Special Notice for South Korea* Terms & Conditions Scroll Below
Yolopros는 프로그램에 참여하는 모든 멤버들이 디지털 제품 팩키지1을 200불에 구입하고 프로그램에 참여한 모든 메네져들이 서로 도와가면서 각자에게 좋은 결과를 만들어 낼수 있도록 만든 프로그램입니다.
기존의 온라인 프로그램과는 다르게 본인이 추천을 많이 가진다고 많은 수익을 가져가는것도 아닙니다. 그러므로 본사는 저희 프로그램에 참여하는 모든 메네져들이 3명의 추천을 찾고 모두에게 내리 추천을 권면합니다.
회사는 한국의 리더들을 통해 Yolopros 프로그램을 진행하는 방향을 정확히 제시했습니다.
하지만 최근 Yolopros 첫 진출국가인 한국에서 일부 사업자들이 회원을 가입시키면서 보험을 들게 한다던가 가입비를 지원하는 변칙의 방법으로 사업을 진행하는 팀들이 있다는 안타까운 소식이 본사에 보고되었습니다.
이것은 회사의 정책과 규칙을 위반하는 행위이고 본사 사이트인 www.yolopros.com 홈 페이지에 기록된 Terms & conditions에 이미 기재되어 있는 내용입니다.
이러한 잘못된 판단과 행위의 결과는 Yolopros 회사와 함께 참여한 모든 메네져들에게 피해를 주는 결과를 초래하는 행동이기에 누구든지 변칙으로 사업 진행하는 메네져와 팀은 단호히 코드를 잠그고 사업을 진행하지 못하도록 조치할것임을 분명하게 전합니다.
본사는 한국에서 Yolopros가 제대로 정착하여 많은 분들이 Yolopros에 동참해서 각자 기대하고 바라는 꿈을 이루고 서로 서로 협력해서 좋은 결과들을 만들어 갈수 있기를 간절히 바랍니다.
다시한번 Yolopros와 함께하겠다고 결정해서 이미 동참한 모든 Yolopros 메네져님들과 관심을 갖고 있는 내일의 Yolopros 메네져님들께 진심으로 감사의 말을 전합니다.
Kai Jacobson & Jay Ahlin
The YoloPros Owners
- IMPORTANT TAX INFORMATION:
While Yolopros does not give tax advice, it is important that you obtain proper tax advice from a CPA in your jurisdiction.It is important to note that all income obtained through your relationship with Yolopros is taxable and must be reported on your tax filings.This is your responsibility as Yolopros does not handle any payments, track payments, or issue payments.Failure to report and file properly can result in substantial penalties and interest.
YoloPros™ (RARRacingLLC) Terms and Conditions
Updated October 12th, 2016
The Policies and Procedures of YoloPros™ (RARRacingLLC) contained herein have been established to explain and define the rights and responsibilities of YoloPros™ (RARRacingLLC) and its Independent Resellers.
Each Independent Reseller agrees, without reservation, to all the terms and conditions contained herein and holds YoloPros™ (RARRacingLLC) free from any and all liability that may result from this agreement between the Independent Reseller and YoloPros™ (RARRacingLLC).
YoloPros™ (RARRacingLLC) does not believe in “get rich” programs – only in hard work, adding value, building a real and professional career, and serving others with excellence and constancy. YoloPros™ (RARRacingLLC) programs are intended to help Independent Resellers share their message with a wider audience and to make a difference in the world.
YoloPros™ (RARRacingLLC) programs take a lot of work and discipline just like any worthwhile endeavor or professional program. Please don’t participate in the YoloPros™ (RARRacingLLC) program if you believe in the “money for nothing get rich quick” myth or ideology; YoloPros™ (RARRacingLLC) only want serious Independent Resellers dedicated to real professional development who want to add value in the world.
As stipulated by law, YoloPros™ (RARRacingLLC) cannot and does not make any guarantees about an Independent Reseller’s ability to get results or earn any money with YoloPros™ (RARRacingLLC) ideas, information, tools or strategies. YoloPros™ (RARRacingLLC) does not know an Independent Reseller’s abilities. YoloPros™ (RARRacingLLC) is dedicated to helping Independent Resellers by giving great content, direction, and strategies.
Nothing in this agreement, any of YoloPros™ (RARRacingLLC) Websites, or any of YoloPros™ (RARRacingLLC) content or training materials is a promise or guarantee of results or future earnings, and YoloPros™ (RARRacingLLC) does not offer any legal, medical, tax, business development, or other professional advice. Any financial numbers referenced here within, or on any of YoloPros™ (RARRacingLLC) Websites, are for illustrative purpose only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in YoloPros™ (RARRacingLLC) products, events, services, or Websites, should be done only with the knowledge that an Independent Reseller could experience risk or losses just like any entrepreneurial endeavor.
Use caution and always consult with your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results, and by your registration here as an Independent Reseller, you agree not to attempt to hold YoloPros™ (RARRacingLLC) liable for your decisions, actions or results, at any time, under any circumstance.
CODE OF CONDUCT DECLARATION YoloPros™ (RARRacingLLC) (subsequently referred to as the “Company”) has established the following code of conduct to guide the appropriate, efficient and ethical operation of the Company. We require our Independent Resellers and Customers to abide by the letter and spirit of this code that forms our contract with all registered parties of YoloPros™ (RARRacingLLC).
