ACCEPTANCE OF TERMS THROUGH USE
By using this site (“Site”) or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this Site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this Site, LUMALLIE (“Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this Site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this Site at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this Site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this Site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this Site. You acknowledge and agree that all content and services available on this Site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non- payment.
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from
the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, or materials or services received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This Site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this Site or communicate to the Company through this Site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
By using features of this Site that allow you to post or otherwise transmit information to or through this Site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
A. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this Site’s rules or policies;
B. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
C. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
D. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
E. impersonates any person or entity, including any employee or representative of this Site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site. However, this Site and its agents have the right, at their sole discretion, to remove any content that, in this Site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written permission.
The LUMALLIE name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of LUMALLIE. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
LUMALLIE offers a seven (7) day, money back guarantee on the initial $299 one-time fee. The Company will deny any refund request beyond this initial seven-day period from the date of payment. This includes any monthly subscriptions paid in advance. If the purchases were made through a credit card, the refund will be credited back to the same account.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this Site, the suitability of the information contained on or received through use of this Site, or any service or products received through this Site. All information and use of this Site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this Site, the information contained or received through use of this Site, and any services or products received through this Site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this Site are accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this Site is free of viruses or other harmful components. Your use of this Site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of
such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this Site, or any services, information or products from this Site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by the Company from its offices within the State of Wyoming, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Site. As each of these places has laws that may differ from Wyoming, by accessing this Site, both you and the Company agree that the statutes and laws of Wyoming shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Cheyenne, Wyoming, and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this Site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall
not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This Site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.
OUR COMMITMENT TO PRIVACY
THE INFORMATION WE COLLECT
When you visit our site (“Site”), we collect two types of information: personal information you actively choose to disclose (“Active Information”) and information not visible to you that arises out of your browsing of our Site (“Passive Information”). Please note that Passive Information is collected on an aggregate and anonymous basis.
Personally Identifiable Information (“PII”) is information that identifies and is reasonably linked to you.
When you register to become an authorized reseller of our products or services, we will collect PII (which may include, but not limited to, names, address, email address, and telephone numbers). This PII is securely stored and may be accessed on our website. You are assigned an identification number and select your own password – both are needed to enter the Site and to access your Contact Information. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.
When you place an order for products or services, we collect PII (e.g., name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and to communicate the status of your order.
C. Credit and Debit Card Storage
Credit and debit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our Site. However, you may voluntarily elect to securely store multiple credit cards to be used for product orders.
D. Surveys and Promotions
Occasionally, you may voluntarily provide PII to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and
services and to ensure that we’re providing accurate disclosures. We may also use your PII to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the Site.
Active Information You Choose to Provide
In order to gain use of the Site (become a “user”), we require you to disclose the following information: Name, Address and Phone Number
We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.
2. Passive Information
We store and collect various types of passive information on an aggregate and anonymous basis. This information may include such technical information as it pertains to your Internet protocol address, your device operating system and browser type, cookies, and an address of a referring website or any other path you take to reach our website all described in greater detail below.
This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL”) of the website that referred you to our Site, your Internet Protocol (“IP”) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our Site. Our web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content or our Site in order to make your visit an easy and enjoyable experience.
We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any PII with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other PII under this Privacy Statement.
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a site. They are small pieces of data stored by a user’s browser to simplify subsequent interactions with the site. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.
Our Site utilizes cookies to collect information about how our Site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at our Site, the sites visited just before and just after visiting our Site. If you do not wish to transmit “cookie” information about yourself, you may turn off the cookie function in your web browser.
Our Site’s servers also automatically identify your computer by its Internet Protocol address, which is a unique string of numbers that are assigned to your computer by your Internet Service Provider. The IP address may be used to address problems with our server or to gather broad demographic information about our users. We passively collect your IP Address.
HOW WE USE THE INFORMATION COLLECTED
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our core business functions, such as the fulfillment of orders or services, the furnishing of customer care and support, and supplying the availability of other products or services we think might be of interest to our users.
We use Passive Information to gather information about our users and to enhance our Site to make it easier, faster and friendlier for users. Additionally, cookies help us better understand the usage pattern of the people that visit our Site, which helps us improve our services. Passive Information may result in your viewing of particular advertising based on your user habits.
