Web Site Terms & Conditions
 

SECTION 1 - INTRODUCTION

  1. SECTION 1 - 1 - Policies and Compensation Plan Incorporated into Affiliate Agreement
    These Policies and Procedures, in their present form and as amended by Marketing Services / Accelerated Results LLC a division of AcceleratedResults LLC, LLC (hereafter "Marketing Services / Accelerated Results LLC" or the "Company"), are incorporated into, and form an integral part of, the Marketing Services / Accelerated Results LLC Affiliate Agreement. It is the responsibility of each Affiliate to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term "Agreement" is used, it collectively refers to the Marketing Services / Accelerated Results LLC Affiliate Agreement, these Policies and Procedures, and the Marketing Services / Accelerated Results LLC Compensation Plan. These documents are incorporated by reference into the Marketing Services / Accelerated Results LLC Affiliate Agreement (all in their current form and as amended by Marketing Services / Accelerated Results LLC).
  2. SECTION 1 - 2 - Changes to the Agreement
    Marketing Services / Accelerated Results LLC reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By entering into the Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that Marketing Services / Accelerated Results LLC elects to make. Amendments shall be effective 30 days after publication of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company's official web site; (2) electronic mail (e-mail); (3) posting in Affiliates' back-offices; (4) inclusion in Company periodicals; or (5) special mailings. The continuation of an Affiliate's Marketing Services / Accelerated Results LLC business, the acceptance of any benefits under the Agreement, or an Affiliate's acceptance of commissions from the sale of Marketing Services / Accelerated Results LLC products or services constitutes acceptance of all amendments.
  3. SECTION 1 - 3 - 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. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
  4. SECTION 1 - 4 - Waiver
    The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Marketing Services / Accelerated Results LLC to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate 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 Marketing Services / Accelerated Results LLC's right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an Affiliate against Marketing Services / Accelerated Results LLC shall not constitute a defense to Marketing Services / Accelerated Results LLC's enforcement of any term or provision of the Agreement.

 

SECTION 2 - BECOMING AN AFFILIATE

  1. SECTION 2 - 1 - Requirements to Become an Affiliate
    To become an Marketing Services / Accelerated Results LLC Affiliate, each applicant must:
    • Be at least 18 years of age;
    • Reside in the United States, a U.S. Territory, or any country that Marketing Services / Accelerated Results LLC has officially announced is open for business;
    • Submit a properly completed Affiliate Agreement to Marketing Services / Accelerated Results LLC;
    • Personally sponsored the sale of a Marketing Services / Accelerated Results LLC service to an end consumer customer.

Until such time as each of the above takes place, and Marketing Services / Accelerated Results LLC has accepted the Affiliate Agreement, an applicant is not an Affiliate. Nonetheless, such an applicant remains bound by the terms and conditions of the Agreement and agrees to abide by them. Marketing Services / Accelerated Results LLC reserves the right to accept or reject any Affiliate Agreement for any reason or no reason.

  1. SECTION 2 - 2 - No Product or Service Purchase Required
    No person is required to purchase Marketing Services / Accelerated Results LLC services, sales aids to become an Affiliate.
  2. SECTION 2 - 3 - Affiliate Benefits
    Once an Affiliate Agreement has been accepted by Marketing Services / Accelerated Results LLC, and the requirements of Section 2.1 have been satisfied, the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to:
    • Promote the Marketing Services / Accelerated Results LLC platform;
    • Participate in the Marketing Services / Accelerated Results LLC Compensation Plan (receive commissions from the sale of Marketing Services / Accelerated Results LLC services, if eligible);
    • Sponsor other individuals as Affiliates into the Marketing Services / Accelerated Results LLC business and thereby, build a Marketing Organization and progress through the Marketing Services / Accelerated Results LLC Compensation Plan;
    • Receive periodic Marketing Services / Accelerated Results LLC literature and other Marketing Services / Accelerated Results LLC communications;
    • Participate in Marketing Services / Accelerated Results LLC-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
    • Participate in promotional and incentive contests and programs sponsored by Marketing Services / Accelerated Results LLC for its Affiliates.
  3. SECTION 2 - 4 - Term and Renewal of Your Independent Marketing Services / Accelerated Results LLC Business The term of the Affiliate Agreement is one year from the date of its acceptance by Marketing Services / Accelerated Results LLC (subject to prior termination or reclassification pursuant to Section 6), and shall automatically renew for successive one year terms unless either party notifies the other party that it does not wish to renew the Agreement. If an affiliate is inactive or has made zero sales within a 6 month period, admin may move affiliate sales under another member at admins discretion.

 

SECTION 3 - OPERATING AN INDEPENDENT MARKETING SERVICES / ACCELERATED RESULTS LLC BUSINESS

1.       SECTION 3 - 1 - Affiliate Marketing
Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official Marketing Services / Accelerated Results LLC agreements and contracts in order to subscribe to or purchase Marketing Services / Accelerated Results LLC services or to become Marketing Services / Accelerated Results LLC Affiliates. Similarly, Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Marketing Services / Accelerated Results LLC Compensation Plan other than those purchases or payments identified as recommended or required in official Marketing Services / Accelerated Results LLC literature.

2.       SECTION 3 - 2 - Advertising

o        SECTION 3 - 2 - 1 - General

All Affiliates shall safeguard and promote the good reputation of Marketing Services / Accelerated Results LLC and its products. The marketing and promotion of Marketing Services / Accelerated Results LLC, the Marketing Services / Accelerated Results LLC opportunity, the Compensation Plan, and Marketing Services / Accelerated Results LLC services must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

Affiliates may develop their own advertising and promotional materials so long as such materials are properly authorized by Marketing Services / Accelerated Results LLC. It is the Affiliate's obligation to ensure that his or her marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way. No income claims or representations may be included in such materials unless a copy of the Marketing Services / Accelerated Results LLC Income Disclosure Statement is incorporated into the advertising or promotional material or the Internet address of the current Income Disclosure Statement is incorporated into the materials.

