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ibüümerang Subscription Terms and Conditions
1. By establishing a Subscription Profile, I authorize IBuumerang to e-ship the subscription package I have selected each month. IBuumerang is under no obligation to e-ship subscriptions if the authorized credit card(s) have been closed, are expired, or the monthly limit exceeded. This Agreement does not supersede or modify in any way the policies and procedures of my IBuumerang Distributor Agreement. IBuumerang reserves the right to modify or terminate the Subscription programs in its sole discretion.
2. PAYMENT AUTHORIZATION: I authorize IBuumerang to withdraw payment for my Subscription order(s) from my credit card(s) or bank account identified within my Subscription Profile. If I have elected to participate in the electronic checking program, I hereby authorize IBuumerang to electronically withdraw payment from my checking account for orders I placed directly and for Subscription orders as authorized in this Agreement. IBuumerang is authorized to withdraw payment equal only to the amount of the products and/or services, applicable sales tax, and shipping and handling of products that I order, or the Subscription orders I have selected. I agree to pay a $25.00 service fee in the event a check or charge is returned for any reason. I have the right to have the amount of any erroneous withdrawal deposited into my account as soon as reasonably possible and upon proper notification to IBuumerang. I shall hold IBuumerang harmless for all special or consequential damages, whether direct or indirect, resulting from any wrongful debit to my account.
3. CHANGES: Changes can be made online by editing your Subscription Profile. Changes must be submitted to the company at least ten business days prior to Monthly Anniversary Date of any Subscription order. If more than one Subscription Agreement has been submitted, the most recent Agreement will supersede all previous Agreements. IBuumerang reserves the right to change its prices associated with its products without notice. In the event that sales taxes and/or shipping and handling charges have been incorrectly calculated, IBuumerang will adjust them to the proper amounts.
4. TERM: This Agreement will remain in effect until you: (1) elect to alter or change any aspect of this Agreement by submitting a new Subscription Agreement or by changing your Subscription Profile online; (2) stop payment of any withdrawals by IBuumerang by notifying your issuing bank at least three days prior to the scheduled charging of your account. Notice of cancellation must be received ten business days before your Monthly Anniversary Date in order to avoid charges for that month. If a cancellation notice is received after ten business days before your Monthly Anniversary Date, cancellation will become effective in the month following the month in which your notice of cancellation is received by IBuumerang.
5. SUBSCRIPTION DATE: If your join date falls between the 26th and the 31st of the month, your Subscription date will automatically become the 25th of the month even though the system may show your Subscription date as the 26th, 27th, etc., it will actually run on the 25th. Example: You become a IBuumerang Distributor on October 30th (Join Date), your Subscription date in November and all future months will be on the 25th.
IBuumerang Policies and Procedures
SECTION 1 – CODE OF ETHICS
IBuumerang (hereafter "IBuumerang" or the "Company") has made a commitment to provide the finest direct sales experience backed by impeccable service to its Associates and customers. In turn, the Company expects IBuumerang Associates to reflect that image in their relationships with customers and fellow Associates.
As a IBuumerang Associate you are expected to operate your business according to the highest standards of integrity and fair practice in your role as a IBuumerang Associate. Failure to comply with the Code of Ethics can result in your termination as a IBuumerang Associate. The Code of Ethics, therefore, states:
As an Independent Associate:
I will conduct my business in an honest, ethical manner at all times.
I will make no representations about the income benefits of being an Associate with IBuumerang or the benefits of the IBuumerang products other than those contained in officially–approved Company literature.
I will provide support and encouragement to my customers and other Associates to ensure that their experience with IBuumerang is a successful one.
I will motivate and actively work with Associates in my downline organization to help them build their IBuumerang business. I understand that that this support is critical to each Associate's success with IBuumerang.
I will refrain from making income claims, exaggerating my personal income or the income potential in general and will stress to Associate candidates the level of effort and commitment required to succeed in the business.
I will not abuse the goodwill of my association with IBuumerang to further or promote other business interests (particularly those which may be competitive to IBuumerang) without the prior written consent of IBuumerang.
I will not make disparaging remarks about other products, services, Associates, or companies; likewise, I will not willfully denigrate the activities or personalities of fellow IBuumerang Associates.
I will abide by all of the Policies and Procedures of IBuumerang as included herein, or as may be amended from time to time.
I will not make any payment(s) or promise to pay any prospective or existing Associate in return for such Associate's enrollment, continued enrollment, or team building or recruiting activities with IBuumerang.
SECTION 2 – INTRODUCTION
2.1 – Policies and Compensation Plan Incorporated into Associate Agreement
These Policies and Procedures, in their present form and as amended at the sole discretion of IBuumerang, are incorporated into, and form an integral part of, the IBuumerang Associate Agreement. Throughout these Policies and Procedures, when the term "Agreement" is used, it collectively refers to the IBuumerang Associate Application and Agreement Form, these Policies and Procedures and the IBuumerang Compensation Plan. These documents are incorporated by reference into the IBuumerang Associate Agreement (all in their current form and as may be amended by IBuumerang).
2.2 – Purpose of Policies
IBuumerang is a direct sales company that markets products through Independent Associates. Independent Associates have the ability to receive commissions and bonuses by selling IBuumerang products (see IBuumerang Compensation Plan). It is important to understand that your success and the success of your fellow Associates depends on the integrity of those who market our services. To clearly define the relationship that exists between Associates and IBuumerang, and to explicitly set a standard for acceptable business conduct, IBuumerang has established the Agreement. IBuumerang Associates are required to comply with all of the provisions set forth in the Agreement, which IBuumerang may amend at its sole discretion from time to time, as well as with all federal, state and local laws governing their IBuumerang business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the IBuumerang corporate office.
2.3 – Changes to the Agreement
Because laws and the business environment periodically change, IBuumerang reserves the right to amend the Agreement, the products offered, the compensation plan, and the prices at the Company's sole and absolute discretion. By signing the Associate Agreement, an Associate agrees to abide by all amendments or modifications that IBuumerang elects to make. Amendments shall be effective immediately after publication. The Company shall provide or make available to all Associates a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company's official website; (b) electronic mail (email); (c) inclusion in Company periodicals; (d) inclusion with commissions or bonus checks; or (e) special mailings.
2.4 – Delays
IBuumerang shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party's source of supply, government decrees or orders, and acts of God.
2.5 – Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement.
2.6 – Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of IBuumerang to exercise any right or power under the Agreement or to insist upon strict compliance by an Associate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of IBuumerang's right to demand exact compliance with the Agreement. Waiver by IBuumerang can be affected only in writing by an authorized officer of the Company. IBuumerang's waiver of any particular breach by an Associate shall not affect or impair IBuumerang's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Associate. Nor shall any delay or omission by IBuumerang to exercise any right arising from a breach affect or impair IBuumerang's rights as to that or any subsequent breach. The existence of any claim or cause of action of an Associate against IBuumerang shall not constitute a defense to IBuumerang's enforcement of any term or provision of the Agreement.
