LLYNDA MORE BOOTS POLICIES AND PROCEDURES AND INDEPENDENT FASHION CONSULTANT AGREEMENT
The Company may amend the present form of the Policies and Procedures at its sole discretion at any time. An IR agrees to abide by all modifications and amendments made by LMB upon executing this Agreement. Amendment notifications will be published by email or by posting on the LMB official website. It is deemed an IR accepts all amendments upon the continuation of their LMB business or an acceptance of bonuses or commissions. In the case of any provision of this Agreement being found invalid or unenforceable for any reason, either in its current or amended form, the portion that is considered to be invalid will be severed, and only that portion. The terms and provisions that are remaining will stay in full force and effect. Any severed provision, or portion thereof, will be reformed to reflect the true purpose of the provision.
The failure of LMB to exercise any right or power under the Agreement, or to insist upon strict compliance by an IR with any provision or obligation of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, will constitute a waiver of LMB’s right to demand exact compliance with the Agreement. LMB shall never give up its right to insist on compliance with the Agreement and with all applicable laws governing the conduct of a business. Any claim or cause of action of an IR that exists against LMB will not constitute a defense to LMB’s enforcement of any provision or term of this Agreement.
THE REQUIREMENTS OF BECOMING AN LMB INDEPENDENT REPRESENTATIVE
For an applicant to become an IR of LMB, she or he must:
• Provide LMB with her or his valid Social Security or Federal Tax ID number;
• Be the age of majority in her or his state of residence or have parents’ or legal guardian’s consent;
• Be a resident of the United States or U.S. Territories or country that LMB has declared to be open for business in its direct selling business model;
• Purchase an LMB Rep Membership Plan
• Submit a completed IR Agreement to LMB online. Social Security Numbers or Federal Tax Identification Numbers of IRs must be provided to LMB in the form of a W9 and may then be provided to the government agencies as reasonably required by law. It is not required of a person to purchase LMB products to become an IR. However, LMB does require that each IR purchase a Rep Membership plan. The Company may, it its sole discretion, offer a variety of Starter Kits. (IN WHICH THERE IS A PRODUCT)
• ACCEPTANCE OF AGREEMENT BY LMB AND RIGHTS AND BENEFITS OF INDEPENDENT REPRESENTATIVES • All benefits of the Agreement and LMB Compensation Plan shall be available to a new IR once an IR Agreement has been accepted by LMB. These benefits include the right to:
• Take part in the LMB Compensation Plan
• Sell LMB products
• Take part in LMB sponsored training, support, service, recognition and motivational functions
• Take part in promotional and incentive contests and programs sponsored by LMB for its IRs.
• Receive LMB literature and communications;
RENEWAL OF IR LMB BUSINESS
The Company reserves the right to sell seasonal membership plans ending on a fixed date or yearly membership plans that remain operative for a calendar year at its sole discretion. The Company reserves the right to offer renewals at the end of the applicable period at its sole discretion.
LMB BUSINESS OPERATIONS RECRUITING
LMB is not a multi-level marketing company. There are no commissions, bonuses, or passive income opportunities for recruiting additional IR’s. The Company may, from time to time, choose to reward IR’s that refer additional IR’s at its sole discretion.
PROMOTING AND ADVERTISING LMB WITH INTEGRITY
A top priority of LMB is to uphold its reputation of integrity. IRs are expected to also uphold and promote that same good reputation. All aspects of LMB, including but not limited to, the products it sells, the LMB business opportunity and Compensation Plan, and any and all marketing and promotion, shall be presented and practiced by IRs with courteousness, ethics, and honesty. LMB has carefully created high quality content, logos and graphics that represent the brand’s vision and lifestyle, that are fair and honest, and that comply with legal requirements of state and federal laws. For these reasons, and for the benefit created by consistent advertising, IRs must use the promotional materials created by LMB when selling or promoting LMB products, as well as LMB’s business opportunity. In a special circumstance, an IR may request to create her or his own promotional graphic, but such promotion must be approved in writing by LMB. LMB has also carefully done research on and created its Compensation Plan. IRs must only offer the LMB business opportunity to other potential IRs as set forth in the terms of the LMB Compensation Plan. IRs shall not encourage or require prospective or current IRs to enter into any contract or agreement other than official LMB contracts and agreements. IRs must also not encourage potential or current IRs to purchase from or make payments to any other individual in order to take part in the LMB Compensation Plan. Only payments and purchases recommended or required in official LMB literature are allowed. If an IR desires to place an advertisement in a local publication, she or he must make sure the ads are professional, true and accurate, using only LMB logos. When listing contact info, the IR must identify herself as a Llynda More Boots Independent Representative.