To promote both the platform and the opportunity Marketing Services / Accelerated Results LLC has to offer, Affiliates must use the sales aids and support materials produced by Marketing Services / Accelerated Results LLC. If Marketing Services / Accelerated Results LLC Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates' good intentions, they may unintentionally violate any number of statutes or regulations affecting the Marketing Services / Accelerated Results LLC business. These violations, although they may be relatively few in number, could jeopardize the Marketing Services / Accelerated Results LLC opportunity for all Affiliates. Accordingly, Affiliates 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 distributor receives specific written approval to use the material, the request shall be deemed denied. The marketing and promotion of Marketing Services / Accelerated Results LLC, the Marketing Services / Accelerated Results LLC opportunity, the Compensation Plan, and the Marketing Services / Accelerated Results LLC platform shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

o        SECTION 3 - 2 - 2 - Trademarks and Copyrights
The name of Marketing Services / Accelerated Results LLC and other names as may be adopted by Marketing Services / Accelerated Results LLC are proprietary trade names, trademarks and service marks of Marketing Services / Accelerated Results LLC (collectively "marks"). As such, these marks are of great value to Marketing Services / Accelerated Results LLC and are supplied to Affiliates for their use only in an expressly authorized manner. Marketing Services / Accelerated Results LLC will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including Marketing Services / Accelerated Results LLC Affiliates, in any unauthorized manner without its prior, written permission. The content of all Company sponsored events is copyrighted material. Affiliates may not produce for sale or distribution any recorded Company events, presentations, and speeches without written permission from Marketing Services / Accelerated Results LLC. Nor may Affiliates reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations. As an independent Affiliate, you may use the Marketing Services / Accelerated Results LLC name in the following manner

        Affiliate's Name
        Independent Marketing Services / Accelerated Results LLC Affiliate

        Example:
        Alice Smith
        Independent Marketing Services / Accelerated Results LLC Affiliate

Affiliates may not use the name "Marketing Services / Accelerated Results LLC" in any form in a team name, a tagline, an external website name, a personal website address or extension, in an email address, as a personal name, or as a nickname. For example, an Affiliate may not secure the domain name Accelerated Results/ Marketing Services, nor may an Affiliate create an email address such as support@millionairemarketingmachine.net. Additionally, an Affiliate may only use the phrase Independent Marketing Services / Accelerated Results LLC Affiliate in telephone greetings or on an answering machine to clearly separate the Affiliate's independent Marketing Services / Accelerated Results LLC business from Marketing Services / Accelerated Results LLC.

o        SECTION 3 - 2 - 3 - Media and Media Inquiries
Affiliates must not attempt to respond to media inquiries regarding Marketing Services / Accelerated Results LLC, its products or services, or their independent Marketing Services / Accelerated Results LLC business. All inquiries by any type of media must be immediately referred to support@millionairemarketingmachine.net. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.

o        SECTION 3 - 2 - 4 - Unsolicited Email
Marketing Services / Accelerated Results LLC does not permit Affiliates to send unsolicited commercial 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 that promotes Marketing Services / Accelerated Results LLC, the Marketing Services / Accelerated Results LLC opportunity, or Marketing Services / Accelerated Results LLC services 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 Affiliate'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 Affiliate receives an opt-out request from a recipient of an email,the Affiliate must forward the opt-out request to the Company.

Marketing Services / Accelerated Results LLC may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that the Company may send such emails and that the Affiliate's physical and email addresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated as a result of such emails sent by the Company.

o        SECTION 3 - 2 - 5 - Unsolicited Faxes
Except as provided in this section, Affiliates may not use or transmit unsolicited faxes in connection with their Marketing Services / Accelerated Results LLC businesses. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Marketing Services / Accelerated Results LLC, its products, its compensation plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Affiliate has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an Affiliate and a person, on the basis of:
(a) an inquiry, application, purchase or transaction by the person regarding products offered by such Affiliate; or
(b) a personal or familial relationship, which relationship has not been previously terminated by either party.

o        SECTION 3 - 2 - 6 - Telephone Directory Listings
Affiliates may list themselves as an "Independent Marketing Services / Accelerated Results LLC Affiliate" in the white or yellow pages of the telephone directory, or with online directories, under their own name. No Affiliate may place telephone or online directory display ads using Marketing Services / Accelerated Results LLC's name or logo. Affiliates may not answer the telephone by saying "Marketing Services / Accelerated Results LLC", "Marketing Services / Accelerated Results LLC Incorporated", or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Marketing Services / Accelerated Results LLC. If an Affiliate wishes to post his or her name in a telephone or online directory, it must be listed in the following format:

Affiliate's Name
Independent Marketing Services / Accelerated Results LLC Affiliate

o        SECTION 3 - 2 - 7 - Television and Radio Advertising
Affiliates may not advertise on television or radio except with Marketing Services / Accelerated Results LLC's express written approval.

3.       SECTION 3 - 3 - Online Conduct

o        SECTION 3 - 3 - 1 - Affiliate Web Sites

Affiliates may create their own websites to promote the Marketing Services / Accelerated Results LLC pportunity and the Company's platform, so long as the website and its content comply with the terms of the Agreement. It is the Affiliate's obligation to ensure that his or her online marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will result in disciplinary action. Misleading tactics include, but are not limited to, spam linking (or blog spam), unethical search engine optimization ("SEO") tactics, misleading click-through ads (i.e. having the display URL of a Pay-Per-Click ("PPC") campaign appear to be directed to an official Marketing Services / Accelerated Results LLC Corporate Site when it in fact goes elsewhere), deceptive or misleading banner ads, and deceptive or misleading press releases. Marketing Services / Accelerated Results LLC will be the sole determinant of truthfulness and whether specific activities are misleading or deceptive.

