Policy & Disclaimer
FLOURNOY FINANCIAL SERVICES STATEMENT OF POLICIES AND PROCEDURES
Code of Ethics
As an Independent Independent Affiliate Partner of Flournoy Financial Group (hereinafter "FFG" or "the Company") I hereby promise and agree that:
1. I will be honest and forthright in all my transactions while acting as an Independent Affiliate Partner, and will perform all activities in a manner that will enhance my reputation and the reputation of FFG.
2. I will not engage in any illegal or deceptive practice.
3. I will be courteous and respect the time and privacy of everyone I contact or solicit in the course of my FFG business. I recognize that FFG’s policies anticipate and require the highest ethical conduct of FFG Independent Affiliate Partners in all their FFG business dealings.
4. I will fulfill my leadership responsibilities as a Sponsor, including training and providing support to the Independent Affiliate Partners in my organization. I understand that the people I sponsor will have an increased opportunity for success in FFG when they receive ongoing training and support.
5. I will make no income claims or representations regarding the FFG compensation plan, except those in FFG literature. I acknowledge that an FFG Independent Affiliate Partner’s success depends on many variables, such as amount of time and effort committed to his or her business and his or her skills and organizational ability.
6. I will make no claims for FFG products, services, or its income opportunity except as published in official FFG literature. I understand that even my truthful reports of personal experience of benefits received from FFG products, services or its income opportunity may be interpreted as improper FFG claims if I use those experiences as a sales device.
7. I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as a Independent Affiliate Partner of FFG products and services, including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all federal and state tax purposes.
8. I will compete aggressively but fairly, and I will respect the participants of other network marketing opportunities. I will not solicit from the sales representative lists or customer lists of other network marketing companies, nor focus sales or recruiting efforts solely on the customers or representatives of any other single company. I will not use sales materials that are regarded as proprietary by other companies.
1.OPERATIONAL POLICIES AND PROCEDURES
The policies and procedures serve as a guide to your relationship with FFG CORPORATION, hereinafter "FFG." Carefully review this document. We are here to support you and your efforts in your new business. Please contact your upline sponsor or the corporate office if you have any questions. FFG embraces all of the principles of ethical personal and sound business conduct that makes us a company of trust and a legacy in this industry. FFG is a direct selling, internet sales company marketing consumer services and products to its customers through Independent Independent Affiliate Partners. The Policies and Procedures herein are applicable to all Independent Affiliate Partners of FFG. This statement of Policies and Procedures and the Compensation Plan are incorporated into the Independent Affiliate Partner Application and Agreement and constitute the entire agreement of the parties regarding their business relationship. These rules are reasonably related to the laws of the State of North Carolina and shall be governed in all respects thereby. These policies and all agreements between FFG and Independent Independent Affiliate Partners shall be governed by the laws of the State of North Carolina, and are binding on successors and assigns of both parties. Should any portion of these rules and regulations, of the Independent Independent Affiliate Partner application and agreement, or of any other instruments referred to herein or issued by FFG, be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
2. Application for Independent Independent Affiliate Partner Status
A person may become a FFG Independent Affiliate Partner by completing, signing and returning a Independent Affiliate Partner Agreement to FFG Corporate Headquarters, or by completing the on-line sign-up process. No person is required to purchase any FFG products or services. The only purchase required of new Independent Affiliate Partner is the enrollment fee and subscription for an FFG Virtual Office Business System which is sold at Company cost and is non-commissionable. The Virtual Office subscription supports the efforts of each new Independent Affiliate Partner with training tools, business tracking tools and downloadable product and income opportunity promotional materials. The signed Independent Affiliate Partner Agreement becomes a binding contract when the Independent Affiliate Partner Agreement is received and accepted by FFG. FFG reserves the right to reject at its discretion, any application deemed unacceptable. Applicants and Independent Affiliate Partners may not submit inaccurate or false information on a Independent Affiliate Partner Agreement. Incomplete and inaccurate Independent Affiliate Partner Agreements will not be accepted by FFG, but will be returned for completion and resubmission. Each Independent Affiliate Partner is responsible for informing FFG of any changes affecting the accuracy of the Independent Affiliate Partner Agreement.
To the extent permitted by law, FFG shall not be liable for and Independent Affiliate Partner releases FFG from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by Independent Affiliate Partner as a result of (a) the breach by Independent Affiliate Partner of this Agreement, (b) the operation of Independent Affiliate Partner’s business, (c) any incorrect or wrong data or information provided by Independent Affiliate Partner, or (d) the failure to provide any information or data necessary for FFG to operate its business, including without limitation, the enrollment and acceptance of Independent Affiliate Partner into the income opportunity or the payment of commissions and bonuses.
4. Independent Contractor Status
FFG Independent Affiliate Partners are independent contractors. They are not franchisees, joint venture partners, employees or agents of FFG, and are prohibited from stating or implying, whether orally or in writing, otherwise. Independent Affiliate Partners have no authority to bind FFG to any obligation. Independent Independent Affiliate Partners will not be treated as employees with respect to such services for federal or state tax purposes. FFG is not responsible for payment or co-payment of any employee benefits. Independent Affiliate Partners set their own hours and determine how to conduct their FFG business, subject to the Agreement and the Policies and Procedures. Independent Affiliate Partners are responsible for liability, health, disability and workmen’s compensation insurance. As the Independent Affiliate Partner, you are responsible and agree to pay your own business expenses.