SECTION 3 – BECOMING AN ASSOCIATE
3.1 – Requirements to Become an Associate
To become a IBuumerang Associate, each applicant must:
3.1.1 – Pay a $49.00 Associate Enrollment Fee;
3.1.2 – Be at least 18 years of age;
3.1.3 – Reside in the 50 United States or other jurisdictions officially opened by the Company;
3.1.4 – Have a valid Social Security or Tax ID number;
3.1.5 – Submit an accepted IBuumerang Associate Application and Agreement; and
3.1.6 – Pay the annual $40.00 renewal fee.
The Company reserves the right to reject any applications for a new Associate or applications for renewal. No product purchase is required to become a new Associate.
3.2 – Associate Benefits
Once the Associate Application and Agreement have been accepted by IBuumerang, the following benefits are available to the new Associate:
Market and sell IBuumerang products;
Participate in the IBuumerang Compensation Plan (receive bonuses and commissions, if eligible);
Enroll other individuals as Associates into the IBuumerang business and thereby, build a marketing organization and progress through IBuumerang Compensation Plan;
Receive periodic IBuumerang literature and other IBuumerang communications;
Participate in IBuumerang–sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
Participate in promotional incentives and programs sponsored by IBuumerang for its Associates.
SECTION 4 – OPERATING A IBuumerang BUSINESS
4.1 – Adherence to the IBuumerang Compensation Plan
Associates must adhere to the terms of the IBuumerang Compensation Plan as set forth in official IBuumerang literature.
Associates shall not offer the IBuumerang opportunity through, or in combination with, any other system, program or method of marketing other than that specifically set forth in official IBuumerang literature. Associates shall not require or encourage other current or prospective customers or Associates to participate in IBuumerang in any manner that varies from the program as set forth in official IBuumerang literature. Associates shall not require or encourage other current or prospective customers or Associates to execute any agreement or contract other than official IBuumerang agreements and contracts in order to become a IBuumerang Associate. Similarly, Associates shall not require or encourage other current or prospective customers or Associates to make any purchase from, or payment to, any individual or other entity to participate in the IBuumerang Compensation Plan other than those purchases or payments identified as recommended or required in official IBuumerang literature.
4.2 – Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. "Bonus buying" includes:
(a) the enrollment of individuals without their knowledge and agreement and/or without execution of an Associate Application;
(b) the fraudulent enrollment of an individual as an Associate;
(c) the enrollment or attempted enrollment of non–existent individuals as Associates;
(d) the use of a credit card by or on behalf of an Associate or customer when the Associate or customer is not the account holder of such credit card;
(e) purchasing IBuumerang products on behalf of another Associate, or under another Associate's ID number, to qualify for commissions or bonuses.
4.3 – Business Entities
A Partnership, LLC or Corporation may hold an Associate business upon completion of the Associate Application form, and providing on that form in the appropriate space, a Federal tax ID number. However, an individual may not participate in or have any beneficial interest in more than one (1) Associate business of any kind. The person signing the application on behalf of a business entity must have the authority of said entity for entering into the transaction. In addition, by signing for as a business entity, you certify that no person with an interest of debt or equity in the business has had an interest in an Associate business with IBuumerang within six (6) months of the date of signature.
4.4 – Changes to a IBuumerang Business
4.4.1 – General
Each Associate must immediately notify IBuumerang of all changes to the information contained in his or her Associate Application and Agreement. Associates may modify their existing Associate Agreement Form by submitting a written request and appropriate supporting documentation.
4.4.2 – Change of Enroller
To protect the integrity of all marketing organizations and safeguard the hard work of all Associates, IBuumerang does not allow changes in enroller for active Associates. Maintaining the integrity of the enrollership is critical for the success of every Associate and marketing organization. Accordingly, the transfer of a IBuumerang business from one enroller to another is not permitted.
Exception – A request for a change in enroller, due to IBuumerang error, will be accepted within 3 days of the submission of the new Associate application.
4.4.3 – Cancellation and Re–application
An Associate may legitimately change organizations by:
Following the 6 calendar month period of inactivity, the former Associate may reapply under a new enroller. However the former Associate will permanently lose any and all right to their former Associate Downline organization. "Downline" shall mean the organization of Independent Associates that enroll and are placed under any Independent Associate.
4.5 – Unauthorized Claims and Actions
4.5.1 – Indemnification
A IBuumerang Associate is fully responsible for all of his or her verbal and written statements made regarding IBuumerang products, services, and the Compensation Plan that are not expressly contained in official IBuumerang materials. Associates agree to indemnify IBuumerang and IBuumerang's directors, officers, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by IBuumerang as a result of the Associate's unauthorized representations or actions. This provision shall survive the termination of the Associate Agreement.
4.5.2 – Income Claims and Marketing
In their enthusiasm to enroll prospective Associates, some Associates are occasionally tempted to make health claims or income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Associates may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.
Moreover, the Federal Trade Commission and the States have laws or regulations that regulate or even prohibit certain types of income and health claims and testimonials made by persons engaged in network marketing. While Associates may believe it is beneficial to provide copies of checks, or to disclose their earnings or others, such approaches have legal consequences that can negatively impact IBuumerang as well as the Associate making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Associates do not have the data necessary to comply with the legal requirements for making income claims, an Associate may NOT make income projections, income claims or disclose his or her IBuumerang income (including, but not limited to, the showing of checks, copies of checks, bank statements or tax records).
When promoting the products and the tremendous opportunity IBuumerang offers, Associates must use only the sales tools and support materials produced by IBuumerang. The Company has carefully designed its products, product labels, Compensation Plan and promotional materials to ensure that they are promoted in a fair, truthful manner; that they are substantiated and the material complies with the legal requirements of federal and state laws. Accordingly, Associates must not produce their own literature, advertisements, sales tools, promotional materials, Internet Web pages, blogs, and/or social media pages.
4.5.3 – Claims of Illegal Use
When promoting IBuumerang products, Associates shall not make any verbal or written statement regarding the use—or potential use—of IBuumerang products for any illegal purpose. This includes, but is not limited to, statements regarding knowledge of the illegal use of IBuumerang products by the Associate or any third party, the compatibility of IBuumerang products with any other product known to be used for illegal purposes, or the potential compatibility of IBuumerang products with any other product known or unknown that would facilitate any practice prohibited by law. Associates agree to indemnify IBuumerang and IBuumerang's directors, officers, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by IBuumerang as a result of any such statements made by the Associate.