DEALING WITH MEDIA
Should an IR be approached by the media to answer questions, written permission must first be obtained before responding.
TRADEMARKS AND COPYRIGHT
The name of “Llynda More” and other names as may be adopted by LMB are proprietary trade names, trademarks, taglines, and service marks of LMB. As such, these marks are of great value to LMB and are licensed to IRs for their use only in an expressly authorized manner. LMB will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including LMB IRs, in any unauthorized manner without its prior, written permission. As an IR, you may use the Llynda More name in the following manner IR’s Name – Llynda More Boots Independent Representative Example: Alice Smith-Llynda More Boots Independent Representative. IRs will not use the name “Llynda More” in any form in your Business name, a tagline, an External Website URL or extension, in a Personal Email Address, in any blog title or address, in any social media title or address, or as a personal name or a nickname. For example, you may not secure the domain name www.buyllyndamore.com, nor may you create an email address such as firstname.lastname@example.org. Additionally, IRs may only identify themselves using the phrase “Llynda More Boots Independent Representative” in their phone greeting or on their outgoing voice mail message to clearly separate their independent Llynda More business from LMB. Similarly, in any email communication relating to Llynda More, IRs must clearly identify themselves as a “Llynda More Boots Independent Representative”.
COMMUNICATIONS THAT ARE UNSOLICITED
LMB does not permit IRs to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any unsolicited commercial email sent by an IR that promotes Llynda More, or Llynda More products must comply with the following:
• There must be a functioning return email address to the sender.
• There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
• The email must include the IR’s physical mailing address.
• The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
• The use of deceptive subject lines and/or false header information is prohibited.
• All opt-out requests, whether received by email or regular mail, must be honored.
• If an IR receives an opt-out request from a recipient of an email, the IR must forward the opt-out request to the Company.
TELEPHONE DIRECTORY LISTINGS
IRs may list themselves as a “Llynda More Boots Independent Representative” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No IR may place telephone or online directory display ads using Llynda More's name or logo. IRs may not answer the telephone by saying “Llynda More”, “Llynda More Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of LMB. If an IR wishes to post his/her name in a telephone or online directory, it must be listed in the following format: IR's Name, Llynda More Boots Independent Representative
ONLINE CONDUCT ON PERSONAL WEBSITES
IRs are provided with a personalized URL subdomain by LMB, which can be given out to customers. The Company will track all purchases made via the IR’s personalized URL and credit the IR at your commission rate for any sale made through your URL By default, a Personal Website URL is: [IR Name].LlyndaMoreBoots.com. Customized subdomains may be provided by request at The Company’s sole discretion. LMB reserves the right to reject an IR’s choice of Personal Website URL names. Any External Website that links to an IR’s Personal Website cannot advertise or otherwise promote footwear products other than Llynda More products.
SPAM LINKING AND MULTI MEDIA POSTING
Spam linking is multiple consecutive submissions of the same or similar content (also called ‘flooding’) 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. IRs may upload, submit or publish Llynda More related video, audio or photo content to their External Websites provided by LMB or that they develop and create so long as it aligns with Llynda More values, contributes positively to the Llynda More community greater good and reputation. All submissions must clearly identify the submitter as an IR in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that the IR is solely responsible for this content.
SOCIAL MEDIA AND EXTERNAL WEBSITE
IRs must not list or distribute Llynda More product prices (including Business Kits and Starter Kits), discounts, coupons, promotions (other than LMB-sponsored promotions), or other similar items on any External Website or Social Media website. Instead please use these social media sites to drive the reader to your Llynda More website to obtain detailed information, pricing, and ordering. Profiles an IR generates in any social community where Llynda More is discussed or mentioned must clearly identify the IR as an “Llynda More Boots Independent Representative” and when IRs participate in those communities, IRs must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory, religious, political, or vulgar content. IRs may only use Llynda More’s name as specifically authorized. For example, when creating a Llynda More related “Fan Page” on Facebook, IRs may only use the following structure when naming the Llynda More related “Fan Page”: Llynda More Boots – Your Name, Independent Representative To create stronger branding and ease of the public locating Independent Representatives on Facebook, many reps have requested, and we agree, to keep the page title of each Rep’s page consistent. Therefore, please name your page as exactly stated above, including the spaces, dash, and comma where shown. Any external website which contains “Llynda More” or any derivation thereof in the URL, must be transferred to LMB or closed/terminated upon demand by LMB. In no event may the IR sell such domain name to any third party without the prior express written consent of LMB.