We reserve the right to use Active and Passive Information in order to prevent, detect and investigate fraud, security breaches, or any other potentially prohibited or illegal activity.
We may use any Active Information or Passive Information provided to contact you about various changes to our Site, new services, features or products we offer. If at any time you do not wish to receive such information, you may “opt-out” of doing so by adjusting your email settings in the back office of the website.
Your Information Relating to Hyperlinks
You might be able to access other websites through our Site via hyperlinks. When you do so, you are subjecting yourself to their privacy policies and data collection. Please read the privacy policies of those sites to ensure you agree with the terms before using such sites.
Receiving and Sharing of Information from and with Third Parties
We reserve the right to receive information about you from other third party sources, that help us update, expand and analyze our records and identify new customers.
Furthermore, we may share Personal Information necessary to the prevention of fraud, illegal activities, and security breaches. Because of this, it’s possible some of your
personal information may be shared with fraud prevention agencies. If false or inaccurate information is provided and fraud is identified, details of this fraud may be passed on to these agencies. Likewise, law enforcement and governmental agencies may access and use certain information pursuant to any law, regulation, or subpoena. This applies to information as it relates to both open and closed accounts.
Additionally, third parties who perform services for us as it relates to security, payment, etc. (such as Internet Service Providers, credit card processors, and merchant banks) may also have access to your information in the performance of such necessary services.
Finally, we may disclose anonymous information about user habits to third party advertisers on our Site. Should we buy or sell assets of our company, another company may need to review our company’s assets, which might include your information, to make business decisions as to whether to acquire such assets.
HOW WE SECURE ACTIVE AND PASSIVE INFORMATION
We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss of Active and Passive Information. Individual postings on this Site and other communications to our office via email or standard mail may not be secure unless we advise you that security measures are in place prior to your submission of information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we respectfully request that you do not send or post sensitive information through these means.
Accessing and Correcting Your Information
We take reasonable measures to ensure that any PII we collect on our Site is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct PII provided to us, you may edit your information online.
Protecting Your Information
We acknowledge your trust and are committed to take reasonable steps to protect PII provided from loss, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information.
It is your responsibility to safeguard the password you use to access our Site and to promptly advise us if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.
Links to Other Websites
Links to third-party websites may be provided solely for your information and convenience or to provide additional shopping for various other goods and services through our Merchant and Services Partners. If you use these links, you will leave our Site. This Privacy Statement does not cover the information practices of those websites nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Children’s Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child’s online activities. Our Site does not target and is not intended for children under the age of 18, and we will not knowingly collect PII from them. If we discover personal data from a child through our Site, we will eliminate that data. You may learn more about protecting children’s privacy online by visiting: http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.
CHANGES TO THIS POLICY
YOUR USE OF OUR SITE MEANS THAT YOU ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES.
LUMALLIE STATEMENT OF POLICIES AND PROCEDURES
Effective April 15, 2019
SECTION 1 – INTRODUCTION
1.1 CODE OF ETHICS 1.2 POLICIES INCORPORATED INTO THE AFFILIATE MEMBER AGREEMENT 1.3 CHANGES TO THE AFFILIATE MEMBER AGREEMENT, POLICIES AND PROCEDURES, OR COMPENSATION PLAN 1.4 DELAYS 1.5 POLICIES AND PROVISIONS SEVERABLE 1.6 WAIVER
SECTION 2 –BECOMING AN AFFILIATE MEMBER
2.1 REQUIREMENTS TO BECOME AN AFFILIATE MEMBER 2.2 NEW AFFILIATE MEMBER REGISTRATION BY INTERNET AND FACSIMILE 2.3 AFFILIATE MEMBER BENEFITS 2.4 TERM AND RENEWAL OF A LUMALLIE BUSINESS
SECTION 3 – INCOME DISCLOSURE POLICY SECTION 4 – ADVERTISING
4.1 ADHERENCE TO THE LUMALLIE COMPENSATION PLAN 4.1.1 Affiliate Member Representations about LUMALLIE Services
4.2 USE OF SALES AID 4.3 INTELLECTUAL PROPERTY 4.4 WEB POLICY 4.5 ADVERTISED PRICE 4.6 GENERIC BUSINESS ADVERTISEMENTS 4.7 MEDIA AND MEDIA INQUIRIES 4.8 UNSOLICITED EMAIL AND FAX COMMUNICATION
SECTION 5 –OPERATING A LUMALLIE BUSINESS.