5. Legal Age
All Independent Affiliate Partners must be of legal age in their state of residence to apply to become a Independent Affiliate Partner.
6. FFG Independent Affiliate Partner ID#
Every FFG Independent Affiliate Partner will be issued a unique Personal Identification, which will be used by the Independent Affiliate Partner for security purposes when placing product orders and when requesting Genealogy and status information. The original Independent Affiliate Partner Agreement must be submitted using a Social Security Number or, in the case of a business entity (corporation, partnership or trust), a Federal Tax Identification Number for the entity, or appropriate trust identification number. Independent Affiliate Partner Agreements will not be accepted without one of these numbers.
Each FFG Independent Affiliate Partner is authorized to conduct business anywhere in the U.S.A. and its territories. There are no territorial restrictions.
8. Independent Affiliate Partner Marriage
If two Independent Affiliate Partners marry, they may maintain their separate, independent organizations.
9. Independent Affiliate Partner Divorce
If married Independent Affiliate Partners who share a Independent Affiliate Partner position obtain a divorce, FFG will continue to treat the Independent Affiliate Partners pursuant to the original Independent Affiliate Partner Agreement until such time as FFG receives written notice, signed by both parties, and notarized, or a court order or decree directing otherwise. In addition, divorced Independent Affiliate Partners should submit to FFG a certified copy of any legal judgment or decree, specifying how future payments of commission checks are to be paid.
10. Corporations, Partnerships and Trusts
Entity applications must be signed by an authorized officer of the corporation, partnership or trustee of the trust and will become the binding Independent Affiliate Partner Agreement for such entity.
1) Corporations: The Independent Affiliate Partner Agreement must include a copy of its Articles of Incorporation and by-laws, contain the names and Social Security or Federal ID Numbers of the principal officers (president, vice-president(s), secretary, and treasurer), members of the Board of Directors and shareholders.
2) Partnerships: Partnership Applications must include a copy of the official partnership agreement, which must be signed by each of the individuals listed on the Independent Affiliate Partner Agreement. The Agreement must also contain the names and Social Security or Federal ID Numbers of all general and limited partners.
3) Trusts: For a trust to be accepted, a letter identifying the manager or trustee of the trust must be submitted, including the trustee’s Social Security or Federal ID Number, the names of all persons having a beneficial interest in the Trust and a certified copy of the trust document.
11. Change of Status
Independent Affiliate Partners who wish to change their status from that of an individual Independent Affiliate Partner to a participant in a corporation, partnership or trust, may do so at any time, subject to the policies outlined above, and only under the same Sponsor.
12. Death of Independent Affiliate Partner
In the case of the death of a FFG Independent Affiliate Partner, rights of that Independent Affiliate Partner position shall pass to the Independent Affiliate Partner’s heirs. A certified copy of the will or court document along with a new Independent Affiliate Partner Agreement in the name of the succeeding individual must be submitted to FFG within ninety (90) days of the death of the Independent Affiliate Partner. If FFG does not receive appropriate instruction within ninety (90) days of the death of the Independent Affiliate Partner, FFG will continue to send checks until ordered by the court. Transfer of ownership will take place after receiving appropriate court documents.
13. Fictitious and/or Assumed Names
A person or entity shall not apply as a Independent Affiliate Partner using a fictitious or assumed name. Independent Affiliate Partners must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business.
14. Business Volume Requirements
Refer to the Compensation Plan for business volume requirements to remain "active." Failure to keep your Independent Affiliate Partner position active on a monthly basis results in the loss of existing downline volume and volume will not accumulate to earn commissions. Inactivity of more than 31 days may result in the termination of your Independent Affiliate Partner position.
15. Commission Cycle
All Commissions are paid weekly on Fridays according to the provisions below.
Commissions are paid once client pay their invoices or third party pays our company commissions. Once funds clear our bank account, commissions will be paid to the Independent Affiliate Partner. All funds that clear by Friday will be paid the following Friday.
NON-TEAM OVERRIDE COMMISSIONS
Commissions are paid once client pay their invoices or third party pays our company commissions. Once funds clear our bank account, commissions will be paid to the Independent Affiliate Partner. All funds that clear by Friday will be paid the following Friday.
For whatever reason customer is given a refund. The affiliate’s commission will be charged back and deducted from current commissions.
As independent contractors, Independent Affiliate Partners will not be treated as franchisees, partners, employees, or agents for federal or state tax purposes, including, with respect to the Internal Revenue Code Social Security Act, federal unemployment act, state unemployment acts, or any other federal, state, or local statute, ordinance, rule, or regulation. At the end of each calendar year, FFG will issue to each Independent Affiliate Partner IRS Form 1099, or other applicable documentation required by law, for non-employee compensation of a Independent Affiliate Partner. It is the responsibility of each Independent Affiliate Partner to pay their own income taxes, usually on a quarterly basis.