INDEPENDENT REPS ARE RESPONSIBLE FOR POSTINGS
IRs are personally responsible for their online postings and all other online activity that relates to Llynda More. Therefore, even if an IR does not own or operate a blog or Social Media site, if an IR posts to any such site that relates to Llynda More or which can be traced to Llynda More, the IR is responsible for the posting and must act in a way that builds, strengthens and enhances Llynda More’s reputation, image and standing in the community. IRs are also responsible for postings which occur on any External Website that the IR owns, operates, or controls.
IDENTIFICATION AS AN INDEPENDENT REP
IRs must disclose their full names on all relevant Social Media profiles that relate to Llynda More and its products or business, and each must conspicuously identify themselves as an “Llynda More Boots Independent Representative”. Anonymous postings or use of an alias is prohibited.
SOCIAL MEDIA AS A SALES AND PROMOTION FORUM
External Websites, specifically Social Media sites, are relationship building sites. While building relationships is an important part of the sales process, External Websites, including, without limitation, Social Media sites may not be used as a direct medium for generating sales. Online sales may only be generated from an IR’s Llynda More Personal Website.
Online postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Llynda More income opportunity, Llynda More products, statements about the company, and/or IR biographical information and credentials.
THE OFFICAL LLYNDA MORE FACEBOOK PAGE
We invite you to post frequently on the official Llynda More Facebook page, however, IRs may not place linking information on Llynda More’s company Facebook page, nor may they post any pricing, promotions, marketing material, sales, advertisements, or announcements relating to their businesses on Llynda More’s Company Facebook page. LMB reserves the right to remove any messages posted on the official Company Facebook page as determined in its sole discretion.
USE OF THIRD PARTY INTELLECTUAL PROPERTY
If you use the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any online posting, it is your responsibility to ensure that you have received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and you must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
Always respect the privacy of others in your postings. IRs must not engage in gossip or advance rumors about any individual, company, or competitive products or services. IRs may not list the names of other individuals or entities on their postings unless they have the written permission of the individual or entity that is the subject of their posting.
You must ensure that your postings are truthful and accurate. This requires that you fact check all material you post online. You should also carefully check your postings for spelling, punctuation, and grammatical errors. Use of offensive language is prohibited.
IRs may not make any postings, or link to any postings or other material that: Is sexually explicit, obscene, or pornographic; Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, partisanship, or otherwise);
• Is graphically violent, including any violent video game images;
• Is solicitous of any unlawful behavior;
• Engages in personal attacks on any individual, group, or entity; OR
• Is in violation of any intellectual property rights of the Company or any third party.
RESPONDING TO NEGATIVE ONLINE POSTS
Do not converse with one who places a negative post against you, other IRs, or Llynda More. Report negative posts to LMB! Responding to such negative posts often simply fuels a discussion with someone carrying a grudge who does not hold themselves to the same high standards as Llynda More, and therefore damages the reputation and goodwill of Llynda More.
CANCELLATION OF YOUR LLYNDA MORE BOOTS BUSINESS
If your Llynda More business is cancelled for any reason, you must discontinue using the Llynda More name, and all of Llynda More’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all External Websites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an Llynda More Boots Independent Representative, you must conspicuously disclose that you are no longer a Llynda More Boots Independent Representative.
You may enroll as or convert your Llynda More business to a corporation, limited liability company, partnership or trust by submitting an IR Agreement along with a properly completed IRS Form W-9. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to LMB, compliance with the LMB Policies and Procedures, the LMB IR Agreement, and other obligations to LMB. The name of an IR Business Entity may not contain the words “Llynda More,” or any derivative of the foregoing. There is a $25.00 fee for each change requested, which must be included with the written request and the completed IR Agreement. LMB may, at its discretion, require notarized documents before implementing any changes to Llynda More business. Please allow thirty (30) days after the receipt of the request by LMB for processing.