4.5.4 -- Product Claims. No claims may be made (including those made in personal testimonials) as to therapeutic, curative, or beneficial properties of any products offered by IBuumerang. An Associate may not make any prescriptive, disease, medicinal, or therapeutic claims for any IBuumerang product or specifically prescribe IBuumerang product(s) as suitable for the treatment of any ailment. No representation or sales offers may be made relating to IBuumerang product(s) that is not accurate or truthful as to grade, quality, performance, and availability. Appropriate product information is contained in authorized IBuumerang literature and is subject to periodic review and revision by IBuumerang. It is the Associate’s responsibility to obtain and use only current literature and materials. All product representations made by an Associate must be the same as those found in current IBuumerang literature. Associates are prohibited from diagnosing any medical condition or prescribing or suggesting any IBuumerang product as a form of treatment for any disease or condition. Additionally, testimonials in literature and websites must not contain any reference to cures, healings, miraculous recoveries and/or the suggestion to cease taking any physician prescribed medications; and must state that the material does not represent that all people will have the same experience. All product claims must be accompanied by a disclaimer acceptable to IBuumerang, stating the comments displayed were for information purposes only, and have not been evaluated by the Food and Drug Administration and therefore are not intended to diagnose, treat, cure or prevent any disease. IBuumerang products are designed to be an important overall part of an individual’s daily healthy lifestyle. IBuumerang believes in embracing health, not fighting disease. If an interested person, customer or Associate is suffering from a medical condition, it is recommended that they speak with a medical professional prior to making any nutritional or dietary changes in their lives. Not only do such claims violate IBuumerang policies, but they potentially violate Federal and local laws and regulations, including the Federal Food, Drug and Cosmetic Act and Federal Trade Commission Act.
4.6 – Conduct at IBuumerang Corporate Events
4.6.1 – No Selling or Recruiting at IBuumerang Events
Selling and recruiting at official IBuumerang corporate events is not permitted. These activities take away from the primary focus of the event, and can negatively reflect on the professional image of IBuumerang as a company. You may, however, offer a business card.
4.6.2 – No Selling or Recruiting for Other Companies at IBuumerang Events
IBuumerang Associates shall not sell any products or recruit for any business during IBuumerang events.
This restriction most specifically applies to sales and recruitment efforts for any other direct sales or marketing program, regardless of the product category, including those that do not compete with IBuumerang's product line.
4.7 – Conflicts of Interest
4.7.1 – Competition Policy
IBuumerang Associates are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively "network marketing"), with the exception of those products in the same generic category as IBuumerang products. Associates may not display IBuumerang products with any other products or services in a fashion that might in any way confuse or mislead a prospective customer or Associate into believing there is a relationship between the IBuumerang and non–IBuumerang products or services.
4.7.2 – Non–solicitation
During the term of this Agreement, Associates may not recruit other IBuumerang Associates or customers for any other network marketing business. Following the cancellation of this Agreement for any reason, and for a period of one year thereafter, a former Associate may not recruit any IBuumerang Associate or customer for another network marketing business. The Associates and Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States, and business is commonly conducted via the Internet and telephone, an effort to narrowly limit the geographic scope of this non–solicitation provision would render it wholly ineffective. Therefore, the Associates and Company agree that this non–solicitation provision shall apply to all markets in which IBuumerang conducts business, unless such company is doing business.
The term "recruit" means actual or attempted solicitation, enrollment, encouragement or effort to influence in any other way, either directly or through a third party, another IBuumerang Associate or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
4.7.3– Downline Activity (Genealogy) Reports
Downline Activity Reports made available for Associate access and viewing through IBuumerang's official website are considered confidential. Associate access to their Downline Activity Reports is password protected. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to IBuumerang. Downline Activity Reports are provided to Associates in the strictest of confidence and are made available to Associates for the sole purpose of assisting Associates in working with their respective Downline Organizations in the development of their IBuumerang business. Associates should use their Downline Activity Reports to assist, motivate and train their Downline Associates. The Associate and IBuumerang agree that, but for this agreement of confidentiality and nondisclosure, IBuumerang would not provide Downline Activity Reports to the Associate. An Associate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
Directly or indirectly disclose any information contained in any Downline Activity Report to any third party;
Directly or indirectly disclose the password or other access code to his or her Downline Activity Report;
Use the information to compete with IBuumerang or for any purpose other than promoting his or her IBuumerang business;
Recruit or solicit any Associate or Customer of IBuumerang listed on any report or in any manner attempt to influence or induce any Associate or customer of IBuumerang to alter their business relationship with IBuumerang;
Use or disclose to any person, partnership, association, corporation or other entity any information contained in any Downline Activity Report.
Upon demand by the Company, any current or former Associate will return the original and all copies of Downline Activity Reports to the Company.
4.8 – Cross–Enrolling
Actual or attempted cross–enrolling is strictly prohibited. "Cross–enrolling" is defined as the enrollment of an individual or entity that is already a current Customer or Associate of IBuumerang, or who has had such an agreement within the preceding 6 calendar months, within a different line of enrollership. The use of a spouse or relative's name, a straw man, trade names, assumed names or fictitious ID numbers to circumvent this policy is prohibited. Associates shall not demean, discredit or defame other IBuumerang Associates in an attempt to entice another Associate to become part of the first Associate's marketing organization. If a prohibited organization transfer occurs, IBuumerang shall take disciplinary action against the Associate(s) who engaged, acquiesced and/or knowingly participated in the improper cross–enrolling. However, it shall be entirely within IBuumerang's discretion where in the genealogical structure, the cross–enrolled organization in question shall be placed or otherwise distributed.
Because equities often exist in favor of both Upline organizations, ASSOCIATES WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST THE COMPANY FOR ITS DECISION REGARDING THE FINAL DISPOSITION OR PLACEMENT OF THE CROSSENROLLED ORGANIZATION. "Upline" shall mean the organization of Independent Associates enrolled and placed above any Independent Associate.
4.9 – Errors or Questions
If an Associate has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Associate must notify the IBuumerang Associate Support Department at support@IBuumerang.com, in writing, within 15 days of the date of the purported error or incident in question. IBuumerang will not be responsible for any errors, omissions or problems not reported to the Company within 15 days.
4.10 – Sales Aids Optional
Associates are not required to purchase or carry sales aids. Associates who do so must make his or her own decision with regard to these matters. Absolutely no use of the IBuumerang name may be used on marketing materials, including any social media such as Facebook or InstaGram. To ensure that Associates are not encumbered with Company Sales Aids, such Sales Aids may be returned to IBuumerang upon the Associate's cancellation pursuant to the terms of Section 8.2.
4.11 – Governmental Approval or Endorsement
No federal or state regulatory agencies or officials approve or endorse any direct selling program. Therefore, Associates shall not represent or imply that IBuumerang or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
4.12 – Manipulating Applications or Enrollments
Associates must not manipulate enrollments of new Associates or customer orders.
4.13 – Identification
All Associates are required to provide their Social Security Number or Federal Tax Identification Number to IBuumerang on the Associate Application and Agreement.
Upon enrollment, the Company will provide a unique Associate Identification Number to the Associate by which he or she will be identified. This number will be used to place orders and track commissions and bonuses.
4.14 – Income Taxes
Each Associate is responsible for paying local, state and federal taxes on any income generated as an Associate. Every year, IBuumerang will provide IRS Form 1099 (non–employee compensation) earnings statement to each U.S. resident who (a) had earnings of over $600 in the previous calendar year or (b) made purchases during the previous calendar year in excess of $5,000 wholesale.