FFG encourages all its Independent Affiliate Partners to keep complete and accurate records of all their business dealings. A recommended publication is the Retail Industry ATG - Chapter 3 - Examination Techniques for Specific Industries (Direct Sellers), available from the IRS web site.
18. Term and Renewal
Subject to the terms of voluntary resignation, suspension and termination discussed in later sections, the agreement shall have a term beginning on the date of acceptance by FFG and be subject to an annual renewal. Notice will be given and FFG reserves the right to charge a renewal fee. Independent Affiliate Partners who fail to renew within 30 days will be considered to have voluntarily resigned their Independent Affiliate Partner position. A Independent Affiliate Partner who fails or elects not to renew his/her Independent Affiliate Partner Agreement will lose their Independent Affiliate Partner position, all sponsorship rights, wholesale purchasing right and their overrides. Independent Affiliate Partners who fail to renew their Independent Affiliate Partner status may not reapply under a new sponsor for six (6) months after non-renewal.
19. Confidentiality Agreement
Any information that is contained in any genealogical printout or downline sales report, or online back office system provided by the company to the Independent Affiliate Partner is the proprietary and confidential information of the company and is transmitted to the Independent Affiliate Partner in confidence. The Independent Affiliate Partner agrees not to disclose said information whether directly or indirectly to any third party, other person, firm, or entity, nor use the information for purposes of competing with the company or for promoting any other program or products other than FFG program and products. The Independent Affiliate Partner and the company agree that, without this agreement of confidentiality and nondisclosure, the company would not provide the information to the Independent Affiliate Partner. The Independent Affiliate Partner understands and agrees this duty to maintain the confidentiality of this information will survive the termination of their Independent Affiliate Partner Application and Agreement for a period of Twelve (12) months.
20. Independent Affiliate Partner Code of Ethics
In pursuing the success of their FFG business, FFG Independent Affiliate Partners shall safeguard and protect the reputation of FFG and its products. Independent Affiliate Partners shall refrain from all conduct which might be harmful to the reputation of FFG and its products and which may damage the ability of others to fairly represent the FFG opportunity. FFG Independent Affiliate Partners will be professional in their approach to their business activities and strictly avoid all deceptive, misleading, discourteous, unethical and immoral conduct. FFG Independent Affiliate Partners will respect the honest efforts of fellow Independent Affiliate Partners and not engage in predatory or unethical recruitment practices. FFG respects the business activities of all legitimate companies and strictly discourages any FFG Independent Affiliate Partner from unfairly representing any competing opportunity. FFG believes that the ultimate success of all FFG Independent Affiliate Partners depends on its ability to bring important products and opportunities to the market. This will be done in a positive and honorable way.
21. Voluntary Resignation
1) A Independent Affiliate Partner may voluntarily terminate his or her Independent Affiliate Partner position status by failing to renew or sending a written notice of resignation or termination to FFG. Voluntary resignation is effective upon receipt of such notice by FFG.
2) A Independent Affiliate Partner who resigns or terminates his or her Independent Affiliate Partner status may reapply as a Independent Affiliate Partner six (6) months after resignation.
Independent Affiliate Partner may be suspended for violating the terms of his or her Agreement, which includes the Policies and Procedures, the Compensation Plan and other documents produced by FFG. When a decision is made to suspend a Independent Affiliate Partner, FFG will inform the Independent Affiliate Partner in writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any).The suspension notice will be sent to the Independent Affiliate Partner’s address on file with FFG pursuant to the notice provisions contained in the Policies and Procedures. Such suspension may or may not lead to termination of the Independent Affiliate Partner’s Independent Affiliate Partner position as so determined by FFG in its sole discretion. If the Independent Affiliate Partner wishes to appeal, FFG must receive such appeal in writing via certified mail within fifteen (15) days from the date of the suspension notice. FFG will review and consider the suspension appeal and notify the Independent Affiliate Partner in writing of its decision within thirty (30) days from the date of the appeal. The decision of FFG will be final and not subject to further review. FFG may take certain action during the suspension period, including, but not limited to, the following:
1) Prohibiting the Independent Affiliate Partner from holding himself or herself out as a Independent Affiliate Partner of FFG or using any of FFG proprietary marks and/or materials;
2) Prohibiting the Independent Affiliate Partner from purchasing services and products from FFG; and/or
3) Prohibiting the Independent Affiliate Partner from sponsoring new Independent Affiliate Partners, contacting current Independent Affiliate Partners or attending meetings of Independent Affiliate Partners. If FFG, in its sole discretion, determines that the violation that caused the suspension is continuing, has not satisfactorily been resolved, or a new violation involving the suspended Independent Affiliate Partner has occurred, the suspended Independent Affiliate Partner may be terminated.
A Independent Affiliate Partner may be terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Compensation Plan and other documents produced by FFG. FFG may terminate a violating Independent Affiliate Partner without placing the Independent Affiliate Partner on suspension, at FFG sole discretion. When the decision is made to terminate a Independent Affiliate Partner, FFG will inform the Independent Affiliate Partner in writing at the address in the Independent Affiliate Partner’s file that the termination has occurred, effective thirty (30) days from the date of the written notification.