CHANGES TO A BUSINESS ENTITIY
Each IR must immediately notify LMB of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.
UNAUTHORIZED CLAIMS AND ACTIONS INDEMNIFICATION
An IR is fully responsible for all of his or her verbal and written statements made regarding Llynda More products, services, and the Compensation Plan that are not expressly contained in official Llynda More materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. IRs agree to indemnify Llynda More, LMB, and LMB’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by LMB as a result of the IR’s unauthorized representations or actions. This provision shall survive the termination of the IR Agreement.
Because IRs do not have the data necessary to comply with the legal requirements for making income claims, an IR, when presenting or discussing the Llynda More opportunity or Llynda More Compensation Plan to a prospective IR, may not make income projections, income claims, or disclose his or her Llynda More income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records).
REPACKAGING AND RELABELING PROHIBITED
Llynda More products may only be sold in their original packaging. IRs may not repackage, re-label, or alter the labels on Llynda More products. IRs may affix a personalized sticker with their personal/contact information to each product container, as long as they do so without removing existing labels or covering any text, graphics, or other material on the product label.
TRADE SHOWS AND OTHER SALES FORUMS
IRs may display and/or sell Llynda More products at a Tradeshow. Tradeshows are available to IRs on a first-to-register basis. Multiple IRs are not allowed at a single Tradeshow; provided, however, that, to the extent permitted by the Tradeshow administrator, one or more IRs may, by mutual agreement, share a single booth at a Tradeshow (for example, rotating days or time blocks within a day). IRs may display and/or take orders for Llynda More products inside a Showroom.
CONFLICTS OF INTEREST IR PARTICIPATION IN OTHER NETWORK MARKETING PROGRAMS
If an IR is engaged in other non-Llynda More business or Network Marketing Activities, it is the responsibility of the IR to ensure that his or her Llynda More business is operated entirely separate and apart from all other businesses and/or Network Marketing Activities. To this end the IR must adhere to the following:
• IRs must not sell, or attempt to sell, any non-Llynda More programs, products or services relating to any Network Marketing Activity to Llynda More Customers or IRs.
• IRs shall not display Llynda More promotional material, sales aids, products or services with or in the same location as, any non-Llynda More promotional material or sales aids, products or services.
• IRs shall not offer the Llynda More opportunity, products or services to prospective or existing Customers or IRs in conjunction with any non-Llynda More program, opportunity, or product.
• IRs may not offer any non-Llynda More opportunity, products, services or opportunity at any Llynda More-related meeting, seminar, convention, webinar, teleconference, or other function.
• The IR may not be involved in any other Network Marketing or direct sales opportunity whose product directly compete with the Llynda More line of products (i.e. footwear).
ERRORS OR QUESTIONS
If an IR has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the IR must notify LMB in writing within 60 days of the date of the purported error or incident in question. LMB will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
Each IR is responsible for paying local, state, and federal taxes on any income generated as an IR. Every year, LMB provides an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who had earnings of over $600 in the previous calendar year.
INDEPENDENT CONTRACTOR STATUS
IRs are independent contractors. The agreement between LMB and its IRs does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the IR. An IR shall not be treated as an employee for his or her services or for Federal or State tax purposes. All IRs are responsible for paying local, state, and federal taxes due from all compensation earned as an IR of the Company. The IR has no authority (expressed or implied) to bind the Company to any obligation. Each IR shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the IR Agreement, this Statement of Policies & Procedures, and applicable laws.
IRs are authorized to sell Llynda More products and enroll Customers or IRs only in the countries in which LMB is authorized to conduct business. Llynda More products or sales aids may not be shipped into or sold in any foreign country that the Company has not announced is officially open for business. IRs may sell, give, transfer, or distribute Llynda More products or sales aids only in their home country. In addition, no IR may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or IRs; or (c) conduct any other activity for the purpose of selling Llynda More products, establishing a marketing organization, or promoting the Llynda More opportunity.
EXCESS INVENTORY AND BONUS BUYING
IRs should not purchase more products than they can reasonably use or sell to Customers, and must not influence any other IR to buy more products than they can reasonably use or sell to Customer. Bonus buying is discouraged which includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product purchases.