4.15 – Independent Contractor Status
Associates are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between IBuumerang and its Associates does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Associate. Associates shall not be treated as an employee for his or her services or for federal or state tax purposes. All Associates are responsible for paying local, state and federal taxes due from all compensation earned as an Associate of the Company. The Associate has no authority (expressed or implied) to bind the Company to any obligation. Each Associate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Associate Agreement Form, and these Policies and Procedures, and applicable laws.
The name of IBuumerang and other names as may be adopted by IBuumerang are proprietary trade names, trademarks and service marks of IBuumerang. As such, these marks are of great value to IBuumerang and are supplied to Associates for their use only in an expressly authorized manner. Use of the IBuumerang name on any item not produced by the Company is prohibited except as follows:
Independent IBuumerang Associate
All Associates may list themselves as an "Independent IBuumerang Associate" in the residential telephone directory ("white pages") under their own name. Associates may not place telephone directory display ads in the classified directory ("Yellow Pages") using IBuumerang's name or logo.
Associates may not answer the telephone by saying "IBuumerang" or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of the Company.
Advertising is not limited to print media; it also includes internet advertising and other forms of advertising. It is prohibited for an Associate to use an internet or email address that utilizes the trade name IBuumerang, or includes IBuumerang in a portion of the address. It is also prohibited for an Associate to use any website materials on a website that references or relates to IBuumerang that is not authorized in writing by IBuumerang. It is also prohibited for an Associate to place links to unauthorized websites or webpages onto a website or webpage that has been authorized by IBuumerang.
4.16 – Insurance
4.16.1 – Business Pursuits Coverage
You may wish to arrange insurance coverage for your business. Your homeowner's insurance policy may not cover business related injuries or the theft of or damage to your business. Contact your insurance agent to make sure that your business property is protected.
4.17 – International Marketing
Because of critical legal and tax considerations, IBuumerang must limit the marketing and enrollment of IBuumerang services and the presentation of the IBuumerang business to prospective customers and Associates located within the 50 United States of America and any other jurisdiction officially opened by IBuumerang. Associates are only authorized to do business in the countries in which IBuumerang has announced are open for business in official Company literature.
4.18 – Laws and Ordinances
Associates shall comply with all federal, state and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home–based businesses. In most cases these ordinances are not applicable to Associates because of the nature of their business. However, Associates must obey those laws that do apply to them. If a city or county official tells an Associate that an ordinance applies to him or her, the Associate shall comply with the law.
4.19 – Minors
Associates shall not enroll or recruit individuals under the age of 18 into the IBuumerang program.
4.20 – Actions of Household Members or Affiliated Individuals.
If any member of an Associate's household, family, or other affiliated individual engages in any activity that, if performed by the Associate, would violate any provision of the Agreement, such activity will be deemed a violation by the Associate and IBuumerang may take disciplinary action pursuant to the Statement of Policies against the Associate.
4.21 – One IBuumerang Business Per Associate and Household Restrictions
An Associate may operate or have an ownership interest in only one IBuumerang business. No individual may have, operate or receive compensation from more than one IBuumerang business. Individuals of the same family unit may enter into or have an interest in more than one IBuumerang Business provided a family member acts as the direct enroller of the other. A "family unit" is defined as spouses, domestic partners and dependent children living at or doing business at the same address.
An exception to the one–business–per–Associate rule will be considered on a case–by–case basis if two existing Associates marry. Requests for exceptions to this policy must be submitted in writing to the Compliance Department.
4.22 – Reserved.
4.23 – Requests for Records
Any request from an Associate for copies of invoices, agreements, Downline activity reports or other records/reports will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
4.24 – Sale, Transfer or Assignment of IBuumerang Business
4.24.1 – Although an IBuumerang business is a privately owned, independently operated business, the sale, transfer or assignment of an IBuumerang business, and the sale, transfer or assignment of an interest in a Business Entity that owns or operates a IBuumerang Associate business, is subject to certain limitations. If an Associate wishes to sell his or her IBuumerang business, or interest in a Business Entity that owns or operates a IBuumerang business, the following criteria must be met:
The selling Associate must offer IBuumerang the right of first refusal to purchase the business on the same terms as agreed upon with a third–party buyer. IBuumerang shall have fifteen (15) days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
The buyer or transferee must become a qualified Associate. If the buyer is an active IBuumerang Associate, he or she must first terminate his or her IBuumerang business and however the six (6) calendar month waiting period may be waived before acquiring any interest in the new IBuumerang business;
Before the sale, transfer or assignment can be finalized and approved by IBuumerang, any debt obligations the selling party has with IBuumerang must be satisfied.
The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a IBuumerang Associate business.
Prior to selling a Business Entity interest, the selling party must notify IBuumerang's Compliance Department in writing and advise of his or her intent to sell IBuumerang's business or Business Entity interest. The selling party must also receive written approval from the Compliance Department before proceeding with the sale.
4.25 – Separation of a IBuumerang Associate Business
In the event of a dissolution of marriage of a IBuumerang Associate, and a spouse, arrangements must be made to assure that any division of the business assets is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of enrollership. If the separating parties fail to provide for the best interests of other Associates and the Company, IBuumerang may be forced to involuntarily terminate the Associate Agreement.
4.25.1 – During the pendency of a divorce or dissolution, the Company shall treat the business according to the status quo as existed prior to the filing of the divorce or dissolution.
Under no circumstances will the Downline Organization of divorcing spouses be divided. Similarly, under no circumstances will IBuumerang split commission and bonus checks between divorcing spouses. IBuumerang will recognize only one Downline Organization and will issue only one commission check per IBuumerang business per commission cycle. Commission checks shall always be issued to the individual whose name appears on the Associate Agreement.
4.26 – Enrolling
All active Associates in good standing have the right to enroll others into IBuumerang. Each prospective Associate has the ultimate right to choose his or her own enroller. If two Associates claim to be the enroller of the same new Associate, the Company shall regard the first application received by the Company as controlling.
4.27 – Stacking
"Stacking" is strictly prohibited. The term "stacking" includes: (a) violating the one–business–per–household rule and/or (b) enrolling fictitious individuals or entities into the IBuumerang Compensation Plan, in an attempt to manipulate the Compensation Plan.
4.28 – Telemarketing
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices.
Both federal agencies (as well as a number of states) have "do not call" regulations as part of their telemarketing laws. While you may not consider yourself a "telemarketer" in the traditional sense of the word, these regulations broadly define the term "telemarketer" and "telemarketing" so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation).
Therefore, Associates must not engage in telemarketing relative to the operation of their IBuumerang businesses. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a IBuumerang product or service, or to recruit them for the IBuumerang opportunity. "Cold calls" made to prospective customers or Associates that promote either IBuumerang's products or services or the IBuumerang opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Associate (a "prospect") is permissible under the following situations:
If the Associate has an established business relationship with the prospect. An "established business relationship" is a relationship between an Associate and a prospect based on the prospect's purchase, rental or lease of goods or services from the Associate, or a financial transaction between the prospect and the Associate, within the 18 months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
The prospect's personal inquiry or application regarding a product or service offered by the Associate within the 3 months immediately preceding the date of such a call.
