreement with gibLink Inc. and result
in loss of earnings. Member has thirty (30) days in which
to bring membership up to date. No commissions or bonuses
will be paid to the delinquent Member during this period
of the breach of agreement.
3. Forms of Payment
The Company will accept the following forms
of payment:
Visa, MasterCard, AMX, Discover and GMC.
4. Membership and Subscription Renewals
Failure to renew one’s membership,
means that a Member loses his/her rights as a Member, and
forfeits his/her rights to future and commissions/bonuses
and his/her rights to Member structures within his/her organization.
Pending commissions will be paid through normal methods
(GMC) after thirty (30) days of the cancellation. A Membership
that is cancelled because of non-renewal may be re-applied
for within thirty (30) days grace period.
5. Membership and Subscription Cancellation
A Member may cancel their Membership and
Subscription by two methods:
a) through the back office or
b) by submitting cancellation through
help desk
The cancellation must be submitted five
(5) days prior the subscription renewal.
Section 6
Members General Business Ethics
1. Each Member agrees that he will not make any misleading,
unfair, inaccurate, or disparaging comparisons, claims,
representations, or statements about other companies (including
competitors); their products; or their commercial activities.
2. A Member agrees that he/she has no authority
to take any steps in any country or other political jurisdiction
to introduce or further the Company’s business.
a) This includes, but is not limited
to, any attempt to register or reserve Company names,
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.
b) 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 in the event the Member improperly acts on behalf
of the Company.
c)The Member agrees to immediately assign
any registration of Company names, trademarks, or trade
names registered or reserved in violation of this Section
to the Company. The provisions of this Section survive
the termination of the Agreement.
Section 7
Marketing Policies and Advertising
1. Regulatory Approval
No government body, agency, or authority
approves or endorses any marketing program.
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 terminating the offending
Membership.
2. Claims or Representations by Members
a) Member must represent the gibLink Inc.
and opportunity ethically and fairly.
b) Members shall not make any claim regarding
the Company’s products and services or the Revenue
Sharing Plan, nor guarantee any specific income nor assure
any level of sales, profit, which have not been made in
official gibLink Inc. literature.
c) Members are expressly forbidden from
implying that additional products or services will be added
to the Company program or that enhancements to the Revenue
Sharing Plan are forthcoming.
d) No misleading or unrealistic earning
claims may be made. No income guarantees of any kind may
be made.
e) Exhibiting actual or facsimile (fax)
or Website Commission checks or statements are prohibited.
f) No hypothetical examples of what is
mathematically possible, nor income representation, projections
or potentials may be used in any Business Presentation without
the appropriate Income Disclaimer.
g) Members shall avoid any suggestion that
it is easy to attain high-income levels, and shall always
explain that each individual’s success depends solely
upon the level of effort expended and their personal commitments
to the Company program.
h) Member shall make it clear that the
Revenue Sharing Plan is based upon retail sales of the Company’s
services and products, and that no compensation is available
from the Revenue Sharing Plan or otherwise merely from the
sponsorship of other Members.
i) Retail selling is a requirement in this
marketing program, and must be emphasized in all sponsoring
presentations.
3. Logos, Trademarks, and other Intellectual
Property of the Company
a. In order to maintain the integrity
and accuracy of the Company’s image, rigorous requirements,
and guidelines governing advertising and promotion by Members
must be imposed. Misuse of the Company name, logo, trademarks,
its products, or other intellectual property, diminishes
the goodwill of the Company and affects all Members and
may result in the termination of the offending Membership.
b. Sponsors must ensure that each Member
has adequate training and will not consciously violate these
policies.
4. Trademarks
a) Member may not use any of the Company’s
trade names, trademarks, service marks, product names, logos
or other intangible commercial assets, registered or otherwise,
in any form of advertising or promotion without the express
written consent of the Company. Each Member agrees that
any such use in violation of these provisions constitutes
a breach of the Agreement and causes irreparable harm to
the Company.
b) The Company reserves the right to prohibit
any advertising or promotion and to pursue all appropriate
remedies under applicable laws and its Agreement with Members
which may result in immediate termination of one’s
Membership and legal action.