1. Independent Resellers Obligation. YoloPros™ (RARRacingLLC) Independent Resellers will:
a. Conduct themselves in an ethical and professional manner; b. Sell the company’s products in accordance with the distribution formula; c. Make it clear that success in the Company’s distribution formula is based on product purchases rather than sponsoring; d. Represent the distribution formula only as prescribed by the Company; e. Be truthful in my representation of the Products and will make no Product claim that is not approved by and/or supported by official Company publications; f. Comply with applicable consumer protection laws and regulations; g. Maintain current and accurate information concerning the address, phone number, email, social security number, method of payment, and any other data on their file.
A YoloPros™ (RARRacingLLC) Independent Reseller will not:
a. Engage in deceptive, unlawful, or unethical business or recruiting practices; b. Engage in high-pressure selling or recruiting practices; c. Make misleading sales claims or guarantees concerning the company’s products; d. Make misleading claims or guarantees concerning potential earnings; e. Sponsor or enroll minors or persons who are not capable of making an informed decision; f. Conduct business activities in countries other than those approved by YoloPros™ (RARRacingLLC); or g. Seek in any way to violate or circumvent YoloPros™ (RARRacingLLC) policies.
Section 1 Becoming an Independent Reseller:
A. Age of Majority. In order to become an Independent Reseller, all Applicants must have reached the age of majority, usually eighteen (18) years of age, in the jurisdiction in which they reside.
B. A new Independent Reseller is authorized by the Company to exercise Independent Reseller Rights and operate as an Independent Reseller by submitting the required fields of information on any of the join pages of the website, and agrees to these Policies and Procedures.
C. The right to accept or renew any Independent Reseller Agreement remains solely with the Company.
D. An Independent Reseller may be required to provide the Company with proof of residency, work authorizations, and ability to legally conduct business in the country in which they are conducting business.
E. In order to maintain active Independent Reseller status, an Independent Reseller must pay a monthly access fee of $19.95. Failure to maintain this requirement may result in the Independent Reseller’s account being suspended or terminated.
Independent Resellers are required to purchase product packages in order to obtain the Master Resale Rights of YoloPros™ (RARRacingLLC) digital products. F. Business Entities. If the Independent Reseller is a Business Entity, the Applicant may also be required to provide an Identification Number for the Business Entity, and a Statement of Beneficial Interest, which must include the signature and Identification Number or other personal identification number of every Person having a Beneficial Interest in the Business Entity. To verify the form of the Business Entity, Beneficial Interest holders, and authorized signatories, the Company may require, at any time, the Applicant to submit a copy of its articles of organization, articles of incorporation or other charter documentation.
G. Identification Number. For tax reporting (where required) and identification purposes (where permitted by law), the Company requires Applicants to provide the Identification Number or other personal identification number. Failure to provide this number may result in rejection of the Application or cancellation of the Independent Reseller Agreements.
H. Inaccurate Information. If the Company determines that the Independent Resellers Agreement or the Statement of Beneficial Interest contains inaccurate or false information, it may immediately terminate or declare the Independent Resellers Agreement null and void from its beginning. Further, it is the obligation of the Independent Reseller to report to the Company on an ongoing bIRs any changes which affect the accuracy of the Contract.
I. Term. The Contract is valid for the period of one (1) year from the Date of Sign-up. Each year after that, the Contract will be automatically renewed by maintaining an active Sales Agent Status Independent in YoloPros™ (RARRacingLLC).
J. Non-Exclusive Territory. The authorization of an Independent Reseller to exercise Master Resale Rights and operate as a vender hereunder does not include a grant of an exclusive franchise or territory to an Independent Reseller, nor is an Independent Reseller allowed to make such claims.
Section 2 Obligations of an Independent Reseller and Managing their Master Resale Rights.
A. Compliance. An Independent Reseller shall comply at all times with each of the terms and conditions of the Contract.
B. Independent Contractor. An Independent Reseller is an independent contractor and is responsible for his or her own business expenses, decisions, and actions.
1. An Independent Reseller shall not represent himself or herself as an agent, employee, partner, or joint venture with the Company. An Independent Reseller shall not make purchases or enter into any transactions in the Company’s name.
2. An Independent Resellers work hours, business expenditures, and business plans are not dictated by the Company. An Independent Reseller shall make no printed or verbal representations which state or imply otherwise.
3. An Independent Reseller is fully responsible for all of his or her verbal and/or written statements made regarding the Products, services, and the Distribution Formula which are not expressly contained in official Company materials and the Independent Reseller agrees to indemnify the Company against any claims, damages, or other expenses, including attorneys’ fees, arising from any representations or actions made by the Independent Reseller that are outside the scope of the Contract. The provisions of this Section survive the termination of the Contract.
C. Compliance with Laws. In conducting its Independent Resellers Business, an Independent Reseller must comply with all applicable national and local laws, regulations and ordinances. An Independent Reseller shall not violate any laws which apply to unfair competition or business practice, including any law that prohibits the advertising, offer to sell, or sale of Products at less than the Wholesale price of the Products.
D. Offerings. An Independent Reseller may not offer or promote any non-approved non-Company plans, incentives, opportunities, or non-approved Sales Tools in conjunction with the promotion of Products.
E. Retail Sales. Achieving success as an Independent Reseller requires time, effort and commitment. There are no guarantees of Earnings, only rewards based upon productivity. A successful Independent Resellers Business requires regular and repeated Retail Sales of Products by an Independent Reseller. The Company encourages Retail Sales to at least two Customers on a monthly basis by IRs. An Independent Reseller is required to keep all records of Retail Sales for at least four years and compliance with Retail Sales requirements of the Company is randomly monitored by the Company. Each Product purchased by a non-Independent Reseller is automatically counted on a monthly basis by IRs towards Retail Sales requirements.