If a Independent Affiliate Partner wishes to appeal the termination, FFG must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If a Independent Affiliate Partner files a timely notice of appeal, FFG will review the appeal and notify the Independent Affiliate Partner of its decision within ten (10) days after receipt of the appeal. The decision of FFG will be final and not subject to further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
25. Effect of Termination
Immediately upon termination, the terminated Independent Affiliate Partner:
1) Is no longer authorized to sell FFG products;
2) Must cease representing himself or herself as a Independent Affiliate Partner of FFG;
3) Must remove and permanently discontinue the use of the trademarks, service marks, trade names, any signs, labels, stationary or advertising referring to or relating to any FFG product, plan or program;
4) Loses all rights to his or her Independent Affiliate Partner position and position in the Compensation Plan and to all future commissions and earnings resulting therefrom; and
5) Must take all action reasonably required by FFG relating to protection of its confidential information. FFG has the right to offset any amounts owed by a Independent Affiliate Partner to FFG from commissions or other compensation due to the Independent Affiliate Partner including, without limitation, any indemnity obligation incurred pursuant to the indemnity section.
Any person or entity whose agreement is terminated shall not be allowed to reapply to the company.
Any Independent Affiliate Partner who transfers his or her Independent Affiliate Partner position must wait for six (6) months after the effective date of such transfer before becoming eligible to reapply to become a Independent Affiliate Partner. Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
28. Acquisition of Business
Any Independent Affiliate Partner desiring to acquire an interest in another Independent Affiliate Partner’s business must terminate his or her Independent Affiliate Partner position status and wait six (6) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by FFG in advance.
29. Conditions to Transferability
Except as expressly provided herein, a Independent Affiliate Partner may not sell, assign, merge or transfer his or her Independent Affiliate Partner position, or rights thereto, without the prior written approval of FFG and subject to the following conditions:
1) FFG possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Independent Affiliate Partner position. A Independent Affiliate Partner wishing to sell, assign, transfer or merge his or her Independent Affiliate Partner entity must first provide the upline sponsor with the option to make such a purchase or receive such transfer in writing on the terms and conditions as any outstanding or intended offer. The upline sponsor must advise the Independent Affiliate Partner within ten (10) business days after receipt of such notice of its decision to accept or reject the offer. If the upline sponsor fails to respond within the ten (10) day period, or declines such offer, the Independent Affiliate Partner may make the same offer or accept any outstanding offer which is on the same terms and conditions as offered FFG, to any person or entity, who is not a Independent Affiliate Partner, married to, or a dependent of a Independent Affiliate Partner, or who has any interest in a Independent Affiliate Partner position.
2) The selling Independent Affiliate Partner must provide FFG with a copy of all documents which detail the transfer, including without limitation, the name of the purchaser, the purchase price and terms of purchase and payment. A transfer fee of $100.00 must accompany the transfer documents;
3) The documents must contain a non-compete covenant made by the selling Independent Affiliate Partner for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing FFG Independent Affiliate Partner for a period of one (1) year from the date of the sale or transfer; and
4) Upon a sale, transfer, merger or assignment being approved in writing by FFG, the buying Independent Affiliate Partner must assume the position of the selling Independent Affiliate Partner and must execute a current Agreement and all such other documents as reasonably may be required by the Company.
30. Transfers to Independent Affiliate Partners
Except as expressly set forth herein, Independent Affiliate Partners may not sell, assign or otherwise transfer his or her Independent Affiliate Partner position (or rights thereto) to another Independent Affiliate Partner or to an individual which has an interest in a FFG Independent Affiliate Partner position. Notwithstanding the foregoing, a Independent Affiliate Partner may transfer his or her Independent Affiliate Partner position to his or her sponsor, subject to the conditions of the transferability section. In such event, the sponsor’s Independent Affiliate Partner position and the transferred Independent Affiliate Partner position shall be merged into one.
31. Change of Sponsorship
Any change of Sponsor is discouraged and requires the prior written approval of FFG (which may be withheld at its sole discretion) and is subject to the following conditions:
1) The notarized, signed consents of the original sponsor, the new sponsor, and the sponsored individual, must be submitted to FFG;
2) A written request for transfer explaining the exact reason for the request of transfer must be submitted to FFG;
3) A transfer fee of $100.00 is paid to FFG;
4) The requirements of conditions to transferability section are complied with; Personally sponsored Independent Affiliate Partners of the transferred Independent Affiliate Partner must request in writing to move with their sponsor.
32. Circumvention of Policies
If it is determined, in FFG sole discretion, that a Independent Affiliate Partner position was transferred in an effort to circumvent compliance with the Agreement of the Policies and Procedures, the Independent Affiliate Partner position will revert back to the transferring Independent Affiliate Partner who will be treated as if the transfer had never occurred from the reversion day forward. If necessary, and at FFG sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Independent Affiliate Partner to ensure compliance with the Agreement and Policies and Procedures.