ADHERENCE TO LAWS AND ORDINANCES
IRs shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to IRs because of the nature of their business. However, IRs must obey those laws that do apply to them. If a city or county official tells an IR that an ordinance applies to him or her, the IR shall be polite and cooperative, and immediately send a copy of the ordinance to the LMB office.
ONE LLYNDA MORE BUSINESS PER IR AND PER HOUSEHOLD
An IR may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Llynda More business. No individual may have, operate or receive compensation, directly or indirectly, from more than one Llynda More business. Individuals of the same Household may not enter into or have an interest in more than one Llynda More Business. A “Household” is defined as spouses, and dependent children living at or doing business at the same address. In order to maintain the integrity of the Llynda More Compensation Plan, husbands and wives or common-law couples (collectively “spouses”) who wish to become Llynda More IRs will constitute one Llynda More business. Each individual or entity in a jointly held business shall be jointly and severally bound by the terms and obligations of the Agreement. Spouses, regardless of whether one or both are signatories to the IR Agreement, may not own or operate any other Llynda More business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or have any other legal or equitable ownership) in the ownership or management of another Llynda More business in any form. An exception to the one business per IR/household rule will be considered on a case-by-case basis if two IRs marry or in cases of an IR receiving an interest in another business through inheritance. Requests for exceptions to policy must be submitted in writing to LMB.
SALE, TRANSFER OR ASSIGNMENT OF LLYNDA MORE BUSINESS
Although a Llynda More business is a privately-owned and independently-operated business, the sale, transfer or assignment of a Llynda More business, and the sale, transfer, or assignment of an interest in a Business Entity that owns or operates a Llynda More business, is subject to certain limitations. If an IR wishes to sell his or her Llynda More business, or interest in a Business Entity that owns or operates a Llynda More business, the following criteria must be met:
• The selling IR must offer LMB the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. LMB shall have fifteen (15) days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
• The buyer or transferee must become a qualified Llynda More IR. If the buyer is an active Llynda More IR, he or she must first terminate his or her Llynda More business and wait six calendar months before acquiring any interest in a different Llynda More business.
• Before the sale, transfer or assignment can be finalized and approved by LMB, any debt obligations the selling party has with LMB must be satisfied.
• The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a Llynda More business. Prior to selling an independent Llynda More business or Business Entity interest, the selling IR must notify LMB in writing and advise of his or her intent to sell his/her Llynda More business or Business Entity interest. The selling IR must also receive written approval from the Compliance Department before proceeding with the sale. No changes in line of Sponsor can result from the sale or transfer of a Llynda More business.
Upon the death or incapacitation of an IR, the business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever a Llynda More business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased IR’s marketing organization provided the following qualifications are met. The successor(s) must:
• Execute an IR Agreement;
• Comply with terms and provisions of the Agreement;
• The devisee must provide LMB with an “address of record” to which all bonus and commission checks will be sent;
• If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number. LMB will issue all bonus and commission checks and one 1099 to the business entity.
Please use common sense and courtesy when using the telephone for business. IRs should:
• Not make unsolicited calls
• Not use any type of “robo-call” devices
• Respect “Do not call” lists
CHANGE OF ADDRESS, TELEPHONE AND EMAIL ADDRESSES
IRs whose contact information changes must amend their contact information by calling the LMB office and update their profile in their affiliate panel.
CONTINUING DEVELOPMENT OBLIGATIONS AND ONGOING SALES RESPONSIBILITES
Regardless of their level of achievement, IRs have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
LMB values your constructive criticisms and comments. Any comments should be emailed to LMB. While LMB welcomes constructive input, negative comments and remarks made by IRs regarding the Company, its products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other Llynda More IRs and the public. We ask that IRs not make negative remarks about Llynda More, other Llynda More IRs, Llynda More’s products, marketing materials, Compensation Plan, or Llynda More’s directors, officers, or employees. Rather help us to make a better business for everyone with constructive suggestions, aiding the company to grow and for everyone to prosper.
NO TERRITORY RESTRICTIONS
IRs are welcome to sell products anywhere that it is legal to do so.