F. Negative Statements. An Independent Reseller will make no disparaging, misleading, inaccurate, or unfair statements, representations, claims, or comparisons with regard to:
1. the Company, its Products, its commercial activities, or its Independent Resellers; or
2. other companies, including competitors, their services, products or commercial activities.
I. Unethical Activity. An Independent Reseller must be ethical and professional at all times when conducting Business. An Independent Reseller will not engage in unethical activity. Examples of unethical activities include, but are not limited to, the following:
1. Use of another Independent Resellers credit card without express written permission; 2. Unauthorized use of any Company Confidential Information;
3. Cross-Company Recruiting (including aiding and abetting another to Cross-Company Recruit other Independent Resellers);
4. Making unapproved claims about a Product;
5. Making income claims about the Independent Resellers Business which are not compliant with the provisions of the Policies and Procedures;
6. Making false statements or misrepresentation of any kind, including but not limited to: untruthful or misleading representations or sales offers relating to the quality, availability, grade, price, terms of payment, refund rights, guarantees, or performance of Products;
7. Personal conduct that discredits the Company and/or its Independent Resellers;
8. Violating the laws and regulations pertaining to the Independent Resellers Business;
9. Failing to meet Independent Reseller responsibilities;
10. Violating the Code of Ethics; or
11. Violating the Policies and Procedures.
G. Cross-line Recruiting. The Independent Reseller is prohibited from engaging in Cross-line Recruiting of other Independent Resellers into YoloPros™ (RARRacingLLC).
H. Cross-Company Recruiting. Independent Resellers are prohibited from recruiting "Active Resellers". If an IR has been "Inactive" for a period of 4 months, they are eligible to be recruited.
The Independent Reseller stipulates and agrees that recruiting constitutes an unreasonable and unwarranted interference with the contractual relationship between the Company and its Independent Resellers, conversion of the Company’s property, and misappropriation of the Company’s trade secrets. The Independent Reseller further stipulates and agrees that any violation of this rule will inflict immediate and irreparable harm on the Company, and that the Company shall be entitled, in addition to any other remedies that may be available, to immediate, temporary, preliminary, and permanent injunctive relief without bond; and that such injunctive relief may extend the post termination period of this restriction for up to one (1) year from the date of the last violation of this provision. The provisions of this Section survive the termination of the Contract. Nothing herein waives any other rights and remedies the Company may have in relation to the use of its Confidential Information or any other violations of the Contract, such as suspension or even approval based on extenuating circumstances.
In cases of dispute, the final decision is 100% the Company's right to determine the outcome in each individual case.
I. Resolving Disputes. An Independent Reseller must conduct all activity in the best interests of the Company. Independent Resellers shall use their best efforts to resolve disputes in with other Independent Resellers. Any personal disputes between Independent Resellers must be resolved quickly, privately, and in the best interests of the Company.
J. No Claims of Unique Relationship. An Independent Reseller may not allege or imply that he or she has a unique relationship with, advantage with, or access to the Company executives or employees that other Independent Resellers do not have.
K. Detrimental Conduct. If any conduct by an Independent Reseller is determined by the Company to be injurious, disruptive, or harmful to the Company or to other Independent Resellers, the Company may take appropriate action against an Independent Reseller as the company deems necessary.
L. No Reliance. An Independent Reseller may not rely on the Company to provide legal, tax, financial, or other professional advice, nor may it rely on any such advice if given.
M. Insurance. Independent Resellers are encouraged to consult with an attorney regarding the extent of their personal legal liability with respect to their independent businesses.
N. Privacy of Independent Reseller Information. An Independent Reseller authorizes the Company to disclose its contact information to another Independent Reseller when deemed important by the company. The contact information may be used only for the Independent Resellers Business.
O. Notification of Adverse Action. An Independent Reseller shall immediately notify the Company in writing of any potential or actual legal claims from third parties against the Independent Reseller arising from, or associated with, the Independent Resellers Business that may adversely affect the Company. After notifying the Independent Reseller, the Company may take any action necessary to protect itself, including controlling any litigation or settlement of the legal claims. If the Company takes action in the matter, the Independent Reseller shall not interfere or participate in the matter.
P. Release for use of Photo, Audio, or Video Image, and/or testimonial Endorsement. The Company may take photos, audio or video recordings, or written or verbal statements of an Independent Reseller at Company events or may request the same directly from an Independent Reseller. The Independent Reseller agrees to and hereby grants the Company the absolute and irrevocable right and permission, to use, re-use, broadcast, rebroadcast, publish, or republish any such photo, audio, video, or endorsement, in all or in part, individually or in conjunction with any other photograph or video, or any other endorsement, in any current or future medium and for any purpose whatsoever, including (but not by way of limitation) marketing, advertising, promotion, and/or publicity; and to copyright such photograph and/or video, in the original or as republished, in the name of the Company, or in any other name. Regardless of any other agreements or contracts the Independent Reseller may have with any other entity, the Independent Reseller agrees that any use by the Company as set forth in this Section shall be royalty free, is a work made for hire, and is not subject to any other claim. The Independent Reseller agrees to defend and indemnify the Company against any claims by any other party arising out of the Company's use of the rights granted herein. The Independent Reseller confirms that the information he or she may give as a testimonial endorsement, or as represented in a photograph, video or audio is true and accurate to the best of his or her knowledge. The Independent Reseller waives any right he or she may have to inspect or approve the finished or unfinished product(s), the advertising copy, printed, recorded, photographic or video matter which may be used in connection with it or any use that may be made of it.
