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Clubfreedom Policies & Procedures Last Updated 8th September 2008 WHAT IS CLUBFREEDOM? Clubfreedom is an exclusive members club offering a range of benefits and privileges in the areas of travel and income opportunities. Membership includes access to the Clubfreedom travel rewards program. HOW DO YOU RECEIVE MEMBERSHIP WITH CLUBFREEDOM? Membership to Clubfreedom is only through invitation by another Clubfreedom member. Membership to Clubfreedom is provided with the purchase of a Clubfreedom Wholesale Access Certificate. WHAT IS A WHOLESALE ACCESS CERTIFICATE? A Wholesale Access Certificate provides access to unlimited bookings for travel with Clubfreedom's preferred suppliers, as well as entry into the lucrative rewards system. CLUBFREEDOM REWARDS PROGRAM The Clubfreedom Rewards Program offers Members cash rewards for marketing Clubfreedom's Wholesale Access Certificates. The Member can advance through the Reward Program as they develop a team of other Clubfreedom members who purchase Access Certificates. The Clubfreedom Rewards Program offers Members cash rewards for marketing and selling Clubfreedom's Wholesale Access Certificates. PAYMENT OF CASH REWARDS Cash Rewards generated from Clubfreedom's Rewards Program will be deposited into each members online ewallet account within 2 working days of the reward being achieved. TEAM MEMBER and TRAVEL BOARD REPORTS Members can view their personal team (downline) report and travel boards online anytime by entering their members area with their personal username and password. CLUBFREEDOM COMPANY POLICIES These Policies and Procedures were formulated for the purpose of ensuring growth and practical business operations, for you to use on a regular basis. Please refer to them when you have questions about Clubfreedom or need to clarify any concerns about your business practices. Clubfreedom reserves the right to revise this information at any time. Clubfreedom uses the term Member, Independent member, Marketing Consultant as one and the same. When you register as an Independent Member of Clubfreedom you agree to follow and be bound by the Company Code of Ethics and all the Policies and Procedures, which are incorporated into the Member Application. Violations of the Company Code of Ethics, Member Agreement, or the written Policies and Procedures may be cause for cancellation of Membership. Please read through these Policies and Procedures carefully to fully benefit and understand your rights and responsibilities as a Clubfreedom Member. MEMBER CODE OF ETHICS
OVERVIEW OF POLICIES AND PROCEDURES
However it should be noted, that all Members must meet their own personal qualification levels to qualify for the rewards from the Rewards Program. If a married couple have joined as one Applicant and become divorced, the Membership shall be maintained in the name of the principal Applicant on the Member Application unless the company receives a certified copy of Divorce Decree which orders otherwise. A Member cannot resign and rejoin under a different name. MAINTENANCE OF MEMBER ACCOUNT INFORMATION It is the responsibility of each member to update any registration details of the members account such as email address, postal address, and phone number. This will ensure the member is kept up to date with all email updates from the company. These updates are also posted in the "Updates" section of the Clubfreedom Members Area of each members website. Clubfreedom will bear no responsibility for any loss (moral, physical or financial or legal or any other kind of loss) caused by entering wrong information into registration form/ misrepresentation by Marketing Consultants or any other person. SECURITY Each Marketing Consultant must keep any Clubfreedom passwords and other secure access information confidential and notify Clubfreedom promptly if the Marketing Consultant believes that the security of an account has been compromised. Clubfreedom has taken reasonable steps to protect the security of online transactions. However, Clubfreedom cannot and does not warrant such security and will not be liable for any losses or damages resulting from any security breaches. INTRODUCING NEW MEMBERS TO CLUBFREEDOM All Members have the option of introducing other members. When an existing Member introduces a new Member they have the responsibility to assist, train, develop and monitor the new member they introduce, in the various aspects of the program. In addition, every person has the right to choose his or her own introducer. If two Members should claim to be the introducer or sponsor of the same new Member, the Company shall regard the first Application received as controlling. A sponsoring Member must not exaggerate the earning potential that may result from this business opportunity. A sponsoring Member is obliged to fairly and fully explain the marketing plan to all prospective Members, making sure to stress that the degree of success is directly related to individual effort and ability. CROSS LINING Cross lining or cross sponsoring is where a member solicits other Clubfreedom members who are not in their team or line of sponsorship to become a member in their team. Clubfreedom members may NOT introduce other Clubfreedom members to other similar opportunities unless the person is a personally introduced member or a closely related person. A "closely related person or entity" is any person in the household of the Marketing Consultant (e.g. spouse, son, daughter, parent living in the same household) or any corporation, partnership, limited liability Company, trust or other legal entity, which is controlled by the Associate. Cross lining is strictly prohibited