5. Copyrights
The Company reserves the ownership rights
to contents of all Company published materials and all Company-sponsored
training sessions. Any use or reproduction by any means
requires prior written approval from the Company.
6. Use of Authorized Promotional Materials
a) Only those materials, which have been
made available directly by the Company, are allowed for
promotional purposes. The Company will produce and offer
for sale, at a reasonable price, the materials necessary
to build a Member’s business.
b) No reproduction, personalization, or
alteration of any of these Company materials is allowed
in any form. Any violation of this rule will lead to the
termination of the offending Membership.
7. Signage
Company logos, names or those of its products/services
may not be used or displayed on any apartment building,
house, office, workplace, storefront, or other physical
premises.
8. Advertising
Members shall not advertise the Company
products in any way other than by the use of advertising
or promotional materials made available to the Member by
the Company with the exception of “blind advertisements”
where no reference is made to the Company name or product
names. Members are prohibited from using the Company trade
names or logos in advertising in a manner that would suggest
or imply that they are employed by or are agents of the
Company. All advertisements must provide the name of a qualified
Member only.
9. Radio & Television Advertising
When participating in radio or television
advertising, in addition to adhering to the advertising
guidelines, it must follow a pre-approved advertisement
script. There cannot be a question and answer session or
any similar format where non-approved information can be
relayed. Likewise, if a member receives any inquiries from
the media pertaining to gibLink Inc’s. Revenue Sharing
Plan or services, that member must refer the media representative
to the gibLink Inc. corporate office.
For a radio or television ad, the following
statement would need to be stated on the advertisement:
“This advertisement has been paid and produced by
(name), gibLink Inc’s. “Independent Member.””
Members are expected to follow the marketing guidelines
as to what can and cannot be said about gibLink Inc’s.
services and/or business opportunity.
10. Newspaper
The only ads allowed in newspaper advertisements,
must be “blind.” Only generic business opportunity
advertisements may be placed. For example, a print ad could
end with the statement, “For details, call Jim Rich
at (719) 555-1234,” but it could not say, “For
details, call Jim Rich, “Independent Member”
of the gibLink Inc. at (719) 555-1234.” The latter
statement is prohibited because it uses the Company’s
name (which makes the ad no longer “blind”).
11. Internet
gibLink Inc’s. Members may use the
Internet to promote the gibLink Inc. opportunity and products
by creating a web page, home page, or website which may
result in interstate data transmissions but subject to gibLink
Inc. guidelines. Members must comply with all valid laws
regarding online conduct and content regarding the transmission
of technological data being exported which must be up to
standard to the laws which govern in that community, state,
province, or country. Advertising on the Internet using
the Company’s trade names or logos is strictly prohibited.
Members must abide by regulations set out by the United
States Federal Trade Commission (FTC) Act regarding Spam
and business practices. Violation of these policies may
result in disciplinary measures. (See “Terms of Service”
(TOS) for details.)
12. Telephone Listing
Telephone book advertising is prohibited.
Members may not be listed in telephone directory white or
yellow pages. No Member may contract for a display-type
ad in any telephone directory. Members may not list their
telephone number with the telephone company as “the
Company” or in any way cause the local directory assistance
operators to refer callers searching for the Company Corporate
Office or any satellite office thereof to their number.
In the event a Member receives a call meant for gibLink
Inc., the Member should refer the caller to gibLink’s
Inc’s. Corporate Office.
13. Receiving Telephone Calls
All Members are independent contractors
and prohibited from answering the telephone and/or using
any answering message device that would in any way mislead
or give a caller the impression that he/she has reached
the Corporate Office of “the Company.”
14. Unsolicited Fax and Phone Blasts
Soliciting anyone for product sales, business
opportunities, or other marketing ventures by e-mail, fax,
website or phone blasts without their prior consent or request
is prohibited. Violation of this policy will result in disciplinary
measures.
15. Spamming
Spam is defined as an unsolicited email
or electronic message; often of a commercial nature that
is sent indiscriminately to multiple mailing lists, individuals,
or newsgroups. Spamming to Internet users is prohibited.
Members must abide by regulations set out by the United
States Federal Trade Commission (FTC) Act regarding Spam
and business practices. Violation of these policies may
result in disciplinary measures. (See “Terms of Service
“(TOS) for details.)