Q. Conducting the Independent Resellers Business Internationally. An Independent Reseller has the right to operate in any Authorized Country where the Independent Reseller may lawfully conduct the Independent Reseller’s Business. It is an Independent Reseller’s responsibility to comply with all national and local laws, ordinances, and regulations when conducting Independent Reseller’s Business in any Authorized Country.
1. Only with the Company’s approval, an Independent Reseller may attempt to secure approval, licensing, distribution and/or registration for products or business practices, trademarks, trade names, or internet domain names; or establish any kind of business in international countries and markets on behalf of the Company.
2. An Independent Reseller may not sell, distribute, license, or register products or business practices, use trademarks, trade names or internet domain names in any country without approval of the company.
3. A list of countries where business is approved will be available on the website.
Section 3 Compensation
YoloPros™ (RARRacingLLC) Independent Resellers may participate in our Reseller Platform Payout Formula as outlined on the Reseller Platform Payout Formula page of the Company website.
All Independent Resellers understand BEFORE becoming an Independent Reseller that by purchasing Wholesale Master Resale Rights, Personal Use Rights, Private Label Rights, Resell Rights and Give Away Rights for any product package that there are NO GUARANTEED EARNINGS. Independent Resellers understand that any and all content on the website is not to reflect earnings, but to be used only for demonstration purposes and as a representation of company growth and does not mean anything in terms of earnings.
Independent Resellers should not participate in YoloPros™ (RARRacingLLC) under the expectation of earning income without referring new Independent Resellers and Customers. Neither, YoloPros™ (RARRacingLLC) nor its Independent Resellers can guarantee "spillover" or earnings simply by becoming an Independent Reseller. YoloPros™ (RARRacingLLC) Independent Resellers should not participate in YoloPros™ (RARRacingLLC Independent Reseller) opportunity if they are not planning on selling the products to others.
Most Independent Resellers earn less money each month from the Reseller Platform Payout Formula than they are paying for their product packages. Although it is possible, YoloPros™ (RARRacingLLC) Independent Resellers should NOT expect to make a profit simply by becoming an Independent Reseller as it is very possible that will not occur.
YoloPros™ (RARRacingLLC) cannot guarantee that Independent Resellers earn a profit by implementing the training materials provided. The training materials are for educational purposes only.
No Independent Reseller should spend money that they cannot afford to lose to purchase products, advertising materials, or anything else related to YoloPros™ (RARRacingLLC). It is possible that you will NOT earn any income as an Independent Reseller of YoloPros™ (RARRacingLLC).
A. Earnings. Earnings from product package sales are paid directly IR to IR who qualify pursuant to the Reseller Platform Payout Formula and who are in compliance with the Contract. An Independent Reseller’s success is only achieved through the regular and repeated purchase of Wholesale Product Packages and the regular and repeated product sales themselves and by their Organization. As the success of any Independent Reseller depends largely on the personal efforts of that Independent Reseller, the Company does not guarantee any level of profit or success, nor does it guarantee an Independent Reseller a specific income. An Independent Reseller does not receive compensation for sponsoring or recruiting other Independent Resellers. The only way to earn is through the sale of Retail Products or the sale of wholesale Product Packages.
B. Payment. 100% of all Wholesale Product Package sales are paid directly to a combination of Independent Resellers based on the Reseller Platform Payout Formula (refer to the Payout Formula document on the Website). These payments are made directly IR to IR.
C. No Manipulation. Manipulation of the Distribution Formula is not permitted and may result in disciplinary action. Manipulation of the Distribution Formula includes, but is not limited to, an Independent Reseller purchasing, to qualify for various Ranks or Earnings, large quantities of Wholesale Product Packages and any other actions that may violate state, federal or foreign anti-pyramid scheme laws. Such manipulations may, in the discretion of the Company, result in the suspension of Earnings and termination of the Independent Reseller.
D. Deductions and Offsets. The Independent Reseller authorizes the Company to deduct fees from its Earnings as deemed appropriate at the sole discretion of the Company.
Section 4 Ordering Company Products
A. Inventory. As the Company imposes no specific minimum inventory requirement on its Independent Resellers, an Independent Reseller must use its own judgment to determine the amount of inventory it will need to sustain its projected Retail Sales and personal use.
B. Ordering. Products can be ordered by Internet only.
1. All orders must be submitted using a current Independent Reseller price list and a fully completed order form. The prices of the Company’s Products are subject to change at the discretion of the Company.
2. Payment must be the exact amount of the Product Packages
3. Unless otherwise arranged, all orders must be paid in full prior to delivery.
4. Unauthorized use of another Person’s credit card is prohibited.
C. The collection of sales tax will be the responsibility of the Independent Reseller
I. Returns, Refunds, and Exchanges. The Company will refund the purchase price of Product or exchange it pursuant to the following.
1. If the Independent Reseller purchased the first product package (package 1) directly from YoloPros™ (RARRacingLLC) and is not completely satisfied with the First Wholesale Product Package Purchase, he or she may return the Product Package to the Company within thirty (30) days of the original purchase date and the Company will refund 100% of the purchase price. If the First Product Purchase (Package1) is returned after the thirty (30) day period, no refund will be given.
2. If the product sale was made by an Independent Reseller and not directly by the Company, then the refund policy is up to that Individual Sales Agent. The Company reserves the right to terminate any Individual Sales Agent that does not treat their customers ethically. What is deemed ethical is solely up to the discretion of YoloPros™ (RARRacingLLC).