If the Associate receives written and signed permission from the prospect authorizing the Associate to call. The authorization must specify the telephone number(s) that the Associate is authorized to call.
You may call family members, personal friends and acquaintances. An "acquaintance" is someone with whom you have at least a recent first–hand relationship (i.e., you have recently personally met him or her). Bear in mind, however, that if you make a habit of "card collecting" with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling "acquaintances," you must make such calls on an occasional basis only and not make this a routine practice.
In addition, Associates shall not use automatic telephone dialing systems relative to the operation of their IBuumerang businesses. The term "automatic telephone dialing system" means equipment which has the capacity to (a) store or produce telephone numbers to be called using a random or sequential number generator and (b) to dial such numbers.
SECTION 5 – RESPONSIBILITIES OF ASSOCIATES
5.1 – Change of Address or Telephone
To ensure timely delivery of products, support materials and commission checks, it is critically important that IBuumerang's files are current. Associates planning to move should email IBuumerang corporate office, at support@IBuumerang.com, their new address and telephone numbers. In the alternative, Associates may update their personal information through their IBuumerang Associate backoffice. To guarantee proper delivery, two–weeks advance notice to IBuumerang is recommended on all changes.
5.2 – Continuing Development Obligations
5.2.1 – Ongoing Training
Any Associate who enrolls another Associate into IBuumerang must perform a bona fide assistance and training function to ensure that his or her Downline is properly operating his or her IBuumerang business. Associates must have ongoing contact and communication with the Associates in their Downline Organizations. Examples of such contact and communication
may include, but are not limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail and the accompaniment of Downline Associates to IBuumerang meetings, training sessions, and other functions. Upline Associates are also responsible to motivate and train new Associates in IBuumerang product knowledge, effective sales techniques, the IBuumerang Compensation Plan and compliance with Company Policies and Procedures. Communication with and the training of Downline Associates must not, however, violate Section 4.5.2 (regarding the development of Associate–produced sales aids and promotional materials). Associates cannot charge for training.
Upon request, every Associate should be able to provide documented evidence to IBuumerang of his or her ongoing fulfillment of the responsibilities of an enroller.
5.2.2 – Increased Training Responsibilities
As Associates progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge and understanding of the IBuumerang program. They will be called upon to share this knowledge with lesser–experienced Associates within their organization.
5.2.3 – Ongoing Sales Responsibilities
Regardless of their level of achievement, Associates have an ongoing obligation to continue to personally promote sales through the generation of new customers or Associates and through servicing their existing customers or Associates.
5.3 – Non–disparagement
IBuumerang wants to provide its Associates with the best products, compensation plan and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the IBuumerang corporate offices. While IBuumerang welcomes constructive input, negative comments and remarks made in the field by Associates about the Company, its products or Compensation Plan serve no purpose other than to sour the enthusiasm of other IBuumerang Associates. For this reason, and to set the proper example for their Downline, Associates must not disparage, demean or make negative remarks about IBuumerang, other IBuumerang Associates, IBuumerang's services, the Compensation Plan or IBuumerang's directors, officers or employees.
5.4 – Providing Documentation to Applicants
Associates must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are enrolling to become Associates before the applicant signs an Associate Agreement. Additional copies of Policies and Procedures can be found on in your business center under the forms section.
5.5 – Reporting Policy Violations
Associates observing a policy violation by another Associate should submit a written report of the violation directly to the attention of the IBuumerang Compliance Department. Details of the incident(s), such as dates, number of occurrences, persons involved and any supporting documentation, should be included in the report.
SECTION 6 – SALES REQUIREMENTS
6.1 – Product Sales
The IBuumerang Compensation Plan is based upon the sale of IBuumerang products to end user consumers. Associates must fulfill personal and Downline organization sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement.
6.2 –Sales of IBuumerang products through on–line classifieds or auction sites, such as Ebay or craigslist, are prohibited, without the expressed written consent of IBuumerang.
6.3 – Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
SECTION 7 – BONUSES AND COMMISSIONS
7.1 – Bonus and Commission Qualifications
An Associate must be active and in compliance with the Agreement and these policies to qualify for bonuses and commissions. So long as an Associate complies with the terms of the Agreement and these policies, IBuumerang shall pay commissions to such Associate in accordance with the Compensation Plan. The minimum amount for which IBuumerang will issue a commission payment is $40.00. If an Associate's bonuses and commissions do not equal or exceed $40.00, the Company will accrue the commissions and bonuses until they total $40.00. Commissions will be issued once $40.00 has been accrued via paycard or direct deposit.
7.2 – Commission Payments and Promotions
7.2.1 – Payments, Calculations, and Bonuses
Commissions will be mailed out in accordance with the Compensation Plan. Commissions will be calculated according to the level for which an Associate actually satisfied all of the requirements according to the Compensation Plan rather than the highest rank or title achieved. Commission reports will be provided to Associates on–line, via web access.
7.2.2 – Promotions
Promotions are determined based on business organization and sales activity for each applicable period.
7.3 – Adjustment to Bonuses and Commissions
7.3.1 – Adjustments for Returned Products or chargebacks
Associates receive bonuses and commissions based on the actual enrollment for services to merchants. When a service is cancelled and refund is authorized by the Company, the bonuses and commissions attributable to the refunded service(s) will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered from the Associates who received bonuses and commissions on the sales of the refunded service(s).
7.4 – Unclaimed Commissions and Credits
7.4.1 – Associates must deposit or cash commission and bonus checks within six months from their date of issuance. A check that remains uncashed after six months will be void. There shall be a $25.00 charge for reissuing a check. These charges shall be deducted from the balance owed to the Associate.
7.5 – Reports
All information provided by IBuumerang in online or telephonic Downline Activity Reports, including but not limited to personal and group sales volume (or any part thereof), and Downline enrollment activity is believed to be accurate and reliable. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error; the accuracy, completeness and timeliness of orders; denial of credit card and electronic check payments; returned products; and credit card and electronic check charge–backs, the information is not guaranteed by IBuumerang or any persons creating or transmitting the information. All personal and group sales volume information is provided "as is" without warranties, expressed or implied, or representations of any kind whatsoever. In particular, but without limitation, there shall be no warranties of merchantability, fitness for a particular use or non–infringement.
To the fullest extent permissible under applicable law, IBuumerang and/or other persons creating or transmitting the information will in no event be liable to any Associate or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal and group sales volume information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity and damages that may result from inaccuracy, incompleteness, inconvenience, delay or loss of the use of the information), even if IBuumerang or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, IBuumerang or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto.
Access to and use of IBuumerang's online reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is." If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to IBuumerang's online reporting services and your reliance upon the information.
7.6 – Diamond Bonuses
Diamond Bonuses are paid at IBuumerang's discretion. However, Diamonds acknowledge that they forfeit any diamond bonuses by promoting another direct sales company.
7.7 – Sales Contests and Promotions
From time to time, IBuumerang may run sales contests and promotions. All such contests and promotions are subject to change at the sole discretion of IBuumerang and awards and prizes may be adjusted up or down depending on sales volume during the promotional period.