16. Business Cards and Stationery
Member may order business cards and stationery
from any printer. Only an authorized format, of the Company
logo, may be used along with individual name, followed by
”Independent Member”, address, and telephone/fax
and e-mail numbers on his/her business card and stationery.
17. Direct Response
The Company does not allow direct response
sales fulfillment of its products and services through print,
radio, television, direct mail, mail order forms, brochures,
catalogs, annual directories, or any other type of unsolicited
promotion or advertising. All sales must be completed on
a person-to-person basis. Direct response is allowed for
Member recruitment only.
18. eBay
gibLink Inc. Members may not sell gibLink
Inc. products and services on eBay or any other internet
auction site. This form of selling precludes the personal
contact that should be present in a networking environment.
gibLink Inc. members may not supply third party individuals
with gibLink Inc. products or material (electronic or physical)
who are knowingly intending to place the product and services
on eBay.
19. Telemarketing
Members using telemarketing to market their
products and services must comply with and register as a
telemarketer according to current state, provincial, federal
or governmental regulations in their jurisdiction for telephone
marketing and solicitation. See “Terms of Service”
(TOS)
20. Media Inquiries
Members may not solicit coverage or publicity
from the media regarding their gibLink Inc. business, nor
may they appear on radio or television talk shows to promote
their activities. If a Member is contacted by the media
(radio, television or the press), the contact should be
referred to the gibLink Inc. Corporate Office in order to
ensure accuracy and a consistent Company image.
21. Business Names
Members may not use the words, gibLink
within a business name. An example of an unauthorized use
of the trademarked name is “gibLink of San Francisco.”
22. Conduct at Business Presentations and
Training Sessions
All Business Presentations and Training
Sessions shall be conducted in strict compliance with Company
produced guidelines, scripts, slides and printed materials.
They have been developed and refined to ensure that prospects
have accurate information upon which to base their decision,
and to assist new Members in learning proven techniques
for achieving success. Any variation or departure will result
in the termination of the offending Membership.
23. Product/Services Claims
Members shall not make any claim for any
of the Company product/services which are not expressed
in official promotional literature or website. Members are
responsible for notifying their Members in their organization
of new gibLink Inc. Policies and Procedures, forms, and
literature, or website advertising changes, and replacement
of old Policies and Procedures, forms, and literature, or
website advertising changes.
24. Inducements to Prospects
All Members are equal in the eyes of the
Company’s Corporate Management. No retail sales organization
or group may imply that it has a “special relationship”
or that it can offer a prospect preferred treatment by virtue
of their “special rapport” with the Company
Corporate Office.
At open or public meetings, gibLink Inc.
podium and/or wall banners are permissible. Signage stating
the name of the Company services/products is also permitted.
However, it is strictly against Company policy to display
banners, signs or other paraphernalia, which identifies
or promotes the name of a specific network or organization
at any public meeting. Such banners, signs, and paraphernalia
may be utilized only at closed presentations sponsored by
and paid for by a single network or organization.
25. Alien Materials or Products
During the term of the Member Agreement,
Members shall not sell or promote directly or indirectly
the products, services, or opportunities of any other company
which is a direct competitor of any products and services
provided by gibLink Inc. while conducting their business.
Additionally, only the Company products/services and/or
authorized promotional materials may be sold or displayed
at any gibLink Inc. meeting. Violation of this provision
is justifiable cause for termination of the offending Membership.
Section 8
Use of Internet
Members must only use Company produced
Member web sites, Corporate sites, and web tools (i.e.,
Customer Relations Management (CRM) etc.) when they promote
the Company’s products and services over the Internet.
Additionally, Members are permitted to create generic business
opportunity sites and/or generic splash pages with links
to Company sites. These generic pages may not contain the
Company’s trademarks or other copyrighted material
and may not contain information on the Company, its products
or its business, or pictures of products or corporate facilities/personnel.