If there are any income claims or representations contained within an Affiliate's website, there must be a link to the Marketing Services / Accelerated Results LLC Income Disclosure Statement immediately adjacent to any such claim or representation.

o        SECTION 3 - 3 - 2 - Affiliate Website Content
Affiliates are solely responsible and liable for the content, messaging, claims, and information included in their websites and must ensure that it appropriately represents and enhances the Marketing Services / Accelerated Results LLC brand and adheres to the terms of the Agreement. Additionally, such websites must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at Marketing Services / Accelerated Results LLC's sole discretion. The content of any website that promotes the Marketing Services / Accelerated Results LLC opportunity or Marketing Services / Accelerated Results LLC's platform must be suitable for viewing by all persons and age groups. Such websites may not contain any 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, 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.

o        SECTION 3 - 3 - 3 - Independent Affiliate Disclosure
To avoid confusion, each page of an Affiliate's website must prominently disclose that the website is owned and operated by an Independent Marketing Services / Accelerated Results LLC Affiliate and not by the Company. Although Marketing Services / Accelerated Results LLC brand themes and images are desirable for consistency, anyone landing on any page of an Affiliate's website must clearly understand that they are at an Independent Affiliate site, and not an Marketing Services / Accelerated Results LLC Corporate page.

o        SECTION 3 - 3 - 4 - Social Media
Social Media may be used by Affiliates to share information about the Marketing Services / Accelerated Results LLC business opportunity and Marketing Services / Accelerated Results LLC services, provided such information complies with the terms of the Agreement. Profiles an Affiliate generates in any social community where Marketing Services / Accelerated Results LLC is discussed or mentioned must clearly identify the Affiliate as an Independent Marketing Services / Accelerated Results LLC Affiliate and not as an employee, agent, or corporate representative of the Company. No income claims or representations may be made when participating in a social networking site unless a link to the Company's current Income Disclosure Statement is provided.

4.       SECTION 3 - 4 - Change of Sponsor
An Affiliate may only have one sponsor. Marketing Services / Accelerated Results LLC prohibits changes in sponsorship except as provided below.

o        SECTION 3 - 4 - 1 - Cancellation and Re-application
An Affiliate may legitimately change his or her Sponsor by voluntarily canceling his or her Affiliate Agreement and remaining inactive (i.e., no promotion or sponsor of sales of Marketing Services / Accelerated Results LLC products or services, no sponsoring, no attendance at any Marketing Services / Accelerated Results LLC functions, no participation in any other form of Affiliate activity, no operation of any other Marketing Services / Accelerated Results LLC business, and no income from the Marketing Services / Accelerated Results LLC business) for six (6) full calendar months. Following the six month period of inactivity, the former Affiliate may reapply under a new Sponsor. In that event, the former Affiliate's Marketing Organization will remain in the original line of sponsorship. Marketing Services / Accelerated Results LLC will consider waiving the six month waiting period under exceptional circumstances. Such requests for waiver must be submitted to Marketing Services / Accelerated Results LLC in writing.

5.       SECTION 3 - 5 - Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an Affiliate, Marketing Services / Accelerated Results LLC reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, AFFILIATES WAIVE ANY AND ALL CLAIMS AGAINST MARKETING SERVICES / ACCELERATED RESULTS LLC, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM MARKETING SERVICES / ACCELERATED RESULTS LLC'S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.

6.       SECTION 3 - 6 - Unauthorized Claims and Actions

o        SECTION 3 - 6 - 1 - Indemnification
An Affiliate is fully responsible for all of his or her verbal and written statements made regarding Marketing Services / Accelerated Results LLC services and the Compensation Plan which are not expressly contained in official Marketing Services / Accelerated Results LLC 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. Affiliates agree to indemnify Marketing Services / Accelerated Results LLC and Marketing Services / Accelerated Results LLC's directors, officers, managers, members, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Marketing Services / Accelerated Results LLC as a result of the Affiliate's unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.

o        SECTION 3 - 6 - 2 - Income Claims
An Affiliate, when presenting or discussing the Marketing Services / Accelerated Results LLC opportunity or Compensation Plan to a prospective Affiliate, may not make income projections, income claims, or disclose his or her Marketing Services / Accelerated Results LLC income (including the showing of checks, copies of checks, bank statements, or tax records) unless, at the time the presentation is made, the Affiliate provides a current copy of the Marketing Services / Accelerated Results LLC Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.

o        SECTION 3 - 6 - 3 - Income Disclosure Statement
The Marketing Services / Accelerated Results LLC Income Disclosure Statement ("IDS") is designed to convey truthful, timely, and comprehensive information regarding the income that Marketing Services / Accelerated Results LLC Affiliates earn. In order to accomplish this objective, a copy of the IDS must be presented to a prospective Affiliate (someone who is not a party to a current Marketing Services / Accelerated Results LLC Affiliate 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") include: (1) statements of actual earnings, (2) statements of projected earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims.

A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of "opportunity" or "possibility" or "chance." Claims such as "My Marketing Services / Accelerated Results LLC income exceeded my salary after six months in the business," or "Our Marketing Services / Accelerated Results LLC business has allowed my wife to come home and be a full-time mom" also fall within the purview of "lifestyle" claims.

In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective Affiliate or Affiliates in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claims is made, you must provide every prospective Affiliate with a copy of the. In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.

Copies of the IDS may be printed or downloaded without charge from the Affiliate Back Office.

Affiliates who develop sales aids and tools in which the Compensation Plan or income claims are present must incorporate the IDS into each such sales aid or tool prior to distribution to prospective Affiliates.