SECTION 8 – RETURNS AND SALES AIDS REPURCHASE
8.1 – Retail Sales and Customer Returns
Retail sales to the customer are the foundation of the IBuumerang business. The entire commission structure is based upon volume of retail sales referred by the individual Associate as well as their entire organization.
IBuumerang offers all customers a three (3) day full money back guarantee on any RTC or travel package. Monthly Associate subscription payments are not refundable due to the fact that they are used each month.
If an Associate wishes to return any IBuumerang Health and Welnness resalable product it must be returned within 90 days of purchase. The Associate will be issued a refund of 100% excluding shipping charges and a 20% restocking fee. No refund will be given if the resalable product is not returned within 90 days of the purchase date. IBuumerang reserves the right to remove volume from returned orders to recoup and balance commissions already paid on the returned order(s).
Chargebacks. If an Associate charges back any amount, their account will be suspended and they will be required to refund the money charged back as well as pay a $50.00 USD reinstatement fee.
NOTE: If an Associate returns more than $300.00 in products in any twelve (12) consecutive month period, it shall constitute the Associate's request to cancel his or her Associate Agreement. The Company shall deduct from the Associate’s subsequent commission checks and/or from the refund paid to the Member any commissions, bonuses, rebates, or other incentives received by the Associate that were associated with the returned merchandise.
8.2 Sales Aids Repurchase
Associates may cancel the Agreement within three (3) days of execution and receive a full refund of all Associate fees and any voluntary sales aids purchases.
After the three (3) day rescission period, an Associate may still cancel the Agreement and the Associate may return any sales aids for a refund. Associates may only return sales aids that he or she personally purchased from IBuumerang (purchases from other Associates or third parties are not subject to refund). Any returned sales aids must be in unused, resalable condition. Sales aids are only available for a refund if the item(s) were purchased by the Associate within the year prior to the date of cancellation. Upon Company's receipt of resalable sales aids and/or inventory, the Associate will be reimbursed 90 percent (90%) of the net cost of the original purchase price(s). Shipping charges are not refundable. If the purchases were made through a credit card, the refund will be credited back to the same account.
8.2.1 Montana Residents
A Montana resident may cancel his or her Associate Agreement within fifteen (15) days from the date of enrollment, and may return his or her inventory and/or sales aids for a full refund within such time period.
All product returns or sales aids to be returned for refund under these provisions must be approved in advance of shipment to IBuumerang by emailing the Associate Service Department at support@TraVerusGlobal.com.
SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 – Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by an Associate may result, at IBuumerang's discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the Associate to take immediate corrective measures;
Imposition of a fine, which may be withheld from bonus and commission checks;
Loss of rights to one or more bonus and commission checks;
The withholding from an Associate of all or part of the Associate's bonuses and commissions during the period that IBuumerang is investigating any conduct allegedly in violation of the Agreement. If an Associate's business is canceled for disciplinary reasons, the Associate will not be entitled to recover any commissions withheld during the investigation period;
Suspension of the individual's Associate Agreement for one or more pay periods;
Involuntary termination of the offender's Associate Agreement;
Any other measure expressly allowed within any provision of the Agreement or that IBuumerang deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Associate's policy violation or contractual breach; or
In situations deemed appropriate by IBuumerang, the Company may institute legal proceedings for monetary and/or equitable relief.
9.2 – Grievances and Complaints
When an Associate has a grievance or complaint with another Associate regarding any practice or conduct in relationship to their respective IBuumerang businesses, the complaining Associate should first report the problem to his or her enroller, who should review the matter and try to resolve it with the other party's Upline enroller. If the matter cannot be resolved, it must be reported in writing to the Company. The Company will review the facts and determine if a policy violation has occurred and take appropriate action.
9.3 – Arbitration
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Associates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the County of Collin County, Texas, unless the laws of the state in which an Associate resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR each party to the arbitration shall be responsible for its own, costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent IBuumerang from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect IBuumerang's interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
9.4 – Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in Collin County, State of Texas. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Texas shall govern all other matters relating to or arising from the Agreement.
9.4.1 – Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
SECTION 10 – INACTIVITY AND CANCELLATION
10.1 – Effect of Cancellation
So long as an Associate remains active and complies with the terms of the Associate Agreement and these Policies and Procedures, IBuumerang shall pay commissions to such Associate in accordance with the Compensation Plan. An Associate's bonuses and commissions constitute the entire consideration for the Associate's efforts in generating sales and all activities related to generating sales (including building a Downline Organization). Following an Associate's termination for inactivity, or voluntary or involuntary termination of his or her Associate Agreement (all of these methods are collectively referred to as "termination"), the former Associate shall have no right, title, claim or interest to the marketing organization that he or she operated, or any commission or bonus from the sales generated by the organization. An Associate whose business is terminated will lose all rights as an Associate. This includes the right to sell IBuumerang products and services and the right to receive future commissions, bonuses or other income resulting from the sales and other activities of the Associate's former Downline sales organization. In the event of termination, Associates agree to waive all rights they may have, including but not limited to property rights, to their former Downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former Downline organization.
Following an Associate's termination of his or her Associate Agreement, the former Associate shall not hold himself or herself out as a IBuumerang Associate. An Associate whose Associate Agreement is terminated shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
10.2 – Involuntary Termination
An Associate's violation of any of the terms of the Agreement, including any amendments that may be made by IBuumerang in its sole discretion, may result in any of the sanctions listed above, including the involuntary termination of his or her Associate Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed or delivered to an express courier to the Associate's last known address (or fax number), or to his or her attorney, or when the Associate receives actual notice of termination, whichever occurs first.
10.3 – Voluntary Termination
An Associate has a right to cancel, at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the Associate's signature, printed name, address and Associate ID number. Associates who have resigned may re–apply to become an Associate with IBuumerang after 6 months. An Associate's position is subject to termination due to inactivity (i.e., merchant enrollments, no commissions, no enrolling; and no attendance at any IBuumerang functions, participation in any other form of Associate activity, or operation of any other IBuumerang business) after being inactive for 6 full calendar months.
10.4 – Non–Renewal
An Associate may also voluntarily cancel his or her Associate Agreement by failing to maintain the Agreement annually. The Company may also elect not to renew an Associate's Agreement.
10.5– Complete Agreement
These Policies and Procedures, any and all modifications made by the Company, along with the Terms and Conditions and the Compensation Plan make up the entire agreement between Associate and Company.
iBUUMERANGS SOCIAL MEDIA
& ONLINE POLICY
AT A GLANCE
Regardless of compliance with the Policies and Procedures set forth herein, all IBuumerang Independent Business Associates are personally responsible for their online postings and all other online activity that relates to IBuumerang.
Therefore, even if a IBuumerang Independent Business Associate does not own or operate a blog or social media site, if a IBuumerang Independent Business Associate posts to any such site that relates to IBuumerang or which can be traced to IBuumerang, the IBuumerang Independent Business Associate is responsible for the posting and must act in a way that builds, strengthens and enhances IBuumerang's reputation, image and standing in the community.