in Clubfreedom and may result in the imposition of penalties including immediate termination of the member's membership and participation in the Clubfreedom rewards program. MULTIPLE PURCHASES OF WHOLESALE ACCESS CERTIFICATES / MULTIPLE POSITIONS Clubfreedom Members may choose to purchase more than one Wholesale Access Certificate and hence obtain additional positions in the rewards program. Clubfreedom recommends that any additional positions in the rewards program are treated a separate entities rather than as one group entity. Please note that Clubfreedom does NOT encourage the purchase of multiple Wholesale Access Certificates to participate or advance in the rewards program. Any member who advises prospective applicants of anything otherwise will be in violation of this agreement and subject to penalties as set forth herein. RELATIONSHIP OF MEMBER TO CLUBFREEDOM Members representing Clubfreedom are known as independent marketing consultants, and have no authority to bind the company to any obligations. The relationship between Members and Clubfreedom is established only by this Agreement. A Member is not an agent, employee or any other legal representative of Clubfreedom or its service providers. Members are solely responsible for all self-employment taxes and any federal, state, local or other taxes that may be due as a result of their Clubfreedom business activities. Marketing Consultant agrees to abide by any national, federal, state, provincial, county or local laws, rules and regulations pertaining to this Agreement. At Associate's own expense, Members will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement. TRADEMARKS AND MARKETING MATERIALS Members will not use the Clubfreedom trade names and/or trademarks except to promote Clubfreedom. In all such authorized use, Members will ensure that they represent themselves as an independent representative and that all marketing efforts are the responsibility of the Member and not the company. Any sales and marketing materials supplied by Clubfreedom may NOT be on sold to other parties at a profit and that any purchase of these materials from Clubfreedom does not qualify the member for any commissions. Clubfreedom makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof. DOMAIN NAMES AND WEBSITE ADDRESSES Members may not use the name "Clubfreedom" in a domain name to promote Clubfreedom. This includes any any extensions of this name such as "ClubfreedomTeam", "ClubfreedomGroup", etc. This is to protect the branding of Clubfreedom and to prevent any person thinking that any other website address or domain name is representing Clubfreedom corporately. Any member found using the word Clubfreedom in their domain name will be asked to remove this domain name. If the member does not comply they will risk termination of their membership and position in the rewards program. THIRD PARTY MARKETING MATERIALS CREATED BY MEMBERS Members may create their own marketing materials. Any marketing materials that use the name Clubfreedom or any of Clubfreedom's logos, trademarks or trade names MUST be approved by Clubfreedoms compliance department before they can be used. Please note that may NOT put any website online that promotes Clubfreedom until you receive a compliance approval number from Clubfreedom. This number must be placed on the website along with the following wording. "This website is owned by an Independed Member of Clubfreedom" To seek compliance approval go to www.clubfreedom.biz/compliance.php Clubfreedom has no liability or responsibility for any content, including the quality, accuracy, completeness, legality, or usefulness of any information, product, service or process promoted on Members web site or other marketing materials. In no event shall Clubfreedom be liable for any claims or damages of any kind arising from the contents of any website or marketing materials created by a Member. References in a member's website or marketing materials to products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply an endorsement or recommendation by Clubfreedom. ADVERTISING Advertising in any form is strictly prohibited without written authorization from Company. This includes advertising business opportunity or income benefits whether or not Company name or logo is used. This includes advertising in; newspapers, magazines, on flyers, letter box drops, radio, television, recorded messages on answering machines, barter card type systems and the like, any telephone directories, White Pages, Yellow Pages, local directories and the like. Members are only permitted to promote and/or advertise themselves as Independent Members of Clubfreedom. Members are not permitted to take advantage of Companys name and are therefore not permitted to either infer or imply that they have a direct association or affiliation with Company by promoting themselves by way of Clubfreedom name variations. All advertising and promotional material authorized by Company can be used by Members. No Member will be permitted to have exclusive rights to approved advertising and promotional material. Failure to comply will result in the immediate cancellation of the offending membership. LITERATURE Solely Company produces the only literature approved for use by members. All promotional material appearing on the Web Site is approved for downloading to print and copying onto disc for promotional use to prospective members however it may not be altered or added to in any way. MEDIA No Member may speak for Clubfreedom by way of an interview on radio, television or through the press, including any periodical. If approached for such purpose the Member should contact Company. COMPLIANCE APPROVAL All submissions