5.1 - BUSINESS ENTITIES 5.1.1 Changes to a Business Entity 5.1.2 Change of Sponsor 5.1.3 Change of Placement
5.2 UNAUTHORIZED CLAIMS AND ACTION 5.2.1 Indemnification 5.2.2 Endorsement of LUMALLIE Services
5.3 CONFLICTS 5.3.1 Non-Solicitations 5.3.2 Sale of Competing Goods or Services 5.3.3 Targeting Other Direct Sellers 5.3.4 Privacy and Confidentiality
5.3.5 The Data Management Rule 5.4 CROSS SPONSORING 5.5 GOVERNMENTAL APPROVAL OR ENDORSEMENT 5.6 IDENTIFICATION 5.7 INCOME TAXES 5.8 INDEPENDENT CONTRACTOR STATUS 5.9 STACKING 5.10 ONE LUMALLIE BUSINESS PER AFFILIATE MEMBER 5.11 SUCCESSION 5.12 SALE, TRANSFER, OR ASSIGNMENT OF A LUMALLIE BUSINESS 5.13 SEPARATION OF A LUMALLIE BUSINESS 5.14 SPONSORING
6 RESPONSIBILITIES OF AN AFFILIATE MEMBER
6.1 CHANGE OF ADDRESS, TELEPHONE NO., EMAIL-ADDRESS 6.2 RESPONSIBILITIES OF A SPONSORING AFFILIATE MEMBER
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities 6.3 NON-DISPARAGEMENT 6.4 REPORTING POLICY VIOLATIONS
7 AUTOMATIC BILLING
8 BONUSES AND COMMISSIONS
8.1 BONUS AND COMMISSION QUALIFICATIONS 8.2 ERRORS OR QUESTIONS 8.3 BONUS BUYING PROHIBITED 8.4 REPORTS
9 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 DISCIPLINARY SANCTIONS 9.2 MEDIATION 9.3 ARBITRATION 9.4 GOVERNING LAW, JURISDICTION, AND VENUE
10 EFFECT OF CANCELLATION
10.1 EFFECT OF CANCELLATION AND TERMINATION 10.2 NON-RENEWAL
LUMALLIE STATEMENT OF POLICIES AND PROCEDURES Effective April 15, 2019
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics
LUMALLIE, LLC (hereafter “LUMALLIE” or “the Company”) is a values-based company that prides itself on the quality and character of its representatives (hereinafter “Affiliate Member(s)”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every LUMALLIE Affiliate Member is expected to practice the following ethical behavior when acting in the name of the company:
1.2 - Policies Incorporated into the Affiliate Member Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of LUMALLIE, are incorporated into, and form an integral part of, the LUMALLIE Affiliate Member Agreement (hereafter “Affiliate Member Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the LUMALLIE Affiliate Member Agreement, these Policies, and the LUMALLIE Compensation Plan. These documents are incorporated by reference into the Affiliate Member Agreement (all in their current form and as amended by LUMALLIE). It is the responsibility of each Affiliate Member to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Affiliate Member, it is the responsibility of the sponsoring Affiliate Member to provide the most current version of these Policies and Procedures prior to his or her execution of the Affiliate Member Agreement.
1.3 - Changes to the Affiliate Member Agreement, Policies and Procedures, or Compensation Plan
Because federal, state, and local laws, as well as the business environment, periodically change, LUMALLIE reserves the right to amend the Agreement and the prices in its LUMALLIE Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official LUMALLIE Materials. Amendments shall be effective upon publication in Official LUMALLIE Materials, including but not limited to, posting on LUMALLIE’s website, e-mail distribution, publication in LUMALLIE’s newsletter, product inserts, or any other commercially reasonable method. The continuation of an Affiliate Member’s LUMALLIE business or an Affiliate Member’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments. The ability to modify the agreement does not extend to the dispute resolution section in these Policies (Section 9), as those provisions can only be modified by way of mutual consent.
1.4 - Delays
LUMALLIE shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death, curtailment of a party’s source of supply, or government decrees or orders.