7.       SECTION 3 - 7 - Conflicts of Interest

o        SECTION 3 - 7 - 1 - Non solicitation
Marketing Services / Accelerated Results LLC Affiliates are free to participate in other affiliate, multilevel or network marketing business ventures or marketing opportunities. However, such Affiliates agree that they shall not, during the term of this Agreement and following its termination for any reason, use Marketing Services / Accelerated Results LLC's confidential or trade secret information to solicit or recruit any person or entity to participate in any such venture. Nor shall an Affiliate use any such confidential and proprietary trade secret information in any way in association with such Affiliate's participation in any other affiliate, multilevel or network marketing venture.

o        SECTION 3 - 7 - 2 - Confidential Information
"Confidential Information" includes, but is not limited to, customer and Affiliate lists, the identities of Marketing Services / Accelerated Results LLC customers and Affiliates, contact information of Marketing Services / Accelerated Results LLC customers and Affiliates, and Affiliates' personal and downline sales information. Confidential Information is, or may be available, to Affiliates in their respective back-offices. Affiliate access to such Confidential Information is password protected, is confidential, and constitutes proprietary information and business trade secrets belonging to Marketing Services / Accelerated Results LLC. Such Confidential Information is provided to Affiliates in strictest confidence and is made available to Affiliates for the sole purpose of assisting Affiliates in working with their respective Marketing Organizations in the development of their Marketing Services / Accelerated Results LLC business. Affiliates may not use any Confidential Information for any purpose other than for developing their independent Marketing Services / Accelerated Results LLC businesses. When an Affiliate participates in other direct selling or multilevel marketing ventures, the Affiliate may not have access to certain Confidential Information, including, but not limited to, customer or Affiliate lists. Affiliates should use the Confidential Information to assist, motivate, and train their downline Affiliates, and for no other purpose. In so doing, an Affiliate may not disclose the Confidential Information to any third party, including, without limitation, his or her downline Affiliates. The Affiliate and Marketing Services / Accelerated Results LLC agree that, but for this agreement of confidentiality and nondisclosure, Marketing Services / Accelerated Results LLC would not provide Confidential Information to the Affiliate.

To protect the Confidential Information, an Affiliate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:

o        Directly or indirectly disclose any Confidential Information to any third party;

o        Directly or indirectly disclose the password or other access code to his or her back-office;

o        Use any Confidential Information to compete with Marketing Services / Accelerated Results LLC or for any purpose other than promoting his or her Marketing Services / Accelerated Results LLC business; or

o        Recruit or solicit any Affiliate or customer of Marketing Services / Accelerated Results LLC listed on any report or in the Affiliate's back-office, or in any manner attempt to influence or induce any Affiliate or customer of Marketing Services / Accelerated Results LLC, to alter their business relationship with Marketing Services / Accelerated Results LLC.

The obligation of an Affiliate to not disclose any Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether an Affiliate's Agreement has been terminated, or whether the Affiliate is or is not otherwise affiliated with the Company.

8.       SECTION 3 - 8 - Recruiting and Soliciting Other Direct Sellers
When recruiting or soliciting participants in other direct selling ventures to either purchase Marketing Services / Accelerated Results LLC services or to participate in the Marketing Services / Accelerated Results LLC opportunity, Affiliates must not encourage such persons to terminate or violate any term or condition of any agreements that they may have with other direct selling companies. Should an Affiliate engage in such activity, the Affiliate bears the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against an Affiliate alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Marketing Services / Accelerated Results LLC will not pay any of the Affiliate's defense costs or legal fees, nor will Marketing Services / Accelerated Results LLC indemnify the Affiliate for any judgment, award, or settlement.

9.       SECTION 3 - 9 - Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions, genealogy lists, or charges, the Affiliate must notify Marketing Services / Accelerated Results LLC in writing within 60 days of the date of the purported error or incident in question. Marketing Services / Accelerated Results LLC will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.

10.    SECTION 3 - 10 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Affiliates shall not represent or imply that Marketing Services / Accelerated Results LLC or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.

11.    SECTION 3 - 11 - Income Taxes
Each Affiliate is responsible for paying local, state and federal taxes on any income generated as an Independent Affiliate. Marketing Services / Accelerated Results LLC cannot provide Affiliates with any personal tax advice. Affiliates should consult with their own tax accountant, tax attorney, or other tax professional.

12.    SECTION 3 - 12 - Independent Contractor Status
Affiliates are independent business owners. The agreement between Marketing Services / Accelerated Results LLC and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. Affiliates shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. The Affiliate has no authority (expressed or implied), to bind the Company to any obligation. Each Affiliate shall establish his or her own goals, hours, and methods of sales promotion, so long as he or she complies with the terms of the Affiliate Agreement, these Policies and Procedures, and applicable laws.

13.    SECTION 3 - 13 - International Marketing
Affiliates are authorized to sponsor the sale of Marketing Services / Accelerated Results LLC services, and enroll Affiliates only in the countries in which Marketing Services / Accelerated Results LLC is authorized to conduct business, as announced in official Company literature. In addition, no Affiliate may, in any unauthorized country:
(a) conduct sales, enrollment or training meetings;
(b) enroll or attempt to enroll potential customers or Affiliates; or
(c) conduct any other activity for the purpose of sponsoring the sale of Marketing Services / Accelerated Results LLC products or services, establishing a Marketing Organization, or promoting the Marketing Services / Accelerated Results LLC opportunity.

14.    SECTION 3 - 14 - Bonus Buying
All forms of Bonus buying are strictly prohibited. Therefore, Affiliates agree that they shall not purchase Marketing Services / Accelerated Results LLC products or services for the sole purpose of qualifying for compensation under the Compensation Plan. Nor shall any Affiliate influence or attempt to influence any other Affiliate to do the same. Bonus buying also includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by end user consumers.