3. The Company will only refund the first month’s access fee of $19.95 if requested in writing within a 14 day period from when paid. After the first 14 day time period is reached, no refunds will be paid by the Company for additional monthly access fees.
Section 5 Marketing the Product and Opportunity
A. Use of Sales Tools. An Independent Reseller may use only Sales Tools approved by the Company for an Authorized Country. The Independent Reseller agrees that if it uses a fulfillment house or other third party to sell or distribute Sales Tools, the Independent Reseller will enter into a non-disclosure agreement (to be provided by the Company) with the fulfillment house or third party to ensure that all Independent Reseller and Customer information is protected from disclosure and remains the sole property of the Company.
B. Approval of Sales Tools. An Independent Reseller must submit all Sales Tools to the Company for approval prior to use. The Company has complete discretion whether to approve or reject a proposed Sales Tool. The approval process generally requires a minimum of three (3) weeks to complete. To comply with changing laws and regulations, the Company may rescind its prior approval of a Sales Tool, and may require the Independent Reseller to remove from the market at its own cost and obligation a previously approved Sales Tool. If approved, the Company will issue an email to the Independent Reseller confirming approval of said Sales Tools.
C. Product Claims. The only claims and representations Independent Resellers may make regarding Products are those found in the literature distributed by the Company. Any third-party material used for Independent Resellers Business must comply with all federal and local laws and regulations. An Independent Reseller may not make any express or implied health, medical claims, or financial benefits of any kind relating to any Product except for those claims, if any, that are published in Company literature approved for the country in which the claims are presented. Under no circumstances may an Independent Reseller recommend any Product as suitable for a particular ailment or financial gain. No claims may be made as to therapeutic or curative properties of any Product Information recommended offered by the Company.
D. No Altering. Independent Resellers shall not re-label, alter or repackage any Products.
E. No Endorsement Claims. No Independent Reseller may imply that the promotion, operation, or organization of the Company has been approved, sanctioned, or endorsed by any governmental regulatory authority unless noted on company website.
F. Income Claims Prohibition. An Independent Reseller is prohibited from making false, misleading, or unrepresentative claims regarding earning potential.
G. Use of Trademarks and Copyrights. 1. The Company may license the use of its trademarks to Independent Resellers, subject to the limitations herein and subject to the limitations in any licensing agreement. A licensing agreement may be obtained by emailing customer support.
2. Independent Resellers may not use any of the Company’s current or after acquired trademarks or any confusingly similar variations of its marks, in a manner that is likely to cause confusion, mistake, or deception as to the source of the Products or services advertised.
3. Except as indicated herein, an Independent Reseller may not use the Company’s trademarks or any confusingly similar variation of its trademarks (e.g., YoloPros™, Yolo or RARRacingLLC, etc.), in a business name, e-mail address, Internet domain name or subdomain name, URL, telephone number, or in any other address or title. An Independent Reseller may use the Company’s trademarks in a URL, Internet domain or sub-domain name provided that the Independent Reseller has entered into a licensing agreement for a Company Licensed Website. The Independent Reseller agrees to comply with the terms of such licensing agreement and hereby acknowledges that the Company owns, and shall continue to own, all rights in and to the Company’s trademarks in such URL, Internet domain or sub-domain name and that the Company has the right to revoke such use of the Company’s trademarks for any reason and at any time. The Independent Reseller further agrees that the Company has the right to acquire such URL at any time by paying the nominal registration fee to the Independent Reseller and the Independent Reseller agrees to transfer such URL to the Company and take any other necessary steps requested by the Company to effectuate such transfer.
4. The Independent Reseller agrees to immediately re-assign to the Company any registration of the Company names, trade names, trademarks, or Internet domain names registered or reserved in violation of this policy. The provisions of this Section survive the termination of the Contract.
5. Independent Resellers may not use the Company’s trademarks on non-approved Sales Tools.
6. The Company, in its sole discretion, will determine whether a variation of its trademark is confusingly similar.
7. Independent Resellers shall not use the Company’s marks in countries where the use of such marks is prohibited.
8. An Independent Reseller must not use the name, logos, trademarks or other references to the Company’s business or Product partners in any Sales Tool, correspondence, or any form of advertising.
9. The Company’s literature and media are copyrighted by the Company and may not be duplicated.
H. Use of “Independent Resellers” in Advertising. If an Independent Reseller selects a business title, the title must clearly state that the Independent Reseller is a “YoloPros™ (RARRacingLLC) Independent Reseller.” An Independent Reseller’s title may not imply that the Independent Reseller is an employee or agent of the Company. Each time the Company’s logo or name is used in writing and in relation to the Independent Reseller, the Independent Reseller must identify itself as a “YoloPros™ (RARRacingLLC) Independent Reseller.”
I. Methods of Advertising. Independent Resellers may advertise using the following means: 1. Newspaper: An Independent Reseller may place a generic business opportunity advertisement in the classified section of a local newspaper, provided the advertisement conforms to all applicable laws and regulations.
2. Phone Directory: Any Independent Reseller may place a text listing of its name in the white or yellow pages of a telephone directory followed by “YoloPros™ (RARRacingLLC) Independent Reseller.” Graphical and display ads in telephone directories are prohibited.
3. Electronic Mail Advertisements: All advertisements sent via e-mail, telephone, or facsimile must comply with all anti-spamming laws for the state or country where the intended recipient resides. The Independent Reseller is under obligation to research and comply with all laws concerning unsolicited commercial e-mail.