33. Termination Returns
A Independent Affiliate Partner who terminates his/her Independent Affiliate Partner Status may have the right to return unopened, unencumbered and currently marketable sales aids purchased from the Company within thirty days of termination (90 days in Maryland and Puerto Rico; one year in Idaho, Indiana, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Dakota, Tennessee, North Carolina and Washington; no time limit in Massachusetts, Georgia, New Jersey and Wyoming), provided the material is returned in a CURRENT REUSABLE and RESALABLE CONDITION. Return will be issued in like-kind payment and may take up to 30 days to process. FFG will refund 90% of the cost of returned items to the Independent Affiliate Partner (unless otherwise required by state law) less any appropriate setoffs and legal claims. No repayment will be made on original shipping and handling charges. The return shipping costs will be borne by the Independent Affiliate Partner. Additionally, Montana residents who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. In order to assure that refund of returned items will be issued, strict compliance to the following procedures is required: A written return request must be submitted, stating the reason for the termination, the reason for the return of FFG product and/or sales materials. Proof of FFG payment and a copy of the Purchase Order Form or packing slip must accompany this written request. FFG sales materials returned without prior authorization will be returned to the Independent Affiliate Partner. FFG will instruct the Independent Affiliate Partner where to ship the materials for restocking and verification, and will also provide the Independent Affiliate Partner with the appropriate quantity of authorized FFG return merchandise shipping labels. Upon receipt and inspection of the return, FFG will process the appropriate refund for payment. Independent Affiliate Partner must pay the cost of return freight.
Independent Affiliate Partners may sponsor other Independent Affiliate Partners in the United States into the FFG business. Independent Affiliate Partners must ensure that each potential Independent Affiliate Partner has reviewed and has access to the current Policies and Procedures and Compensation Plan prior to or when enrolling the individual.
35. Referral Policy
From time to time, prospects will contact FFG directly. It is always the policy of FFG to determine if the prospect has been contacted by a FFG Independent Affiliate Partner. If this is not the case, the prospect’s information may be forwarded to the active Independent Affiliate Partner in close proximity to the prospect.
36. Multiple Agreements
If an applicant submits multiple Agreements which list different sponsors, only the first completed Agreement to be received by FFG will be accepted. The decision of FFG is final.
37. Training Requirement
A Sponsor must maintain an ongoing professional leadership association with Independent Affiliate Partners in his or her organization and must fulfill the obligation of performing a bona fide supervisory role in the sale or delivery of products and services.
38. Cross Selling/Cross Sponsoring
FFG Independent Affiliate Partners shall not sell or represent non-FFG products or represent marketing opportunities from other companies to other FFG Independent Affiliate Partners. Non-FFG products or opportunities may not be promoted in any way at official FFG events, meetings, conventions or other gatherings.
39. Telephone Sponsoring
FFG offers the convenience of signing up new Independent Affiliate Partners by telephone by dialing 1-980-4605. The FFG agent will ask for all information contained on the Independent Affiliate Partner Application and Agreement including Personal Sponsor and Placement Information. The new Independent Affiliate Partner is now eligible for all the privileges and benefits of any other FFG Independent Affiliate Partner. It is the responsibility of the Sponsoring Independent Affiliate Partner to acquaint the new Independent Affiliate Partner with FFG Policies and Procedures. IMPORTANT: Independent Affiliate Partners who sign up over the telephone must submit a completed Independent Affiliate Partner Application Agreement with their signature within ten (10) days of sign up. Failure to comply with the requirement will result in forfeiture of bonuses and commission checks and termination.
40. Volume Transfer
FFG does not allow Independent Affiliate Partners to transfer sales volume from one Independent Affiliate Partner to another Independent Affiliate Partner.
41. Price Changes
Prices of all FFG products and sales materials are subject to change without notice.
42. Sale of Product
FFG Product may be purchased and sold only within the U.S.A. The Company will provide participant access to monthly commission statements, commission checks, and annual 1099 tax forms. The Company will make available to participant, sales aids, product information, and other information.
43. Sales tax
For purchases made from the Company, FFG collects and remits applicable state tax which may be due on the suggested selling price of those products and/or materials which are subject to tax. The applicable rate of tax due is based on the address to which the product and/or materials is shipped. Independent Affiliate Partners who request a tax-exempt purchase for resale from FFG (not permitted in all states) must provide the Company with a copy of their valid and current resale exemption certificate showing a resale tax number. This number must appear on all orders placed with FFG. The Independent Affiliate Partner must then collect the tax from his/her retail customer and remit it to the proper state and local taxing authority. All Independent Affiliate Partners must pay tax to the Company on their personal purchases made for personal use and consumption. As a Independent Affiliate Partner you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.
The participant will receive training by reading the online materials found in FFG Virtual Business Office, product information, and other Company materials. Training will also be provided by the sponsor, and Company training seminars.
45. Trademarks and Copyrights
FFG name, trademarks, service marks and copyrighted materials are owned by FFG International, Inc. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
46. Use of FFG Name
Independent Affiliate Partners may use the name of FFG only if they are identified as an Independent Affiliate Partner of FFG in conjunction with the use of the name FFG and its logo or trademarks. Advertising and Promotional Materials: Only the promotional and advertising materials produced by FFG or approved in advance in writing by FFG may be used to advertise or promote a Independent Affiliate Partner’s FFG business or to sell products and services of FFG. FFG literature and materials may not be duplicated or reprinted without the prior written permission of FFG. Stationery and Business Cards: Independent Affiliate Partners are not permitted to create their own stationery, business cards or letterhead graphics if FFG trade name and/or trademarks are used. Only approved FFG graphics version and wording are permitted.