15.    SECTION 3 - 15 - Adherence to Laws and Ordinances
Affiliates 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 Affiliates because of the nature of their business. However, Affiliates must obey those laws that do apply to them. If a city or county official tells an Affiliate that an ordinance applies to him or her, the Affiliate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Marketing Services / Accelerated Results LLC.

16.    SECTION 3 - 16 - One Marketing Services / Accelerated Results LLC Business Per Affiliate and Per Household
An Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Marketing Services / Accelerated Results LLC business. No individual may have, operate or receive compensation from more than one Marketing Services / Accelerated Results LLC business. Individuals of the same Household may not enter into or have an interest in more than one Marketing Services / Accelerated Results LLC Business. A "Household" is defined as all individuals who are living at or doing business at the same address, and who are related by blood, marriage, domestic partnership, or adoption, or who are living together as a family unit or in a family-like setting. In order to maintain the integrity of the Marketing Services / Accelerated Results LLC Compensation Plan, husbands and wives, domestic partnerships, or common-law couples (collectively referred to herein as "spouses") who wish to become Marketing Services / Accelerated Results LLC Affiliates must be jointly sponsored as one Marketing Services / Accelerated Results LLC business. Spouses, regardless of whether one or both are signatories to the Affiliate Agreement, may not own or operate any other Marketing Services / Accelerated Results LLC 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 Marketing Services / Accelerated Results LLC business in any form. An exception to the one business per Affiliate/Household rule will be considered on a case by case basis if two Affiliates get married or move in together, or in cases of an Affiliate receiving an interest in another business through inheritance. Requests for exceptions to policy must be submitted in writing to the Legal Department (support@millionairemarketingmachine.net).

17.    SECTION 3 - 17 - Actions of Household Members or Affiliated Parties
If any member of an Affiliate's immediate household engages in any activity which, if performed by the Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and Marketing Services / Accelerated Results LLC may take disciplinary action pursuant to these Policies and Procedures against the Affiliate. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively "Business Entity") violates the Agreement, such action (s) will be deemed a violation by the Business Entity, and Marketing Services / Accelerated Results LLC may take disciplinary action against the Business Entity. Likewise, if an Affiliate enrolls in Marketing Services / Accelerated Results LLC as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.

18.    SECTION 3 - 18 - Sale, Transfer or Assignment of an Independent Marketing Services / Accelerated Results LLC Business
Although an Marketing Services / Accelerated Results LLC business is an independently operated business, the sale, transfer or assignment of an Marketing Services / Accelerated Results LLC business is subject to certain limitations. If an Affiliate wishes to sell his or her Marketing Services / Accelerated Results LLC business, the selling Affiliate must offer Marketing Services / Accelerated Results LLC the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. Marketing Services / Accelerated Results LLC shall have fifteen days from the date of receipt of the written offer from the seller to exercise its right of first refusal. If Marketing Services / Accelerated Results LLC elects not to purchase the business, the following criteria must be met:

o        The selling Affiliate must submit a $1,500 transfer fee to the Company to reimburse it for its expenses associated with the transaction.

o        The buyer or transferee must become a qualified Marketing Services / Accelerated Results LLC Affiliate. If the buyer is an active Marketing Services / Accelerated Results LLC Affiliate, he or she must first terminate his or her Marketing Services / Accelerated Results LLC business and wait six calendar months before acquiring any interest in a different Marketing Services / Accelerated Results LLC business.

o        Before the sale, transfer or assignment can be finalized and approved by Marketing Services / Accelerated Results LLC, any debt obligations the selling party has with Marketing Services / Accelerated Results LLC must be satisfied.

o        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 an Marketing Services / Accelerated Results LLC business.

Prior to selling an independent Marketing Services / Accelerated Results LLC business or Business Entity interest, the selling Affiliate must notify Marketing Services / Accelerated Results LLC's Compliance Department in writing and advise of his or her intent to sell his or her Marketing Services / Accelerated Results LLC business or Business Entity interest. The selling Affiliate must receive written approval from Marketing Services / Accelerated Results LLC before proceeding with the sale. Before the sale is approved (whether to Marketing Services / Accelerated Results LLC or a third party), in order to protect the interests of the buyer, the selling Affiliate must execute a 24 month non-competition agreement with the buyer. The geographic scope of such non-competition agreement shall be limited to the geographic area in which the subject business is operated prior to the sale. No changes in line of sponsorship can result from the sale or transfer of an Marketing Services / Accelerated Results LLC business.

19.    SECTION 3 - 19 - Separation of an Marketing Services / Accelerated Results LLC Business
Marketing Services / Accelerated Results LLC Affiliates sometimes operate their Marketing Services / Accelerated Results LLC businesses as husband-wife partnerships, regular partnerships, LLCs, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, LLC, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:

o        One of the parties may, with consent of the other(s), operate the Marketing Services / Accelerated Results LLC business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Marketing Services / Accelerated Results LLC to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.

o        The parties may continue to operate the Marketing Services / Accelerated Results LLC business jointly on a "business-as-usual" basis, whereupon all compensation paid by Marketing Services / Accelerated Results LLC will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.

Under no circumstances will the Marketing Organization of divorcing spouses or a dissolving business entity be divided. Marketing Services / Accelerated Results LLC will recognize only one Marketing Organization. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the Affiliate Agreement shall be involuntarily canceled.

If a former spouse or former Business Entity partner, shareholder, or member has completely relinquished all rights in the original Marketing Services / Accelerated Results LLC business pursuant to a divorce or Business Entity dissolution, he or she is thereafter free to enroll under any Sponsor of his or her choosing without waiting six calendar months. In such event, the former spouse or former partner, shareholder or member shall have no rights to any Affiliates in their former Marketing Organization or to any former customer. They must develop the new business in the same manner as would any other new Affiliate.