1.5 –Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of LUMALLIE to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate Member with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of LUMALLIE’s right to demand exact compliance with the Agreement. Waiver by LUMALLIE can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING AN AFFILIATE MEMBER 2.1 - Requirements to Become an Affiliate Member To become a LUMALLIE Affiliate Member, each applicant must:
2.2 - New Affiliate Member Registration by the Internet and Facsimile
A prospective Affiliate Member may self-enroll on the sponsor’s web site. In such event, instead of a physically signed Affiliate Member agreement, LUMALLIE will accept the agreement by accepting the “electronic signature” stating the new Affiliate Member has accepted the terms and conditions of the Affiliate Member Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Affiliate Member and LUMALLIE. Faxed agreements must include both the front and back of the Affiliate Member Agreement.
2.3 - Affiliate Member Benefits
Once an Affiliate Member Agreement has been accepted by LUMALLIE, the benefits of the Compensation Plan and the Affiliate Member Agreement are available to the new Affiliate Member. These benefits include the right to:
2.4 – Terms and Renewal of a LUMALLIE Business
An Affiliate Member must renew their Affiliate Member status annually by submitting a monthly renewal fee of $19.95 or discounts may be available if paid in advance. This payment is due once a month on the anniversary of the Affiliate Member’s acceptance date into the Company (discounts may be available if paid in advance). If the Affiliate Member allows his or her business to expire due to non-payment of the renewal fee, the Affiliate Member will lose any and all rights to his or her downline organization unless the Affiliate Member re-activates within sixty (60) days following the expiration of the agreement.
If the former Affiliate Member re-activates within the 60-day time limit, the Affiliate Member will resume the rank and position held immediately prior to the expiration of the Affiliate Member Agreement. However, such Affiliate Member’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The Affiliate Member is not eligible to receive commissions for the time period that the Affiliate Member’s business was expired.
Any Affiliate Member whose agreement has expired and lapsed the 60-day grace period is not eligible to reapply for a LUMALLIE business for twelve (12) months following the expiration of the Affiliate Member Agreement.
Any Affiliate Member terminated by LUMALLIE may not reapply to do business for twelve (12) months from their termination date.
The downline of the expired Affiliate Member will roll up to the immediate, active upline sponsor.
SECTION 3 – INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, LUMALLIE has developed the Income Disclosure Statement (“IDS”). The LUMALLIE IDS is designed to convey truthful, timely, and comprehensive information regarding the income that LUMALLIE Affiliate Members earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Affiliate Members.
A copy of the IDS must be presented to a prospective Affiliate Member (someone who is not a party to a current LUMALLIE Affiliate Member Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) includes: (i) statements of average earnings; (ii) statements of non-average earnings; (iii) statements of earnings ranges; (iv) income testimonials; (v) lifestyle claims; and (vi) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Affiliate Member earned over a million dollars last year” or “Our average ranking Affiliate Member makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Affiliate Members is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, you must provide every prospective Affiliate Member with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the company website at [www.signup.topagentreferral.com].
SECTION 4 – ADVERTISING
4.1 - Adherence to the LUMALLIE Compensation Plan
Affiliate Members must adhere to the terms of the LUMALLIE Compensation Plan as set forth in Official LUMALLIE Materials. Affiliate Members shall not offer the LUMALLIE opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official LUMALLIE Materials. Affiliate Members shall not require or encourage other current or prospective Customers or Affiliate Members to participate in LUMALLIE in any manner that varies from the program as set forth in Official LUMALLIE Materials. Affiliate Members shall not require or encourage other current or prospective Customers or Affiliate Members to execute any agreement or contract other than official LUMALLIE agreements and contracts in order to become a LUMALLIE Affiliate Member. Similarly, Affiliate Members shall not require or encourage other current or prospective Customers or Affiliate Members to make any purchase from, or payment to, any individual or other entity to participate in the LUMALLIE Compensation Plan other than those purchases or payments identified as recommended or required in Official LUMALLIE Materials.
4.1.1 – Affiliate Member Representations about LUMALLIE Services
Affiliate Members that are not licensed real estate agents or real estate brokers are strictly prohibited from
making any misrepresentations concerning real estate licensure and will be terminated if found performing
any real estate agent activities. The fees that are paid out by
to Affiliate Members do not come
from the sale of homes, but rather the successful referral of a service, the confirmation that the sellers or
buyers have met with the Real Estate Agent referred from Top Agent Referral, and the completion of a survey
after the closing of homes. The fees are paid for set tasks and are not based on a percentage of a home sale.