All IRs who sell merchandise from their inventory must provide their Customers a copy of an official Llynda More sales receipt at the time of the sale. These receipts set forth the customer satisfaction guarantee as well as any consumer protection rights afforded by federal or state law. IRs must maintain all retail sales receipts for a period of two years and furnish them to LMB at the Company’s request. IRs must also inform buyer or their cancelation rights.
BONUSES AND COMMISSIONS QUALIFICATIONS AND ACCRUAL
An IR must be active and in good standing to qualify for bonuses and commissions. So long as an IR complies with the terms of the Agreement, LMB shall pay commissions to such IR in accordance with the Compensation Plan. All commissions owed an IR, regardless of the amount accrued, will be paid upon the cancellation of an IR’s business.
ADJUSTMENT TO BONUSES AND COMMISSIONS FOR RETURNED PRODUCTS
When a product is returned to LMB for a refund or is repurchased by the Company, either of the following may occur at the Company’s discretion: (1) the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered.
HARD COPY COMMISSION CHECKS
At this time, the Company pays commissions via PayPal. No hard copy commission checks or other forms of payment are available. It is the responsibility of the IR to provide an accurate PayPal email to The Company and to update it as necessary.
Access and use of Llynda More’s online reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is” and may be subject to later correction.
PRODUCT REFUNDS, RETURNS AND INVENTORY REPURCHASE REFUND POLICY
Llynda More offers a 100% refund policy to all Customers and IRs. Merchandise must be returned to LMB in undamaged and unused condition, in its original packaging within 14 days from the date on which LMB receives the order. Shipping charges will not be refunded. Merchandise received by Customers or IRs in damaged condition will be replaced by LMB. LMB reserves the rights to replace damaged product immediately or upon return of the damaged product to the Company. In addition to the above refund policy, IRs must verbally disclose to their Customers that they have three (3) business days (five (5) business days for Alaska residents) following the date of the transaction to cancel the sale, and point out to them the notice of right to cancel terms on their sales receipt or order form. Sundays and legal holidays are not “business days.” If an order is canceled while product(s) are in route, please instruct the customer to NOT OPEN the box and return to sender.
RETURN OF INVENTORY AND SALES AIDS BY IRS
Starter Kits, business supplies, and samples are nonrefundable (and non-commissionable). However they may be “gifted” or sold to other Llynda More IRs in good standing. MONTANA RESIDENTS A Montana resident may cancel his or her IR Agreement within 15 days from the date of enrollment, and may return his or her Business Kit or Starter Kit for a full refund within such time period.
PROCEDURES FOR ALL RETURNS
Please use the following procedures for all returns for refund, repurchase, or exchange: • Unless otherwise directed by the Company, merchandise must be returned to LMB by the IR or Customer who purchased it directly from LMB. The address for returns is set forth on the packing slip. • All products to be returned must have a Return Authorization Number which is obtained by calling the LMB office. This Return Authorization Number must be written on each carton returned. • The return is accompanied by:
• The original packing slip with the completed and signed Consumer Return information;
• The product in its original container.
• Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested.
• All returns must be shipped to the return address set forth on the packing slip of the Product. LMB does not accept shipping-collect packages.
• The risk of loss in shipping for returned product shall be on the IR.
• If returned product is not received by the Company’s Distribution Center, it is the responsibility of the IR to trace the shipment.
• Unless otherwise directed by the Company, if an IR is returning merchandise to LMB that was returned to him or her by a personal Customer, the product must be received by LMB within ten (10) days from the date on which the Customer returned the merchandise to the IR, and must be accompanied by the sales receipt the IR gave to the Customer at the time of the sale.
• No refund or replacement of product will be made if the conditions of these procedures are not followed.
DISPUTE RESOLUTION, DISCIPLINARY PROCEEDINGS, AND DISCIPLINARY SANCTIONS
LMB reserves the right to use any of the following methods in handling any Violation of the Agreement or these Policies and Procedures:
• Issuance of a written warning or admonition;
• Requiring the IR to take immediate corrective measures, including but not limited to personally refunding customers who may have been harmed by the IR’s conduct;
• Imposition of a fine, which may be withheld from bonus and commission checks;
• Loss of rights to one or more bonus and commission checks;
• LMB may withhold from an IR all or part of the IR’s bonuses and commissions during the period that LMB is investigating any conduct allegedly in violation of the Agreement. If an IR’s business is cancelled for disciplinary reasons, the IR will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual’s IR Agreement for one or more pay periods; • Involuntary termination of the offender’s IR Agreement;
• Suspension and/or termination of the offending IR’s Llynda More website or website access;
• Any other measure expressly allowed within any provision of the Agreement or which LMB deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IR’s policy violation or contractual breach;
• In situations deemed appropriate by LMB, the Company may institute legal proceedings for monetary and/or equitable relief. In the event that LMB must suspend an IR’s Agreement by the Company, the IR shall have no right or claim to any bonus or commission payments withheld by the Company during the period of suspension. The Company shall be entitled to maintain the suspension period for as long as necessary to fully investigate the facts and events relating to the suspension and to consider the Company’s response.