20.    SECTION 3 - 20 - Sponsoring Online
When sponsoring a new Affiliate through the online enrollment process, the Sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the Affiliate Agreement. The Sponsor may not fill out or submit the Affiliate Agreement on behalf of the applicant.

21.    SECTION 3 - 21 - Death or Incapacity of an Affiliate
The Affiliate Agreement is a contract for personal services. Upon the death or incapacitation of an Affiliate (as determined by Marketing Services / Accelerated Results LLC at its sole and absolute discretion), the Affiliate Agreement shall automatically terminate.

22.    SECTION 3 - 22 - Telemarketing Techniques

The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have "do not call" regulations as part of their telemarketing laws. Although Marketing Services / Accelerated Results LLC does not consider Affiliates to be "telemarketers" in the traditional sense of the word, these government regulations broadly define the term "telemarketer" and "telemarketing" so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.

Therefore, Affiliates must not engage in telemarketing in the operation of their Marketing Services / Accelerated Results LLC businesses. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of an Marketing Services / Accelerated Results LLC service, or to recruit them for the Marketing Services / Accelerated Results LLC opportunity. "Cold calls" made to prospective customers or Affiliates that promote either Marketing Services / Accelerated Results LLC's products or services or the Marketing Services / Accelerated Results LLC opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Affiliate (a "prospect") is permissible under the following situations:

o        If the Affiliate has an established business relationship with the prospect. An "established business relationship" is a relationship between an Affiliate and a prospect based on the prospect's purchase, rental, or lease of goods or services from the Affiliate, or a financial transaction between the prospect and the Affiliate, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.

o        In response to a prospect's personal inquiry or application regarding a product or service offered by the Affiliate, within the three (3) months immediately preceding the date of such a call.

o        If the Affiliate receives written and signed permission from the prospect authorizing the Affiliate to call. The authorization must specify the telephone number(s) which the Affiliate is authorized to call.

o        If the prospect is a family member, a personal friend, or an acquaintance. An "acquaintance" is someone with whom an Affiliate has at least a recent firsthand relationship within the preceding three months. Bear in mind, however, that if an Affiliate engages in "card collecting" with everyone the Affiliate meets and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if an Affiliate engages in calling "acquaintances," the Affiliate must make such calls on an occasional basis only and not make this a routine practice.

Affiliates shall not use automatic telephone dialing systems or software relative to the operation of their Marketing Services / Accelerated Results LLC businesses. Affiliates shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a "robocall") regarding or relating to the Marketing Services / Accelerated Results LLC products, services or opportunity.

23.    SECTION 3 - 23 - Back Office Access
Marketing Services / Accelerated Results LLC makes online back offices available to its Affiliates. Back offices provide Affiliates access to confidential and proprietary information that may be used solely and exclusively to promote the development of an Affiliate's Marketing Services / Accelerated Results LLC business and to increase sales of Marketing Services / Accelerated Results LLC products. However, access to a back office is a privilege, and not a right. Marketing Services / Accelerated Results LLC reserves the right to deny Affiliates' access to the back office at its sole discretion.

24.    SECTION 3 - 24 - Change of Contact Information
To ensure timely delivery of products, support materials, commissions, and tax documents, it is important that Marketing Services / Accelerated Results LLC's files are current. Street addresses are required for shipping. Affiliates planning to change any of their contact information or move must update their contact information via the Back Office function of the Marketing Services / Accelerated Results LLC website. To guarantee proper delivery, two weeks advance notice must be provided to Marketing Services / Accelerated Results LLC on all changes.

25.    SECTION 3 - 25 - Continuing Development Obligations

o        SECTION 3 - 25 - 1 - Ongoing Training
Any Affiliate who sponsors another Affiliate into Marketing Services / Accelerated Results LLC must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Marketing Services / Accelerated Results LLC business. Affiliates must have ongoing contact and communication with the Affiliates in their Marketing Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline Affiliates to Marketing Services / Accelerated Results LLC meetings, training sessions, and other functions. Upline Affiliates are also responsible to motivate and train new Affiliates in Marketing Services / Accelerated Results LLC product knowledge, effective sales techniques, the Marketing Services / Accelerated Results LLC Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of downline Affiliates must not, however, violate Sections 3.1 and/or 3.2 (regarding the development of Affiliate-produced sales aids and promotional materials). Affiliates should monitor the Affiliates in their Marketing Organizations to guard against downline Affiliates making improper product or business claims, or engaging in any illegal or inappropriate conduct.

o        SECTION 3 - 25 - 2 - Increased Training Responsibilities As Affiliates progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Marketing Services / Accelerated Results LLC program. They will be called upon to share this knowledge with lesser experienced Affiliates within their Marketing Organization.

26.    SECTION 3 - 26 - Nondisparagement
Marketing Services / Accelerated Results LLC values constructive criticisms and comments from Affiliates. All such comments should be submitted in writing to the Legal Department (support@millionairemarketingmachine.net). While Marketing Services / Accelerated Results LLC welcomes constructive input, negative comments and remarks made in the field by Affiliates about the Company, its products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other Marketing Services / Accelerated Results LLC Affiliates. For this reason, and to set the proper example for their Marketing Organizations, Affiliates must not disparage, demean, or make negative remarks about Marketing Services / Accelerated Results LLC, other Marketing Services / Accelerated Results LLC Affiliates, Marketing Services / Accelerated Results LLC's products, the Compensation Plan, or Marketing Services / Accelerated Results LLC's directors, officers, or employees.

27.    SECTION 3 - 27 - Product Sales and Commissions
The Marketing Services / Accelerated Results LLC Compensation Plan is based on the sale of the Marketing Services / Accelerated Results LLC platform to end consumers. Affiliates must fulfill personal sales requirements as specified in the Marketing Services / Accelerated Results LLC Compensation Plan (as well as meet other responsibilities set forth in the Agreement) to be eligible to earn commissions from the sale of the Marketing Services / Accelerated Results LLC platform. All commissions are paid directly to eligible Affiliates through the payment processing accounts that each Affiliate must activate.