4. Television and Radio: Television and radio advertising requires prior written approval from the Company. Requests should be submitted through customer support.
5. Celebrity Endorsement: An Independent Reseller may use a celebrity endorsement with written approval from the Company and the specific, prior, written approval of the endorsing celebrity for each use of the celebrity's name.
6. Fairs, Swap Meets, Etc.: An Independent Reseller may sell or promote Products at bazaars, flea markets, fairs, swap meets, tradeshows or other similar gatherings only at a price of no less than the Independent Resellers price of the products listed on the website.
7. Internet Auction Sites: An Independent Reseller may not sell or facilitate the sale of Products on Internet websites where an auction is the mode of selling or buying (e.g., eBay). An Independent Reseller may not use a third party to place Product on auction websites or sell Product to a third Party. The provisions of this Section survive the termination of the Contract.
J. Advertising at Company Sponsored Events. At Company-sponsored events, Independent Resellers may not, unless specifically authorized in writing by the Company, advertise, sell, or promote non-Company products or services, including, but not limited to: (i) the promotion of non-Company events, systems or materials, (ii) organized person to person solicitations, (iii) distribution of flyers, DVDs or other materials, or (iv) the use of any other form of promotion deemed inappropriate by the Company.
K. Internet Advertising. Subject to the provisions of Section K.7 herein, Independent Resellers may use only a Company Licensed Website to promote Products or the business platform over the Internet. Promoting Products or the business platform through an unlicensed Internet website is strictly prohibited. Independent Resellers that wish to operate a Company Licensed Website must meet the following criteria:
1. An Independent Reseller may not enter into a website licensing agreement until it has completed a website training course given by the Company.
2. All licensed websites must first be reviewed and approved by the Company as Sales Tools. Licensed websites must be Company-specific and may not advertise, promote, or link to any other product or opportunity
3. Independent Resellers may not use any key words or meta tags to advertise any licensed website on the Internet if the search words or meta tags explicitly or implicitly present illegal or unsubstantiated health or income claims.
4. The Company may revoke the license for any previously approved website at any time and for any reason, including changes to federal and local laws and regulations.
5. Independent Resellers may promote the business opportunity and Products on social networking sites such as “Facebook” and “Twitter;” video sites such as “YouTube” and “Google Video;” and blogging sites such as “WordPress” and “Blogger” (collectively “Social Media Sites”), provided the following conditions are met:
a. All text, audio and video postings do not contain Product or income claims. For Product information, Independent Resellers may refer viewers to their YoloPros™ (RARRacingLLC) replicated website, the Company website, or a Company Licensed Website;
b. Videos posted to Social Media Sites must show the text “YoloPros™ (RARRacingLLC Independent Reseller” for the entirety of the video;
c. The Company may monitor the Social Media Sites for compliance with the Contract and Independent Resellers agrees to immediately remove or modify the Social Media Sites upon the Company’s request to comply with the Contract.
L. Advertising and Selling Price of Products on the Internet. The Independent Reseller acknowledges and agrees that the advertising and selling of all Products on the Internet may only be done on a Company Licensed Website and the advertising and selling price of all Products on such website (i) if sold to an Applicant, must not be lower than the Independent Reseller’s price of the Products. In connection with this Section, the Independent Reseller also agrees that all advertising regarding the price of Products will be truthful and will not contain misleading statements (e.g. "lowest price available" which infers that an Independent Reseller is able to sell the Products at a price lower than other Independent Resellers, etc.). Any violation of this Section by an Independent Reseller shall constitute a breach of the Contract and will be subject to termination.
M. Mass Communications. For purposes of this Section, “Mass Communications” are defined as communications intended to reach thirty (30) or more Independent Resellers in the sender’s Organization or at least four Independent Resellers who are cross-line, within a seven (7) day period. The following rules apply to all Mass Communications issued by an Independent Reseller:
1. Independent Resellers targeted to receive the Mass Communications must have knowingly “opted in” to hear or receive the Mass Communication
a. through registration (if the Mass Communication will be received at an event or webinar); and/or
b. through an affirmative request if the Mass Communication is delivered through an email or on a website.
2. If by e-mail, there must be an “opt out” feature prominently displayed in the Mass Communication.
3. The Mass Communication must comply with the terms of this Section.
4. The following disclaimer shall be prominently positioned in all Mass Communications that promote any particular building method:
There are many methods and techniques used successfully for building your YoloPros™ (RARRacingLLC) business. The building method promoted [in/at] this [website/webinar/email/ meeting/] may be different from that which is taught by fellow Independent Resellers. Please consult with your associates if they have taught you a different building method or if you have any questions.
5. Independent Resellers acknowledge that allowing the Independent Reseller to create databases of Independent Resellers information for Mass Communications, the sale of tools, and for any other purposes constitutes the use of Company Confidential Information, which information is the Company’s trade secrets, and such use can be a substantial financial benefit to the Independent Reseller. The Independent Reseller acknowledges that he or she is subject to the Cross-Company Recruiting obligations set forth in this agreement and shall survive the termination of the Contract.
N. Lead Distribution. Persons who are outside the Company network often make inquiries to the Company about its Products. If the Company is able to determine that the inquiring Person received the information from a specific Independent Reseller or that there is a particular Independent Reseller that the Person is acquainted with, every attempt will be made to refer the Person to that Independent Reseller. If an association with a particular Independent Reseller cannot be determined, final judgment with respect to the positioning of leads remains the right of the Company.