47. Print and Electronic Advertising
All materials used in the placement of any advertising in any print or electronic media, including Internet web sites must be approved by FFG prior to use. Independent Affiliate Partners are not permitted to use the FFG trade name as a web site address or in any other manner without the written approval of FFG. Telephone, Yellow and White Page Listing: Independent Affiliate Partners are not permitted to use FFG trade name in advertising their telephone and FAX numbers in the white or yellow page sections of the telephone book except as outlined below. Independent Affiliate Partners are not permitted to list their telephone numbers under FFG trade name without first submitting a request to FFG for approval. If approval is granted for an 800 listing, it must be stated in the following manner: Jones, John D.
48. FFG Independent Affiliate Partner Telephone Answering
Independent Affiliate Partners may not answer the telephone by saying FFG or in any other manner that would lead the caller to believe that he or she has reached the corporate office of FFG International, Inc.
49. Imprinted Checks
Independent Affiliate Partners are not permitted to use FFG trade name or any of its trademarks or service marks on their business or personal checking accounts. However, Independent Affiliate Partners may imprint their FFG business checks with FFG Independent Affiliate Partner.
No endorsements by a FFG officer or administrator or third parties may be asserted, except as expressly stated in FFG literature. State regulatory agencies do not approve or endorse direct selling programs. Therefore, Independent Affiliate Partners may not represent or imply, directly or indirectly, that FFG program, products or services have been approved or endorsed by any governmental agency.
51. Media Inquiries
Media inquiries should be referred to FFG Corporate Office.
Independent Affiliate Partners may not produce or reproduce for sale or personal use products sold by FFG or any of FFG-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of FFG meetings and conferences is strictly prohibited, without Company permission. Still photography is allowable at the discretion of the meeting host.
53. Independent Communications
Independent Affiliate Partners, as independent contractors, are encouraged to distribute information and direction to their respective downlines. However, Independent Affiliate Partners must identify and distinguish between personal communications and the official communications of FFG.
54. Copyright Restrictions
With respect to product purchases from FFG, Independent Affiliate Partners must abide by all manufacturers’ use restrictions and copyright protections.
55. Vendor Confidentiality
FFG business relationships with its vendors, manufacturers and suppliers are confidential. Independent Affiliate Partners must not contact, directly or indirectly, or speak to or communicate with any supplier or manufacturer of FFG except at a FFG-sponsored event at which the supplier or manufacturer is present at the request of FFG.
56. Promotional Materials
FFG reserves the exclusive right to all uses of its trade names, trademarks, logos and copyrighted material. FFG prohibits the unauthorized use of any of its protected names, marks or logos on any materials for personal use or for resale.
One of the most effective ways to share the FFG products is to share your personal experiences. These experiences must be your own.
58. Income Claims
Independent Affiliate Partners must truthfully and fairly describe the Compensation Plan. No false or misleading income claims may be made to prospective Independent Affiliate Partners. Independent Affiliate Partners may not use their own incomes as indications of the success assured to others. Commission checks may not be used as marketing materials. Independent Affiliate Partners may not guarantee commissions or estimate expenses to prospects. The power of the FFG Compensation Plan may be accurately shown using FFG approved materials. Each Independent Affiliate Partner understands that his or her success is dependent on their effort, dedication, resources and the time he or she commits to this enterprise.
59. Representations of Government Endorsements
FFG Independent Affiliate Partners may not represent that the FFG Compensation Plan or any of its Products are approved by any government agency.
60. Advertising Guidelines
All advertising must be approved prior to use. Failure to receive approval for advertising may result in suspension or termination of Independent Affiliate Partner position.
What you may use:
1) FFG corporate name and logo only when you identify yourself as a FFG Independent Affiliate Partner.
2) Logos, copy, etc. provided.
What you may not use:
1) Any copyrighted image or document without prior approval.
2) Quotes from any corporate official or other Independent Affiliate Partner without approval.
3) Third party testimonials.
Use of Logo Sheet Provided:
There is a logo sheet available online for FFG Independent Affiliate Partners to use. You may not change these in any way. You may not change color or design in any manner. These are trademarked icons of FFG.
FFG reserves the right to amend the Rules set forth herein, its wholesale or suggested retail prices, FFG product availability and Compensation Plan, as it deems appropriate. Amendments will be communicated to all Independent Affiliate Partners in one or more of the following forms: online newsletters, email or email blast, written or published materials, circulated or made available to all Independent Affiliate Partners or publication on the FFG web site. Amendments are effective and binding on all Independent Affiliate Partners as of the date of issuance. In the event of any conflict between the agreement of the Rules and any such amendment, the amendment shall control.
62. Non-Waiver Provision
No failure of FFG to exercise any power or right under these Rules or to insist upon strict compliance by a Independent Affiliate Partner with any obligation or provision herein, and no custom or practice of the parties at variance with these Rules, shall constitute a waiver of FFG right to demand exact compliance with these Rules. An authorized officer of FFG may affect waiver by FFG only in writing. FFG waiver of any particular default by a Independent Affiliate Partner shall not affect or impair FFG rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Affiliate Partner. Nor shall any delay or omission by FFG to exercise any right arising from default affect or impair FFG’s rights as to that or any subsequent default.