IBuumerang Independent Business Associates are also responsible for postings which occur on any external website that the IBuumerang Independent Business Associate owns, operates or controls. IBuumerang Independent Business Associates must disclose their full names on all relevant social media profiles that relate to IBuumerang and its products or business, and each must conspicuously identify himself or herself as a "IBuumerang Independent Business Associate." Anonymous postings or use of an alias is prohibited.
IBuumerang Independent Business Associates must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. Determination of what is inappropriate is at IBuumerang's sole discretion, and offending IBuumerang Independent Business Associates will be subject to disciplinary action.
IBuumerang Independent Business Associates may not use blog spam, spam-texting or any other mass-replicated methods to leave comments on any website, blog or message board. Comments that Independent Business Associates create or leave online must be useful, unique, relevant and specific to the blog's article.
IBuumerang Independent Business Associates may not use any geographic references in the page names/ titles or URLs of their IBuumerang-related social media or external websites. For purposes of clarification and the avoidance of doubt, other than for a Default URL or an approved amendment to a Default URL, IBuumerang Independent Business Associates may not use the terms "IBuumerang," or any derivation thereof, in any external website address or related URL e.g., www.buyCountdown4Freedom.com, or www.blogspot.IBuumerangcanada.com.
Any External Website which contains "IBuumerang"or other IBuumerang product and program names, or any derivation thereof in the URL, must be transferred to IBuumerang or closed/terminated upon demand by IBuumerang. In no event may the IBuumerang Independent Associate sell such domain name to any third party without the prior express written consent of IBuumerang.
Independent Associate Websites
If an Independent Associate desires to utilize an Internet web page to promote his or her Independent Business, he or she may do so only through the Company's replicated website program, using the official IBuumerang template. This program permits Independent Business Associates to advertise on the Internet and to use a home page design that can be personalized with the Independent Associate's contact information. These websites give the Independent Associate a professional and Company-approved presence on the Internet. Online sales may only be generated from an Independent Associate's IBuumerang replicated website.
An Independent Associate shall not use "blind" ads on the Internet that make product or income claims which are ultimately associated with IBuumerang products or services, the IBuumerang opportunity or the IBuumerang Compensation/Rewards Plan.
Independent Business Associates may use the Internet, social networking sites, blogs, social media and applications, and other sites that have content that is based on user participation and user-generated content, forums, wilds and podcasts to do the following:
The Official IBuumerang Public Facebook (or similar) Pages
IBuumerang has an official public Facebook page which it uses to invite potential customers and investors to investigate the Company. It is not intended to be used by IBuumerang Independent Business Associates to sell product or promote their business or to interact with other Associates or consumers.
As such, IBuumerang Independent Business Associates may not place linking information on the public IBuumerang Facebook page, nor may they post any pricing, promotions, marketing material, sales, advertisements, or announcements relating to their businesses.
IBuumerang reserves the right to remove any messages posted on the official Company Facebook page as determined in its sole discretion.
IBuumerang will also create a closed corporate Facebook community for company and Independent Associate use. Independent Business Associates may also create a closed group and may utilize such group to educate, discuss and disseminate information about IBuumerang, its products, science and business opportunity amongst themselves.
Independent Business Associates may join these groups only with the consent of IBuumerang, and all content and discussions will be closed to the public. No Independent Associate shall allow access to or disseminate information from such groups.
If IBuumerang Independent Business Associates use the trademarks, trade names, service marks, copyrights or intellectual property of any third party in any online posting, it is their responsibility to ensure that they have received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual IBuumerang property must be properly referenced as the property of the third party, and the Independent Associate must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
IBuumerang Independent Business Associates must always respect the privacy of others in their postings. They must not engage in gossip or advance rumors about any individual, company or competitive products or services. IBuumerang Independent Business Associates may not list the names of other individuals or entities on their postings unless they have the written permission of the individual or entity that is the subject of their posting. This includes LIVE broadcasts and using the LIVE Facebook feature.
IBuumerang Independent Associates must ensure that their postings are truthful and accurate. This requires that they fact-check all material they post online. They should also carefully check their postings for spelling, punctuation and grammatical errors. Use of offensive language is prohibited.
IBuumerang Independent Associates may not make any postings or link to any postings or other material that:
IBuumerang Independent Associates should not converse with one who places a negative post against them, or other IBuumerang Independent Associates or IBuumerang. They should report negative posts to the Company at compliance@Countdown4Freedomglobal.com.
Responding to such negative posts simply fuels a discussion with persons carrying a grudge that does not hold themselves to the same high standards as IBuumerang, and therefore damages the reputation and goodwill ofIBuumerang.
If a IBuumerang Independent Associate's IBuumerang business is cancelled for any reason, he or she must discontinue using the IBuumerang name, and all ofIBuumerang's trademarks, trade names, service marks and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all external websites that he or she utilize. If a IBuumerang Independent Associate’s post on any social media site on which they have previously identified themselves as a IBuumerang Independent Associate, they must conspicuously disclose that they are no longer an Independent IBuumerang Associate.
Independent Associates must use the following disclaimers within any email correspondence when discussing IBuumerang or the IBuumerang opportunity or program:
The sender of this email is an Independent Associate of IBuumerang and as such is an independent contractor of IBuumerang. Independent Associates are not employees of IBuumerang. This email message (including attachments) contains information which may be confidential and/or legally privileged. Unless you are the intended recipient, you may not use, copy or disclose to anyone the message or any information contained in the message or from any attachments that were sent with this email. If you have received this email message in error, please advise the sender by email, and delete the message. Unauthorized disclosure and/or use of information contained in this email may result in civil and criminal liability.
Current and former Independent Associates may not use online classifieds (including, but not limited to, Craigslist) to list, sell or retail specific IBuumerang products, product bundles or the opportunity.
IBuumerang's products and services may not be listed on eBay or other online auctions, nor may Independent Associates enlist or knowingly allow or facilitate a third party to sell IBuumerang products on eBay or other online auctions.
Independent Business Associates may not list or sell IBuumerang products or services in any retail store or ecommerce site, including Amazon.com or the like (with the exception of their own Replicated Website). Additionally, Independent Associates may not:
sell such products on any online retail store or ecommerce site. Independent Associates
may obtain product images and descriptions from their BackOffice, which Independent Associates may display only on their IBuumerang replicated Website.
Independent Associates may place banner advertisements on their third-party websites (as described herein below); provided, however, that they only use IBuumerang-approved templates and images from the BackOffice, and do not list any pricing, discounts or promotions of any IBuumerang product on such advertisement. Any IBuumerang related banner advertisements on these websites must link back directly to their Replicated IBuumerang Websites.
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spam-texting. Any comments an Independent Associate makes on blogs, forums, guest book, etc., must be unique, informative and relevant.
Independent Associates may not upload, submit or publish IBuumerang-related video, audio or photo content to any website without the expressed permission from IBuumerang.