O. Public Relations Matters. The Company encourages Independent Resellers to use personal media coverage to expand and build their business; however, certain situations require the Independent Reseller to contact the Company. These would include:
1. instances where the story or medium has national potential;
2. cases where the story calls for a wider Company/Product perspective; and/or
3. when the Independent Reseller is questioned about Company sales figures and/or business strategies.
P. Retail or Service Establishments: An Independent Reseller may sell Products or promote the platform through Retail or Service Establishments as long as i) The display of Independent Reseller’s information within the premises of a Retail or Service Establishment is clearly indicated, and ii) the product is not sold for an amount less than the Independent Resellers price of the product as shown on the website.
Section 6 Breach of Contract Procedures
A. Conditional Obligations. The Company’s obligations to an Independent Reseller are conditioned upon the Independent Reseller’s faithful performance of the terms and conditions of the Contract. The Company, in its sole discretion, will determine if an Independent Reseller is in breach of the Contract and may elect any or all available remedies.
B. Remedies. In the event of breach, the Company may elect to take no action or to exercise some or all contractual remedies and remedies at law or in equity, including, but not limited to:
1. Notify the Independent Reseller either in writing or verbally of the breach and providing a notice to cure the breach;
2. Require from the Independent Reseller additional assurances of future compliance;
3. Withhold or deny recognition and attendant perks;
4. Assess damages and withhold them from Earnings;
5. Suspend Independent Resellers Rights temporarily or permanently;
6. Seek injunctive relief;
7. Terminate the Contract; and
8. Seek damages and associated costs.
C. Reporting Contract Breaches. If an Independent Reseller observes or is aware of another Independent Reseller’s violation of any term or condition of the Contract, the observing Independent Reseller shall submit a written complaint to the Company’s support department through email. Because of the difficulties of investigating and asserting appropriate remedies for stale claims, any complaint for breach of the terms and conditions of the Contract other than Cross-Company Recruiting must be brought to the Company’s attention for review within eighteen (18) months of the start of the alleged violation; Cross-Company Recruiting violations must be brought to the Company’s attention within six (6) months of the alleged violation. Failure to report a violation within that time period may result in the Company not pursuing the allegations in order to prevent the Independent Resellers Business from being disrupted due to stale claims. However, this policy does not waive the Company’s right to investigate and discipline Independent Resellers found guilty of the stale claims.
D. Circumvention of the Contract. The Contract is designed to protect Independent Resellers and the Company from the adverse consequences of their violation. Independent Resellers who intentionally circumvent the Contract to accomplish indirectly what is prohibited directly will be disciplined as if the applicable policy or rule had been broken directly. In such circumstances, all of the available remedies as stated above will be available to the Company. The Contract is not intended to give an Independent Reseller the right to enforce the Contract against another Independent Reseller directly, or to take any legal action against another Independent Reseller.
Section 7 Termination
1. An Independent Reseller may terminate the Contract by writing a request to support through the Company Website to terminate or by written mail.
2. The Company may terminate the Contract if the Independent Reseller violates the terms of the Contract and any amendments thereto.
3. Upon termination, the Company may in its sole discretion retain the Independent Reseller and terminate their contract with the Company.
B. Return of Confidential Information. An Independent Reseller must return all Confidential Information, including any information derived therefrom, over which he or she has direct or indirect control to the Company upon termination or upon demand of the Company. If any such Confidential Information cannot be returned because it is in electronic format, the Independent Reseller shall permanently delete and erase the Confidential Information upon termination or upon demand.
C. Buyback. If an Independent Reseller is in breach, the Company reserves the right to stop or delay the buyback process set forth in this Contract.
D. Effects of Termination for Breach of Contract. 1. An Independent Reseller whose Contract is terminated by the Company must wait six (6) months before applying for as a new Independent Reseller. During that time, the Independent Reseller can have no Beneficial Interest in any other Independent Reseller’s business.
2. Upon termination of the Contract, all of the Independent Resellers rights in and to the Independent Reseller Business are revoked and terminated. In acknowledgement of the damages the Company has likely suffered and/or will suffer as a result of Independent Resellers breach, including but not limited to, all or any of the following: (i) loss of good will and loss in the value of the Company’s confidential and proprietary information and trade secrets; (ii) loss of a portion of the value of the Company’s business; and (iii) loss of future profits; Independent Reseller consents that any unpaid Earnings may be forfeited to the Company to offset a portion of the damages.
3. The Company may elect to reorganize the Sales Agent terminated for breach in a manner that serves the best interests of the Company, and other remaining active Independent Resellers.
4. Where the Company elects to terminate the Independent Reseller in which there is more than one Beneficial Interest holder, the following may apply: a. the departing Beneficial Interest holder(s) must relinquish all rights to, and interests in, the Independent Sales Agency; b. The Company may not divide or reassign any of the Organization; and c. The Company may not split Earnings between the prior or current Beneficial Interest holders of the Independent Sales Agency.
E. Effects of Voluntary Termination by the Independent Reseller.
1. The Contract can be voluntarily terminated by an Independent Reseller who is not in breach of the Contract for any reason, at any time, by providing written notice to the Company signed by all Person(s) listed on the Independent Resellers Agreement. The termination is effective on the date the Company receives the written notice. If an Independent Reseller is in breach of the Contract, he or she cannot voluntarily or unilaterally terminate the Contract
2. Upon termination of the Contract, all of the Independent Reseller’s rights in and to the Independent Resellers Business are revoked and terminated.
3. An Independent Reseller who voluntarily terminates Independent Sales Agency and is not in breach of the Contract may rejoin under a new Independent Reseller under the same or a new enroller at any time.