GRIEVANCES AND COMPLAINTS
When an IR has a grievance or complaint with another IR regarding any practice or conduct in relationship to their respective Llynda More businesses, the complaining IR should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's Sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the LMB office. LMB will review the facts and resolve it.
The Company charges sales tax to customers as required by law for online sales. In states that do not require The Company to collect and remit sales tax, it is the responsibility of the IR to do so.
SHIPMENT, TITLE, AND RISK OF LOSS
All shipments of Products shall be made by the carrier selected by LMB. Title and risk of loss or damage to the Products shall pass to the IR or Customer, as applicable, upon delivery of the Products for shipment to the carrier at LMB’s fulfillment facility, and any claim of loss or damage shall be made by the IR or Customer, as applicable, against such carrier.
INACTIVITY AND CANCELLATION EFFECT OF CANCELLATION
So long as an IR remains active and complies with the terms of the IR Agreement and the Policies & Procedures, LMB shall pay commissions to the IR in accordance with the Compensation Plan. An IR’s bonuses and commissions constitute the entire consideration for the IR's efforts in generating sales and all activities related to generating sales (including building a Team Organization). Following an IR’s non-renewal of his or her IR Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her IR Agreement (all of these methods are collectively referred to as “cancellation”), the former IR shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Company. An IR whose business is cancelled will lose all rights as an IR. An IR whose business is cancelled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
An IR’s violation of any of the terms of the Agreement, including any amendments that may be made by LMB in its sole discretion, may result in any of the sanctions previously listed and including the involuntary cancellation of his or her IR Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the IR’s last known address, email address, or fax number, or to his/her attorney, or when the IR receives actual notice of cancellation, whichever occurs first. LMB reserves the right to terminate all IR Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
A participant in this direct selling plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the IR’s signature, printed name, address, and IR ID Number.
An IR may also voluntarily cancel his or her IR Agreement by failing to pay his or her annual renewal fee.
Any dispute or claim arising from this contract shall be submitted to binding arbitration in the state of Nevada and shall be governed by the laws of Nevada.
• Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.
• Cancel or Cancellation - The termination of an IR’s business. Cancellation may be voluntary, involuntary, through non-renewal or inactivity, or as otherwise provided here-in.
• Customer – An individual or entity who purchases Llynda More products or services from an IR or Llynda More, but who is not an IR.
• Customer Sales – Sales to a Customer.
• External Website – An online property personally owned or controlled by an IR other than the IR’s Personal Website which has been disclosed to LMB in writing, including but not limited to, a company/personal website, blog, Facebook Fan Page, flickr page, YouTube account page or any social networking site.
• Fan Page – Dedicated pages of Social Media websites designed for organizations and businesses, to broadcast information in an official, public manner to people who choose to connect with them. Similar to profiles (timelines), Fan Pages can be enhanced with applications that help the entity communicate and engage with their audiences, and capture new audiences virally through friend recommendations, News Feed stories, etc.
• Household - Spouses and dependent children living at or doing business at the same address.
• Official Llynda More Material - Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by LMB to IRs.
• Personal Volume (PV) - The commissionable value of services and products purchased by: (1) an IR or (2) the IR’s personal Customers.
• Personal Website – A Llynda More -sponsored (yourname.llyndamoreboots.com) website that IRs use to sell and market Llynda More products to Customers.
• Resalable - Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) they are returned to LMB within one year from the date of purchase. Any merchandise that is identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be deemed resalable.
• Social Media - Any type of online media that invites, expedites, or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, Facebook, MySpace, Flickr, Tumblr, Twitter, LinkedIn, and YouTube.