28.    SECTION 3 - 28 - Refunds
Marketing Services / Accelerated Results LLC does not offer refunds of any kind because of the proprietary information delivered instantly.

29.    SECTION 3 - 29 - Reports

All information provided by Marketing Services / Accelerated Results LLC in downline activity or downline genealogy reports, including but not limited to downline sales information and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by Marketing Services / Accelerated Results LLC or any persons creating or transmitting the information.

ALL PERSONAL AND DOWNLINE SALES INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MARKETING SERVICES / ACCELERATED RESULTS LLC AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY AFFILIATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR DOWNLINE SALES INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF MARKETING SERVICES / ACCELERATED RESULTS LLC OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETING SERVICES / ACCELERATED RESULTS LLC OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT,NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

Access to and use of Marketing Services / Accelerated Results LLC's online reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Marketing Services / Accelerated Results LLC's online reporting services and your reliance upon the information.

 

SECTION 4 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

  1. SECTION 4 - 1 - Disciplinary Sanctions
    Violation of any term of the Agreement or the violation of any common law duty, including but not limited to any applicable duty of loyalty, or any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Affiliate that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the Affiliate's Marketing Services / Accelerated Results LLC business), may result, at Marketing Services / Accelerated Results LLC's discretion, in one or more of the following corrective measures:
    • Issuance of a written warning or admonition;
    • Requiring the Affiliate to take immediate corrective measures;
    • Suspension of the individual's Affiliate Agreement for one or more pay periods;
    • Transfer or removal of some or all of an Affiliate's downline Affiliates from the offending Affiliate's Marketing Organization;
    • Involuntary termination of the offender's Affiliate Agreement;
    • Suspension and/or termination of the offending Affiliate's ability to access the Marketing Services / Accelerated Results LLC website Back Office; or
    • Any other measure expressly allowed within any provision of the Agreement or which Marketing Services / Accelerated Results LLC deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate's policy violation or contractual breach.

In situations deemed appropriate by Marketing Services / Accelerated Results LLC, the Company may institute legal proceedings for monetary and/or equitable relief.

  1. SECTION 4 - 2 - Grievances and Complaints
    When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective Marketing Services / Accelerated Results LLC businesses, the complaining Affiliate 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 upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Affiliate Services Department at the Company. The Affiliate Services Department will review the facts and attempt to resolve it.
  2. SECTION 4 - 3 - Mediation
    Prior to instituting an arbitration as provided in Section 4.4 below, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. If the parties cannot agree on a mediator within 14 days from the date that a party submits a written request for mediation, the complaining party shall apply to Judicate West (www.judicatewest.com) to appoint a mediator. The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator's fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorneys fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in the City of San Diego, California and shall last no more than two business days.
  3. SECTION 4 - 4 - Arbitration

If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, Judicate West under its rules and procedures. The Judicate West Arbitration Rules of Procedures are available at www.judicatewest.com/library/rules. Copies of Judicate West Arbitration Rules of Procedures will be emailed to Affiliates upon request to Marketing Services / Accelerated Results LLC's Legal Department(support@millionairemarketingmachine.net).

Notwithstanding the rules of Judicate West, the following shall apply to all Arbitration actions:

    • The Federal Rules of Evidence shall apply in all cases;
    • The parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
    • The parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
    • The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days; and
    • The parties shall be allotted equal time to present their respective cases, including cross-examinations.

All arbitration proceedings shall be held in San Diego, California. There shall be one arbitrator selected from the panel that Judicate West provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.

The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:

    • The substance of, or basis for, the controversy, dispute, or claim;
    • The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
    • The terms or amount of any arbitration award; or
    • The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.

Notwithstanding the foregoing, nothing in the Agreement shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment,a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect its intellectual property rights and/or to enforce its rights under the nonsolicitation provision of the Agreement.

  1. SECTION 4 - 5 - Governing Law, Jurisdiction and Venue
    Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in San Diego County, State of California. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of California shall govern all other matters relating to or arising from the Agreement.

    SECTION 4 - 5 - 1 - Louisiana Residents
    Notwithstanding the foregoing, and the mediation and arbitration provisions in Sections 4.3 and 4.4, residents of the State of Louisiana shall be entitled to bring an action against Marketing Services / Accelerated Results LLC in their home forum and pursuant to Louisiana law.

 

 

 

SECTION 5 - CANCELLATION OF THE AGREEMENT AND RECLASSIFICATION

 

  1. SECTION 5 - 1 - Effect of Cancellation

So long as an Affiliate remains active and complies with the terms of the Agreement, Marketing Services / Accelerated Results LLC shall pay commissions to such Affiliate in accordance with the Compensation Plan. An Affiliate's commissions constitute the entire consideration for the Affiliate's efforts in generating sales of Marketing Services / Accelerated Results LLC services and all activities related to generating such sales (including building a Marketing Organization). Following an Affiliate's non-renewal of his or her Affiliate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Affiliate Agreement (all of these methods are collectively referred to as "cancellation"), the former Affiliate shall have no right, title, claim or interest to the Marketing Organization which he or she operated, or any commission from the sales generated by any Affiliate in the organization. An Affiliate whose business is cancelled will lose all rights as an Affiliate. This includes the right to sponsor the sale of the Marketing Services / Accelerated Results LLC platform and the right to receive future commissions, bonuses, or other income resulting from the sales sponsored by other Affiliates in the Affiliate's former Marketing Organization. In the event of cancellation, Affiliates agree to waive all rights they may have, including but not limited to property rights, to their former Marketing Organization and to any bonuses, commissions or other remuneration derived from the sales of Marketing Services / Accelerated Results LLC services sponsored by any of the Affiliates in his or her former Marketing Organization.