Members may not use the Internet to promote the Company,
including its products and services, in any other manner
except as set forth in this policy. In case of a violation,
the Company may require the offending Member to immediately
remove the web site that is in violation of gibLink Inc’s.
policies, in addition to taking other disciplinary actions
against the responsible Member in accordance with Section
7 of these Policies and Procedures. Member web sites are
also subject to the following restrictions.
a) Members who have previously created
websites and currently enjoy their own independent Internet
sites to promote the Company’s products/services and
business opportunity must first be reviewed and approved
as Sales Aids in accordance with Section 9 of these Policies
and Procedures and carry a Company designated review seal.
Changes made to the site after obtaining the initial review
seal requires written authorization from a Legal Department.
b) Members may not include any intellectual
property or proprietary information in the unique domain
names/URL or meta-tags of their Company produced or generic
business opportunity web sites. Additionally, intellectual
property and proprietary information cannot be used as “wallpaper”
on any Company hosted or generic business opportunity site.
c) Members may not register their web
sites with search engines or web directories using any intellectual
property any proprietary information.
d) Members are required to promote their
Company hosted and/or generic business opportunity Internet
sites through one-on-one personal or mutual contact. Additionally,
Members are prohibited from forwarding information regarding
their sites to individuals who have not specifically requested
information regarding the Company’s business opportunity
and/or products (i.e., spam).
Section 9
Sales Aids
a) A Member may only use, distribute,
or sell Sales Aids either:
I. produced and distributed by the Company
and bearing their copyright designation, or
II. produced and distributed by an “Independent
Member”, only after review by the Company and bearing
the specific designation “content reviewed”
followed by a designated review identification number.
The above-stated designation may be obtained through the
process outlined below and in accordance with additional
terms found in the Sales Aid Review Process but may only
be used after a certificate has been received from the
Company by the submitting Member. That certificate must
specifically indicate that the material may be made available
for distribution.
b) The Company may impose a reasonable
fee for reviewing a Sales Aid. Members should allow a minimum
of four weeks for the Company to complete its review of
submitted materials.
c) The Company reserves the right to require
any change to a Sales Aid it deems necessary to ensure appropriate
content before allowing the Sales Aid to bear its review
designation as stated above.
d) The Company reserves the right to deny
approval for any proposed Sales Aid and, if changes in regulatory
requirements or other circumstances so dictate, to require,
at the Company’s sole discretion, the removal from
the marketplace or previously reviewed Sales Aids without
financial obligation to the affected Member.
e) Any Member who produces or has previously
produced or distributed materials as set forth in this Section
bears ultimate responsibility for the material contained
therein. The Company’s review process does not guarantee
that the Sales Aid complies with all applicable federal
or state legal and other regulatory requirements. The review
process does not constitute legal advice from the Company
to any Member. In addition to the Company’s review,
all Members who intend to produce and distribute Sales Aids
in accordance with this Section are strongly advised to
seek the advice of independent legal counsel with regard
to the legality and regulatory compliance of Sales Aids.
f) Members are free to establish their
own prices for Sales Aids reviewed by the Company under
this Section.
g) Sales Aids shall be identified by the
name of the individual or individuals that produced them.
Group or organizational identifiers shall not be used in
connection with the production of Sales Aids.
h) All mailing lists of the Company’s
Members obtained in connection with the production or sale
of an independently produced Sales Aid are the confidential
and proprietary property of the Company. Independent tape
duplicators or other persons obtaining access to Member
lists through their production or distribution of that material
must contractually agree to the confidentiality and proprietary
nature of those mailing lists and that any use of those
lists or contacts generated there from except for the sole
purpose of furthering the Company’s business is expressly
forbidden. A Member must also agree that the information
is the proprietary property of the Company and any materials
offered to the Members which make any reference to the Company
or its programs may be done so only with the prior written
consent of the Company for each separate offer.
i) The return policy of Independent Members
with regard to Sales Aids, which they have produced or sold,
must be in full compliance with the pertinent Sales Aid
return policy employed by the Company for Company Approved
Sales Aids (See Section 5).
Members who use, distribute, or sell Sales Aids in violation
of this Section are subject to appropriate remedial action
by the Company, up to and including termination of the violating
Membership.
Section 10
Miscellaneous Policies
1. Contact between Members and Employees
a) Company employees are trained to be
polite and professional in each and every contact with Members.