4.2 - Use of Sales Aids
To promote both the services and the opportunity LUMALLIE offers, Affiliate Members must only use the sales aids and support materials produced by LUMALLIE. If LUMALLIE Affiliate Members develop their own sales aids and promotional materials (which includes Internet advertising), not with standing Affiliate Members’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a LUMALLIE business. These violations, although they may be relatively few in number, could jeopardize the LUMALLIE opportunity for all Affiliate Members. Accordingly, Affiliate Members must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Affiliate Member receives specific written approval to use the material, the request shall be deemed denied. All Affiliate Members shall safeguard and promote the good reputation of LUMALLIE and its services. The marketing and promotion of LUMALLIE, the LUMALLIE opportunity, the Compensation Plan, and LUMALLIE services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. In particular, the marketing and promotion of a LUMALLIE Affiliate Member must strictly abide by section 4.1.1 above.
4.3 -Intellectual Property
LUMALLIE will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including LUMALLIE Affiliate Members, without prior written authorization from LUMALLIE. Furthermore, no Affiliate Member may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Affiliate Member without prior written consent from the named Affiliate Member. This consent must be on file with LUMALLIE’s Compliance department prior to any use.
4.4 –Web Policy
If an Affiliate Member desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead Customers or potential Affiliate Members in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are a corporate representative for LUMALLIE, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official LUMALLIE Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. LUMALLIE will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.
B. Domain Names, email Addresses and Online Aliases
You cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of LUMALLIE by showing up as the sender of an email.
Examples of the improper use include but are not limited to:
email@example.com; www.LumallieCorporate.com; www.facebook.com/lumallie; firstname.lastname@example.org; www.TopagentReferralCorporate.com; www.facebook.com/topagentreferral or any derivatives thereof.
Examples of permitted URLs, email addresses, and online aliases might appear as follows: facebook.com/iloveTopAgentReferral; jimsmith@TopAgent LumallieAffiliateMember.net. TopAgentAffiliateMember.net
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of LUMALLIE. If you have a question whether your chosen name is acceptable, you may submit it to Corporate for review prior to any use.
C. Approved Affiliate Member Websites
The term Affiliate Member Website refers to the Affiliate Member website offered by LUMALLIE or an approved vendor. The term Social Media Website refers to any site that is not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, Instagram, Twitter, YouTube.com, personal blogs or other personal websites.
D. Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or promote specific LUMALLIE services. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring, and informing the public about the LUMALLIE opportunity provided you follow the other requirements of this agreement such as identifying yourself as an independent representative of LUMALLIE, only using approved images and versions of any trademarked logos and without using fraudulent or misleading income claims. If a link or URL is provided, it must link to your Affiliate Member Website or your Social Media website.
E. Social Media Website
Social Media Websites such as Facebook may also be used to promote your LUMALLIE business. You must provide approved LUMALLIE links to your Affiliate Member replicated website. All online sales of LUMALLIE services must take place and be produced through the Affiliate Member Replicated website (or corporate site).
Profiles you generate in any social community where you mention or discuss LUMALLIE must clearly identify you as a LUMALLIE Independent Affiliate Member and must appear as described herein. When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is
inappropriate is at LUMALLIE’s sole discretion, and offending Affiliate Members will be subject to disciplinary action and/or termination.
You agree that you will immediately take down a non-compliant site at the request of LUMALLIE. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
F. Banner Advertising
You may place banner advertisements on a website provided you use LUMALLIE -approved templates and images. All banner advertisements must link to your Affiliate Member Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with LUMALLIE products or the LUMALLIE business opportunity.
G. Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books etc. must be unique, informative and relevant.
H. Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to your Affiliate Member Website. The display URL must also be to your Affiliate Member Website and must not portray any URL that could lead the user to assume they are being led to a LUMALLIE Corporate site, or be inappropriate or misleading in any way.
I. LUMALLIE Affiliate Member Image Mandate When using a Social Media Website, you must display on said site:
a.) A LUMALLIE Affiliate Member Logo from the approved templates. b.) Your Name & Title (e.g., Jack Jones, Affiliate Member of the LUMALLIE). c.) A link to your Affiliate Member Replicated website.