Following an Affiliate's cancellation of his or her Affiliate Agreement, the former Affiliate shall not hold himself or herself out as an Marketing Services / Accelerated Results LLC Affiliate and shall not have the right to sponsor the sale of Marketing Services / Accelerated Results LLC products or services. An Affiliate whose Affiliate Agreement is canceled 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).

  1. SECTION 5 - 2 - Cancellation Due to Inactivity
    • SECTION 5 - 2 - 1 - Failure to Earn Commissions
      If an Affiliate has not earned a commission for 90 days (and thus become "inactive"), his or her Affiliate Agreement shall be canceled for inactivity.
    • SECTION 5 - 2 - 2 - Reclassification Following Cancellation Due to Inactivity
      If an Affiliate's Agreement is cancelled due to inactivity and he or she has an active subscription to any of the Company's subscription-based products or services, such subscription(s) shall remain in force and the former Affiliate shall be reclassified as a customer.
  2. SECTION 5 - 3 - Involuntary Cancellation
    An Affiliate's violation of any of the terms of the Agreement, including any amendments that may be made by Marketing Services / Accelerated Results LLC in its sole discretion, may result in any of the sanctions listed in Section 4.1, including the involuntary cancellation of his or her Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Affiliate's last known address, email address, or fax number, or to his or her attorney, or when the Affiliate receives actual notice of cancellation, whichever occurs first. Marketing Services / Accelerated Results LLC reserves the right to terminate all Affiliate 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.
  3. SECTION 5 - 4 - Voluntary Cancellation

A participant in this affiliate marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the Affiliate's signature, printed name, address, and Affiliate I.D. Number.

If such a former Affiliate has an active subscription to any of the Company's subscription-based products or services, such subscription(s) shall remain in force and the former Affiliate shall be reclassified as a customer, unless the Affiliate also specifically requests that his or her subscription(s) also be canceled.

  1. SECTION 5 - 5 - Non-renewal
    An Affiliate may also voluntarily cancel his or her Affiliate Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew an Affiliate's Agreement upon its anniversary date.

 

SECTION 6 DEFINITIONS

 

  • Active Affiliate An Affiliate who has received a commission during the preceding 90 days.
  • Agreement The contract between the Company and each Affiliate includes the Affiliate Agreement, the Marketing Services / Accelerated Results LLC Policies and Procedures, and the Marketing Services / Accelerated Results LLC Compensation Plan, all in their current form and as amended by Marketing Services / Accelerated Results LLC in its sole discretion. These documents are collectively referred to as the "Agreement."
  • Business Entity A corporation, partnership, trust, limited liability company, or other type of entity.
  • Cancel The termination of an Affiliate's business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
  • Customer An individual or entity that purchases Marketing Services / Accelerated Results LLC products or services from an Affiliate, but who is not an Affiliate, or an immediate household family member of an Affiliate.
  • Household All individuals who are living at or doing business at the same address, and who are related by blood or marriage, or who are living together as a family unit or in a family-like setting. A household includes, but is not limited to, spouses, headsof-household, and dependent family members residing in the same residence.
  • Immediate Household Spouses, heads-of-household, and dependent family members residing in the same residence.
  • Marketing Organization The Affiliates sponsored below a particular Affiliate make up such Affiliate's Marketing Organization.
  • Official Marketing Services / Accelerated Results LLC Material Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by Marketing Services / Accelerated Results LLC to Affiliates.
  • Recruit For purposes of Marketing Services / Accelerated Results LLC's Conflict of Interest Policy (Section 3.7), the term "Recruit" means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Marketing Services / Accelerated Results LLC Affiliate or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
  • Customer Sales Sales to customers. (See the definition of "Customer" above).
  • 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, chat rooms, Facebook, MySpace, Twitter, LinkedIn, Delicious, and YouTube.
  • Sponsor An Affiliate who enrolls another Affiliate into Marketing Services / Accelerated Results LLC, and is listed as the Sponsor on the Affiliate Agreement. The act of enrolling others and training them to become Affiliates is called "sponsoring."
  • Upline This term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Affiliate to the Company.

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         2. Use of the Site.

         You understand that, except for information, products or services clearly identified as being supplied by Marketing Services / Accelerated Results LLC, Marketing Services / Accelerated Results LLC does not operate, control or endorse any information, products or services on the Internet in any way. Except for Marketing Services / Accelerated Results LLC- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Marketing Services / Accelerated Results LLC a. You also understand that Marketing Services / Accelerated Results LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

         YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Marketing Services / Accelerated Results LLC PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Marketing Services / Accelerated Results LLC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Marketing Services / Accelerated Results LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

         YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Marketing Services / Accelerated Results LLC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

          

         LIMITATION OF LIABILITY
 

         IN NO EVENT WILL Marketing Services / Accelerated Results LLC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Marketing Services / Accelerated Results LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Marketing Services / Accelerated Results LLC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

         Marketing Services / Accelerated Results LLC makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Marketing Services / Accelerated Results LLC web site, please understand that it is independent from Marketing Services / Accelerated Results LLC, and that Marketing Services / Accelerated Results LLC has no control over the content on that web site. In addition, a link to a Marketing Services / Accelerated Results LLC web site does not mean that Marketing Services / Accelerated Results LLC endorses or accepts any responsibility for the content, or the use, of such web site.

         Additional Indemnification.

         You agree to indemnify, defend and hold harmless Marketing Services / Accelerated Results LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

         4. Third Party Rights.

         The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Marketing Services / Accelerated Results LLC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

         5.Term; Termination.

         This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

         6.Miscellaneous.

         This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Marketing Services / Accelerated Results LLC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Marketing Services / Accelerated Results LLC failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Marketing Services / Accelerated Results LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

         Any rights not expressly granted herein are reserved.