Should a Member ever receive less than this from the Company
personnel, they should document the situation and forward
it to the legal department of the Company for immediate
review. Members will be notified of any action taken.
b) Members are expected to extend these
same courtesies when dealing with the Corporate Office staff,
either by submitting tickets on the telephone or in person.
Company employees are not required to endure verbal abuse.
Whenever they feel this is occurring they are to turn the
call over to a supervisor. If this is not possible they
are to politely end the conversation and document the incident.
This documentation will also be forwarded to the legal department
of the Company for review and any appropriate action. In
severe circumstances, this will lead to the termination
of the offending membership.
2. Member Violations
a) The Company reserves the exclusive right
to terminate the Membership of any Member who violates any
provision of the Member Agreement or any policy or procedure.
The Company must be notified in writing of any and all details,
including but not limited to, the date(s), location(s),
and nature of the violation, and the identity of the Member
who has allegedly violated the Policies and Procedures.
The Member will receive a warning letter from the Company
advising of the alleged violation. The Member shall have
ten (10) days from the date of notice to reply to the allegation(s).
Upon review of the reply, if any, the Company shall notify
the Member in writing of any disciplinary actions imposed
(disciplinary actions may consist of probation, suspension
or termination). The Member will then have twenty-one (21)
days in which to appeal the disciplinary action in writing
to the Company.
3. Abusive or Obscene Content
a) Any content posted by a member that
is abusive, obscene, vulgar, or contains any explicit or
offensive language or images, (Pornography or Pornographic
material), or is found to be in violation and determined
to be such, of the gibLink Inc. Policies and Procedures, will
be removed without notice at gibLink Inc’s, discretion.
b) A note to the abusive member’s
account will be posted stating that their post was removed
and that if they wish to enquire as to why it was removed
or if they believe that it was removed in error; they can
contact gibLink Inc. at legal@giblink.com and receive an
explanation.
4. Abusive or Obscene Speech and Conduct
Any speech or conduct by a member that
is abusive, obscene, vulgar, or contains any explicit or
offensive language against gibLink Members, gibLink Inc.
or the general public or potential Members, found to be
in violation and determined to be such, of the gibLink Inc.
Policies and Procedures, will be subject to disciplinary
action.
5. Disciplinary Action
a) Probation - A Member may be placed on
probation for a period of 30, 60, or 90 days. If any further
disciplinary action is deemed necessary by the company during
the probationary period, the Membership could be either
suspended or terminated.
b) Suspension - As an option to termination,
a Member may be placed on suspension, which constitutes
a loss of income and benefits normally accorded a Membership
in good standing, throughout the term of suspension. The
suspension period will be relative to the nature of the
violation(s). The right of a suspended Member to receive
commissions or bonuses from the Company ceases immediately
from the date of suspension through to the end of the suspension
period. A suspended Member must cease and desist selling
the Company products, sponsoring, using Company promotional
materials, representing himself/herself as a Member or acting
in any way, which may put at risk or harm the business of
the Company or its Members.
c) Termination - To protect its business
and that of its Members, the Company reserves the right
to immediately terminate its agreement with any Member at
any time if the Member breaches any of the Terms of Services
or Conditions of the Member Agreement, the Policies and
Procedures, the Revenue Sharing Plan or the Code of Conduct.
Such “Notice of Termination” shall be in writing.
The Company reserves the right to void the termination at
any time, and set any terms or conditions for the reinstatement
it deems suitable.
A terminated Member to receive commissions
or bonuses from the Company ceases immediately from the
date of the termination to include pending and future commissions.
Furthermore, a terminated Member must immediately cease/desist/stop
sponsoring, using the Company promotional materials, representing
himself or herself as a Member or acting in any way which
may put at risk or harm the business of the Company or its
Members.
6. Indemnity
Each Member and effective party shall hold
the Company harmless from any claims, damages, or liabilities
arising from the Member’s misrepresentation, negligence,
or failure to follow these Policies and Procedures.
7. Change of Address Notification
To ensure no delay in communications,
payments of commissions, bonuses and other critical information,
it is crucial that our files are up to date. Current Street
addresses, post boxes, Postal or zip code changes must be
provided two weeks prior to any changes. Members making
changes may advise gibLink Inc. through the back office,
email, courier, or postal service.

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