4. An Independent Reseller may not terminate voluntarily if the Independent Sales Agency is not in good standing with the Company, as may be evidenced by, but not limited to, any of the following conditions: (i) a temporary Independent Reseller; (ii) an Independent Reseller is on hold, suspension or probation; (iii) the Independent Reseller is under investigation, but no formal discipline has taken place; or (iv) notice of intent to terminate has been sent.
Section 8 Miscellaneous
A. Entire Agreement. The Contract contains the entire understanding concerning the subject matter hereof between the Company and the Independent Reseller, and is intended as a final, complete, and exclusive expression of the terms of the parties. This Contract supersedes and replaces all prior negotiations and proposed, but unexecuted agreements, either written or oral. Any prior agreements, promises, negotiations, or representations, either written or oral, relating to the subject matter of this Contract, are of no force or effect. If there is any discrepancy between verbal representations made to the Independent Reseller by any employee or agent of the Company and the terms of the Contract, the express written terms and requirements of the Contract will prevail.
B. Headings. The section and subsection headings in the Contract are inserted solely as a matter of convenience and for reference, and will not be considered in the construction or interpretation of any provision hereof. Unless the context otherwise specifically requires, all references to sections of the Contract will refer to all subsections thereof.
C. Modifications by the Company. The Company reserves the right to make any modifications to the Contract, provided that the modifications are communicated by the Company to the Independent Reseller at least thirty (30) days prior to taking effect. The Company may communicate these modifications by posting any portion of the modified Contract on the Company’s website, or by any other method of communication. The Independent Reseller is deemed to have accepted the modification to the Contract if the Independent Reseller engages in any Independent Reseller’s Business, renews its Independent Sales Agency by paying the monthly $19.95 access fee, or accepts Earnings.
D. Warranties. The Company extends no product warranties, either expressed or implied, beyond those specifically articulated in the Contract. The Company disclaims and excludes all warranties regarding possible infringement of any United States or foreign patent, trademark, trade name, copyright, or trade secret arising from the Independent Resellers operations. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
E. Waiver. Any waiver by the Company of an Independent Resellers breach of a Contract provision must be in writing and will not be construed as a waiver of any subsequent or additional breach by the Independent Resellers. The failure by the Company to exercise any right or privilege under the Contract will not constitute a waiver of that right or privilege.
F. Severability. If any term or condition of this Contract is judicially invalidated, prohibited, or otherwise rendered unenforceable in any jurisdiction, it is unenforceable only to the extent of the invalid, prohibited or unenforceable provision in that jurisdiction only, and it will not render unenforceable or invalidate any other provision of the Contract, nor will the Contract be rendered nenforceable or invalidated in another jurisdiction. Furthermore, any provision found unenforceable may be partly enforced to the maximum extent enforceable under the law.
G. Force Majeure. Independent Reseller acknowledges that the Company is not liable for any damages or losses caused by the delay or inability to manufacture, sell, or deliver its products due to labor strikes, accidents, fire, flood, acts of civil authority, acts of God, acts of terrorists, or from any other causes that are beyond the control of the Company.
H. Governing Law, Arbitration Injunctive Relief. The State of Nevada is the place of the origin of this Contract and is where the Company accepted the offer of the Applicant to become an Independent Reseller and where the Independent Reseller entered into the Contract with the Company. The Contract is therefore to be construed in accordance with the laws of the State of Nevada (without giving effect to any conflict of law provision or rule) as to contracts made and to be wholly performed within the State. Any controversy or claim arising out of or relating to the Contract or the breach thereof, or any controversy or claim relating to the business relationships arising between Independent Resellers shall be resolved by mandatory, final, binding, non-appealable arbitration in Las Vegas, Nevada, United States of America.
I. Attorney’s Fees. If any suit, action, or proceeding is brought to enforce any term or provision of this Contract, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses incurred, in addition to any other relief to which such party may be legally entitled.
J. Successors and Assigns. The Contract will be legal and binding upon and inure to the benefit of the heirs, devisees, executors, administrators, personal representatives, successors, and assigns (as applicable) of the respective parties hereto.
K. Limitation of Liability. To the extent permitted by law, the Company, its directors, officers, members, managers, shareholders, employees, assigns and agents (collectively referred to as “Responsible Parties”) shall not be liable for, and the Independent Reseller releases Company and its Responsible Parties from and waive all claims, for any loss of profits, indirect, direct, special or consequential damages, and for any other losses incurred or suffered by Independent Resellers as a result of: (i) Independent Resellers breach of the Contract, (ii) the promotion or operation of the Independent Reseller and the ) Independent Reseller’s B. Independent Reseller’s business; (iii) Independent Reseller’s incorrect or wrong data or information provided to the Company or its Responsible Parties; or (iv) the Independent Resellers failure to provide any information or data necessary for the Company to operate its business. Under no circumstances, including negligence, shall anyone involved in creating, producing or distributing this service, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use this service, and all the files and software contained within it, including, but not limited to, reliance on any information obtained through this service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. EACH INDEPENDENT RESELLER AGREES THAT THE ENTIRE LIABILITY OF THE COMPANY AND ITS RESPONSIBLE PARTIES FOR ANY CLAIM WHATSOEVER RELATED TO THE CONTRACT, BUT NOT LIMITED TO, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR EQUITY, SHALL NOT EXCEED, AND SHALL BE LIMITED TO, THE AMOUNT OF PRODUCTS THE INDEPENDENT RESELLER HAS PURCHASED DIRECTLY FROM THE COMPANY.