Although LUMALLIE brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Independent Affiliate Member site, and not a LUMALLIE Corporate page.
4.5 - Advertised Price
You may not advertise any of LUMALLIE’s services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
4.6 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
Any requests for variances from the above rules must be submitted to LUMALLIE and approved in writing prior to publication. Please direct any inquiries to Corporate.
4.7 -Media and Media Inquiries
Affiliate Members must not initiate any interaction with the media or attempt to respond to media inquiries regarding LUMALLIE, its services, or their independent LUMALLIE business. All inquiries by any type of media must be immediately referred to LUMALLIE’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.8 - Unsolicited Email and Fax Communication
LUMALLIE does not permit Affiliate Members to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an Affiliate Member that promotes LUMALLIE, the LUMALLIE opportunity, or LUMALLIE services, must comply with the following:
forward the opt-out request to the Company. LUMALLIE may periodically send commercial emails on behalf of Affiliate Members. By entering into the Affiliate Member Agreement, Affiliate Member agrees that the Company may send such emails and that the Affiliate Member’s physical and email addresses will be included in such emails as outlined above. Affiliate Members shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Affiliate Members may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their LUMALLIE businesses.
SECTION 5 – OPERATING A LUMALLIE BUSINESS.
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a LUMALLIE Affiliate Member by submitting a LUMALLIE Affiliate Member Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to LUMALLIE. A LUMALLIE business may change its status under the same Sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. To do so, the Affiliate Member(s) must provide the Entity Documents to LUMALLIE. The Affiliate Member Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to LUMALLIE.
5.1.1 - Changes to a Business Entity
Each Affiliate Member must immediately notify LUMALLIE of any changes to the type of business entity they utilize in operating their LUMALLIE business, and the addition or removal of business associates. A LUMALLIE business may change its status under the same sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. The Affiliate Member Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to LUMALLIE.
5.1.2 - Change Of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Affiliate Members, LUMALLIE rarely allows changes in sponsorship, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Sponsor Change Request Form within a seven (7) day period from the date of enrollment, and must come from the current listed sponsor.
5.1.3 - Change Of Placement
A request for change of placement must be submitted within seven (7) days of the date of enrollment and must be requested by the current listed sponsor. An Affiliate Member can only be moved inside of the same sponsor’s organization. If approved, an Affiliate Member is placed in the first available open bottom position on the date that the change is made. Affiliate Members who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of LUMALLIE.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
An Affiliate Member is fully responsible for all of his or her verbal and/or written statements made regarding LUMALLIE services and the Compensation Plan, which are not expressly contained in Official LUMALLIE Materials. Affiliate Members agree to indemnify LUMALLIE and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by LUMALLIE as a result of the Affiliate Member’s unauthorized representations or actions. This provision shall survive the cancellation of the Affiliate Member Agreement.
5.2.2 –Endorsements of LUMALLIE Services
No claims as to any services offered by LUMALLIE may be made except those contained in Official LUMALLIE Materials.
5.3 - Conflicts
5.3.1 – Non- solicitations
LUMALLIE Affiliate Members are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the term of this Agreement, Affiliate Members may not directly or indirectly recruit other LUMALLIE Affiliate Members or Customers other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of an Affiliate Member Agreement, and for a period of one (1) calendar year thereafter, with the exception of an Affiliate Member who is personally sponsored by the former Affiliate Member, a former Affiliate Member may not recruit any LUMALLIE Affiliate Member or Customer for another Network Marketing business.
5.3.2 - Sale of Competing Goods or Services
During this agreement and for six months thereafter, Affiliate Members must not sell, or attempt to sell, any competing non- LUMALLIE programs or services to LUMALLIE Customers or Affiliate Members. Any program, product, service, or direct selling opportunity in the same generic categories as the LUMALLIE services (e.g., other real estate agent referral companies) are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
5.3.3 - Targeting Other Direct Sellers
Should Affiliate Members engage in solicitation and/or enticement of members of another direct sales company to sell or distribute LUMALLIE services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Affiliate Member alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, LUMALLIE will not pay any of Affiliate Member’s defence costs or legal fees, nor will LUMALLIE indemnify the Affiliate Member for any judgment, award,