A. All disputes and claims relating to FFG, its products, the Independent Affiliate Partner Agreement, or the FFG Compensation Plan, including but not limited to (1) the rights and obligations of the Independent Affiliate Partner and FFG, (2) any other claims or causes of action relating to the performance of either the Independent Affiliate Partner or FFG under the Independent Affiliate Partner Agreement or the Rules and Regulations, and/or (3) the Independent Affiliate Partner’s purchase of FFG products shall be settled totally and finally by arbitration in North Carolina or such other location as FFG prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. Louisiana residents may arbitrate in New Orleans. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Association provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. If the Independent Affiliate Partner files a claim or counterclaim against FFG, the Independent Affiliate Partner shall do so on an individual basis and not with any other Independent Affiliate Partner or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may if need be, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Independent Affiliate Partner Agreement.
B. Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity or registration of any mark or other intellectual property or proprietary confidential information of FFG without FFG prior written consent. FFG seek any applicable remedy in any applicable forum with respect to these disputes and with respect to money owing to FFG. In addition to monetary damages, FFG may obtain injunctive relief against the Independent Affiliate Partner for any violation of the Independent Affiliate Partner Agreement and for any violation or misuse of FFG trademark, copyright or confidential information policies.
C. Nothing in this rule shall prevent FFG from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergent relief available to safeguard and protect FFG interest prior to the filing of or during or following any arbitration or other proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding.
D. The existence of any claim or cause of action of the Independent Affiliate Partner against FFG, whether predicated on the Independent Affiliate Partner Agreement or otherwise, shall not constitute a defense to FFG’s enforcement of the Independent Affiliate Partner’s covenants and agreements contained in the Independent Affiliate Partner Agreement or the Rules.
64. Jurisdiction and Venue
The Independent Affiliate Partner Agreement and the Rules shall be construed enforced in accordance with the laws of the State of North Carolina without reference legal principles that would cause the law of another jurisdiction to be applied. Causes of action between the parties hereto of any type, whether on the Independent Affiliate Partner Agreement, on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind, shall be heard exclusively in a court of competent jurisdiction in North Carolina, each party hereby submitting to the jurisdiction of such courts and expressly waiving the right to bring suit in all other courts. In any cause of action the winner shall be entitled to recovery of all reasonable attorney fees, court costs and other costs of the action. Louisiana residents may choose Louisiana law, jurisdiction, and venue, and may arbitrate in New Orleans.
65. Limitation of damages
To the extent permitted by law, FFG and its affiliates, officers, directors, employees, and other Independent Affiliate Partners shall not be liable for, and the Independent Affiliate Partner hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to FFG’s performance, non-performance, act, or omission with respect to the business relationship or other matters between the Independent Affiliate Partner and FFG whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Independent Affiliate Partner shall not exceed, and is hereby expressly limited to, the amount of unsold FFG products and services owned or held by the Independent Affiliate Partner and commissions owing.
66. Official Language/Definitions
The English version of these Rules, as maintained by FFG, is the official version and shall control over any other language version(s), which may be made available for ease of reference for some Independent Affiliate Partners. As used in the FFG materials, when the term, sell and words of similar import are used to describe the sales activities of a Independent Affiliate Partner, this is an abbreviated reference to the promotional activities of Independent Affiliate Partner with respect to sales and it is understood that all are between FFG and the purchaser, not between the Independent Affiliate Partner and the purchaser.
67. Official Correspondence
Official correspondence must be sent via postal mail to: FFG – 5960 Fairview Rd. Ste 400 Charlotte NC 28210
68. Entire Agreement
This statement of Rules and Regulations/Policies & Procedures (along with the Compensation Plan and the Terms and Policies Applicable to Use of FFG Internet Services) is incorporated into the Independent Affiliate Partner Application and Agreement and constitutes the entire agreement of the parties regarding their business relationship. No other promises, representations, guarantees or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
TERMS AND POLICIES APPLICABLE TO USE OF FFG INTERNET SERVICES
Terms of Internet Service Content.
The content of the FFG Internet service is intended for the commercial use of its Users. All materials published on FFG web site or self-replicating web sites (including, but not limited to news articles, information pages, product photographs, images, illustrations, merchant banners, merchant products, audio clips, flash movies, and video clips, collectively known as the Content) are protected by copyright and other intellectual property laws, and are owned or controlled by FFG, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.
Independent Affiliate Partner may not post, transmit, or market the following: Any material that is threatening, abusive, defamatory, obscene, or otherwise unlawful; Any material that violates the copyrights, trademarks, service marks, trade secrets, patents or other property rights of others; Any pornographic, sexually explicit or gambling material or links to similar adult content; Any material that discloses personal private matters about any person without consent; Any material posted anonymously or under a false name; or Any material which disparages FFG or other Users.
Collective Work Copyright.
The FFG web pages are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth previously, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided for previously), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials in whole or in part.