Sponsored links or pay-per-click ads (PPC) are acceptable as described herein. The destination and display URL must be the same. The destination of the PPC must be the external website, not the Independent Associate's IBuumerang replicated Website, and must not portray any URL that could lead the user to believe they are being directed to a IBuumerang corporate website, or be inappropriate or misleading in any way. Independent Associates cannot use IBuumerang's trade names, trademarks or other copyrights when submitting Google Adwords, MSN Bing, Key Words, etc. to Internet search engines.
Except as provided in these Policies and Procedures, Independent Associates may not send or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail or "spamming" relative to the operation of their IBuumerang Independent Business. The terms "unsolicited faxes" and "unsolicited e-mail" mean the transmission via tele-phone, facsimile or electronic mail, respectively, of any material or information advertising or promoting IBuumerang, its products, its Compensation/Rewards Plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax or email:
The Federal Trade Commission and the Federal Communications Commission, as well as other applicable local authorities, each have regulations that restrict telemarketing practices. Many authorities have "do not call" regulations as part of their telemarketing laws. Although IBuumerang does not consider Independent Associates to be "telemarketers" in the traditional sense of the word, these government regulations broadly define the term "telemarketer" and "telemarketing" so that an Associate's inadvertent action of calling someone whose telephone number is listed on a "do not call" registry could cause them to violate the law. Moreover, these regulations must not be taken lightly, as they can carry significant penalties and fines, per violation. Therefore, Independent Associates must not engage in telemarketing in the operation of their IBuumerang Independent Business. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a IBuumerang product or service, or to recruit them for the IBuumerang opportunity. "Cold calls" made to prospective customers or Independent Associates that promote either IBuumerang’s products or services or the IBuumerang opportunity constitute telemarketing and are prohibited. In addition, Independent Associates shall not use automatic telephone dialing systems or random phone lists relative to the operation of their IBuumerang Independent Business. The term "automatic telephone dialing system" means equipment which as the capacity to:
Independent Associates may not advertise IBuumerang products at a price LESS than the suggested retail price of one
(1) unit of the IBuumerang product. Independent Associates also agree that all advertising regarding the price of Products and Services will be truthful and will not contain misleading statements (e.g. "lowest price available" which infers that an Independent Associate is able to sell the Products at a lower price than other Independent Associates, etc.). Any violation of this by an Independent Associate shall constitute a breach of the Agreement and may result in punitive action.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, IBuumerang may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
If you purchase IBuumerang's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
IBuumerang may also collect anonymous demographic information, which is not unique to you.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
IBuumerang collects and uses your personal information to operate its website(s) and deliver the services you have requested.
IBuumerang may also use your personally identifiable information to inform you of other products or services available from IBuumerang and its affiliates.
Sharing Information with Third Parties
IBuumerang does not sell, rent or lease its customer lists to third parties.
IBuumerang may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to IBuumerang, and they are required to maintain the confidentiality of your information.
IBuumerang may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on IBuumerang or the site; (b) protect and defend the rights or property of IBuumerang; and/or (c) act under exigent circumstances to protect the personal safety of users of IBuumerang, or the public.
Tracking User Behavior
IBuumerang may keep track of the websites and pages our users visit within IBuumerang, in order to determine what IBuumerang services are the most popular. This data is used to deliver customized content and advertising within IBuumerang to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by IBuumerang. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the IBuumerang website.
Security of your Personal Information
IBuumerang secures your personal information from unauthorized access, use, or disclosure. IBuumerang uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Children Under Thirteen
IBuumerang does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, IBuumerang may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from IBuumerang, you may opt out of such communications by clicking on the UNSUBSCRIBE button..
Changes to this Statement
IBuumerang welcomes your questions or comments regarding this Statement of Privacy. If you believe that IBuumerang has not adhered to this Statement, please contact IBuumerang at privacy@iBuumerang.com:
Effective as of February 13, 2019
This policy is applicable to all IBuumerang (IBuumerang) services (“Covered Services”).
You agree to this Anti-Spam Policy as a precondition to use of Covered Services. We are very serious about our Anti-Spam Policy. If we discover that you are sending emails or messages to people without their permission, we reserve the right to terminate your user account.
By “permission” we mean express and provable permission granted to you. A permission to send commercial emails may be through:
The rule of thumb is “Do not send emails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.” We insist on 100% compliance with the above rule.
When we say 100%, we do not include those instances where the recipient of an email has marked it as Spam although you have an express provable permission to send emails to that email address. It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of an email has opted out of receiving emails from you.
In particular, you shall strictly comply with the following rules, which clarify the Rule of Thumb mentioned above:
We may, at any time, require you to prove that you have express permission to send emails to email addresses you have emailed.
Your use of Covered Services signifies your unconditional acceptance of this Anti-Spam Policy.
February 13, 2019
On May 25, 2018, the General Data Protection Regulation (GDPR) came into effect across European Union (EU) member states, impacting any organization that processes personal data of EU individuals. GDPR represents a strengthening and harmonizing of existing data privacy rights for individuals in the European Union.
IBuumerang is committed to protecting personal data of our EU employees, contractors, customers, and vendors, regardless of where that data is processed. We have a robust security program and an established series of internal policies, processes, and practices across our organization to ensure that personal data of EU individuals is processed appropriately and protected in our information systems.
When processing the personal data of EU individuals we:
-- Ensure there is a legitimate business reason to collect the data;
-- Ensure we have consent to collect and use the data (where required);
-- Limit collection, storage and usage of the data only to the extent for which there is a business reason and consent.
Below are some highlights of how IBuumerang is ensuring compliance with GDPR:
Data Breach Response Plan: In the event of a data breach that may impact the security of employee, customer, or vendor personal data, we will take steps to notify EU authorities within 72 hours of discovery of the incident.
Data Privacy Impact Assessment: When initiating new projects or products, implementing new software, or onboarding new vendors that may process personal data of EU individuals, we will assess data privacy impact in order to ensure that personal data is adequately protected in any systems or processes controlled by IBuumerang.
Data Subject Rights: We understand that anyone doing business with us may have questions about the types of personal data IBuumerang processes about them. If you would like to make a request about the personal data IBuumerang processes, please email your request to the email below.
If you have questions about IBuumerang and GDPR, please contact Support@IBuumerang.com.
This is not a get rich quick program nor do we believe in overnight success. We believe in hard work, effort and developing your skills if you want to earn more financially. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our program, information, tools or strategies.
Very simply, the Referral Plan rewards you for selling products and services to Customers. While the opportunity is unlimited, individual results will certainly vary depending on many factors, such as commitment level, individual effort and marketing skills. Since we are in the process of pre-launching, we lack enough statistical data to prepare reliable income disclosures.
The numbers above reflect estimates prepared by the company pending a more detailed survey to be conducted after its first year. If income projections were presented to you prior to your enrollment, such projections are not representative of the income, if any, that you can or will earn through your participation in the Referral Plan.
These income projections should not be considered as guarantees or projections of your actual earnings or profits. Success with the company results only from active participation and successful marketing efforts, which do require work, commitment and diligence on your part.