User may download or copy the Content and other downloadable items displayed on FFG web pages for commercial use as a FFG Independent Affiliate Partner, and/or a FFG Website Owner only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for uses other than commercial use as a FFG Independent Affiliate Partner, and/or Website Owner is expressly prohibited without the prior written permission from FFG’s Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary and/or copyright notices.
Representations and Warranties
User represents, warrants and covenants:
(a) that no materials of any kind submitted by User (or FFG use thereof in accordance with these Rules), will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and
(b) that User is at least 18 years old. User hereby indemnifies, defends and holds FFG and all officers, Managers, Independent Affiliate Partners, Website Owners, directors, owners, agents, information providers, Independent Affiliate Partners, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of these Rules or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. User shall cooperate as fully as reasonably required in the defense of any claim. FFG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access FFG web pages. User may not sublicense, assign or transfer any licenses granted by FFG, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from this software.
Software Available on the FFG and/or Self-replicating Web Sites. Software (if any) that is made available on the FFG web site and/or self-replicating web sites (Software) is the copyrighted work of FFG and/or its Independent Affiliate Partners. User’s use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). User may not install or use any Software that is accompanied by or includes a License Agreement unless User first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, FFG hereby grants to User, a personal, non-transferable license to use the Software for viewing and otherwise using the FFG web site and/or self-replicating web sites in accordance with these Rules, and for no other purpose provided that User keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. User acknowledges that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. User agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
FFG may, in its sole discretion, terminate or suspend User’s access to all or part of the web access for any reason, including, without limitation, breach of the Terms of Service. Users of FFG acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts any FFG event or attempts to alter or improperly access any feature or function of the site. A User’s access may also be subject to termination if the User posts or transmits any illegal content; harasses or threatens any FFG User or FFG employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of FFG activities; posts unsolicited advertising; or improperly impersonates an FFG employee or other individual.
Removal of Sites
FFG cannot and does not screen all content provided on FFG self-web sites and does not assume any obligation to monitor content. HOWEVER, USER AGREES THAT FFG MAY MONITOR SITES AND CONTENT PERIODICALLY, AND FFG RESERVES THE RIGHT AT ITS SOLE DISCRETION TO REMOVE ANY SITE, WITHOUT NOTICE AND WITH NO OBLIGATION TO REFUND FEES PAID, WHICH IN ITS JUDGMENT IS IN VIOLATION OF THIS AGREEMENT OR OTHERWISE IS UNLAWFUL OR HARMFUL TO FFG AND/OR OTHER USERS.
Copyright and Trademark Notices.
Copyright and Trademark Notices All contents of the FFG web site and/or self-replicating web site are Copyright �© FFG. All rights reserved. FFG, www.flournoyfinancial.com are trademarks of FFG, all pending or registered in U.S. Patent and Trademark Office. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of FFG. Other product and company names mentioned herein might be the trademarks of their respective owners.
Requesting Reproduction Permissions
Permission is required prior to the reproduction of any material viewed on the FFG web site and/or the self-replicating web sites. While permission is not readily granted, serious inquiries will be considered. E-mail or write the Rights and Permissions Department of FFG at: FFG, Rights and Permissions, -5960 Fairview Rd. Ste 400 Charlotte, NC 28210 firstname.lastname@example.org (Attention: Rights & Permissions).
Custodian of Records
Custodian of records is FFG. All records required by law to be maintained by Publisher are located in the city of Charlotte, North Carolina, USA.
The FFG web site and/or self-replicating web sites provide Users the opportunity to opt-out of receiving communications from FFG and our Independent Affiliate Partners at the point where we request information about the visitor.
The FFG web site and/or self-replicating web sites provide Users with the following options for removing their information from our database, to not receive future communications, or to no longer receive our service. You can send e-mail email@example.com You can enter your email address and enter UNSUBSCRIBE in the subject line. You can send mail to the following postal address: Customer Service, FFG, 5960 Fairview Rd. Ste 400 Charlotte, NC 28210
FFG gives users the following options for changing and modifying information previously provided. You can modify editable information through your back office. You can send email to firstname.lastname@example.org. You can contact FFG Headquarters.
General Provisions Usability
To the extent permitted by law, FFG shall not be liable for, and the Independent Affiliate Partner releases FFG from and waives all claims to, lost profits, indirect, direct, special or consequential damages, or any other loss incurred or suffered by the Independent Affiliate Partner as a result of (a) the breach by Independent Affiliate Partner of the Independent Affiliate Partner Agreement and/or the terms and conditions of the Rules and Regulations and Policies and Procedures, (b) the operation of Independent Affiliate Partner’s business, (c) any incorrect or wrong data or information provided by Independent Affiliate Partner, or (d) the failure to provide any information or data necessary for FFG to operate its business, including without limitation, the enrollment and acceptance of Independent Affiliate Partner into the
Compensation Plan or the payment of Commissions, Overrides and Bonuses.
Each Independent Affiliate Partner must keep any FFG passwords and other secure access information confidential and notify promptly if the Independent Affiliate Partner believes that the security of his/her account has been compromised. FFG has taken reasonable steps to protect the security of online transactions. HOWEVER, FFG CANNOT AND DOES NOT WARRANT SUCH SECURITY AND WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING ANY SECURITY BREACHES.