for compliance approval can be made by going to clubfreedom.biz/compliance.php CLUBFREEDOM WEBSITE On occasion, Clubfreedom will undergo routine maintenance or experience unexpected technical problems. Clubfreedom will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. Clubfreedom may be required to access an Associate's web site from time to time to provide maintenance. Clubfreedom will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by members; or temporary or permanent loss of data. PROMISES MADE BY CLUBFREEDOM MEMBERS When a member presents Clubfreedom to others they should understand all aspects of the rewards program and not make any representation or promise that is not contained in this agreement or in Clubfreedom corporate literature and promotional materials. This representation includes print media, video/audio media or any other form of advertisement/ promotion. If a prospective applicant for membership relies on any promises made by a Clubfreedom member that is not stated in this Agreement and/or official company materials, and the member fails to keep any such promise, the Applicant shall only have recourse against the member and not the company. If the member has unfulfilled promises made they have the option of lodging a complaint with Clubfreedom. Upon receipt of such a complaint, the Company will investigate the matter as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Member. Such action however will not result in any recovery of damages by the Applicant, which the Applicant is free to seek against the offending Member, not the Company. MEMBER RIGHTS AND RESPONSIBILITIES Members who choose to promote Clubfreedom are able to earn rewards through Clubfreedom's rewards program. The member understands and agrees to abide by the Member Agreement. A Member understands they are bound by the terms hereof and that the member will be entitled to participate as a member upon acceptance of a valid application for membership. To qualify for rewards through the rewards program a member needs to personally introduce two other members to Clubfreedom who purchase a Wholesale Access Certificate. Member's are responsible for their own marketing and accept that any rewards earned is the result of consistent marketing efforts. Clubfreedom makes NO guarantees that a member will qualify or earn the rewards. Members are responsible for ensuring any new members they introduce to Clubfreedom are aware of the policies and procedures, how the rewards program works, and how to take advantage of the benefits and privileges such as the travel benefits of the Clubfreedom Wholesale Access Certificate. Marketing Consultant understands that participation in the Rewards Program does not affect the price of the Wholesale Access Certificate or any other product or service price. Only those who purchase Clubfreedom's Wholesale Access Certificate shall get a Clubfreedom membership. INCOME REPRESENTATION Members understand that any rewards that are offered from Clubfreedom through the rewards program is the result of members introducing other members who purchase Wholesale Access Certificates. Advancement in the rewards program is not based on solely the introduction of other members. No member may make any promise or guarantee that a member will derive any specific income or profit from the rewards program as a member of Clubfreedom. Any rewards or income a member receives through the rewards program is a direct result of the marketing efforts of the member and any members in his team. Members must meet the required qualifications as set out by Clubfreedom to receive rewards from the rewards program. MISREPRESENTATION Members will not misrepresent Clubfreedom in any manner whatsoever at any time. For purposes of this policy, misrepresentation includes, but is not necessarily limited to the following:
POLICY CHANGES Members agree that Clubfreedom may from time to time make changes to it's benefits and privileges, product and services, pricing, rewards program or to this agreement applicable to all members. Members will be made aware of changes via email to the email address listed in the Members account details as well as posting updates in the UPDATE section of the Clubfreedom Members Area of the Clubfreedom website. It is the responsibility of each member to ensure the email address listed in their account is valid and that they check regularly their members area for the latest updates. Members agree to abide by all changes. THE MAINTENANCE and MEMBERSHIP FEE Company at its discretion can charge a Maintenance fee from members marketing fees if deemed necessary to cover the maintenance of your Business. Also at any time, Company may introduce additional membership fees. CONFIDENTIALITY Members understand that the Clubfreedom marketing plan, details of their progress in the rewards program, details of their Clubfreedom team members, and official company literature are proprietary information and considered trade secrets of Clubfreedom. Members hereby agree to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote the Members independent Clubfreedom business in accordance with the provisions of this Agreement. Members further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year. SALE OF MEMBERSHIP AND ACCESS CERTIFICATE A member may sell their Access Certificate and the Membership position in the rewards program attached to that certificate, called a Business Node. It can be sold to anyone who is NOT a current Clubfreedom member or to anyone in the line of sponsorship above the selling member. For Clubfreedom to acknowledge the sale, the selling member must supply proof of the sale by submitting a ticket through the Help Desk. The selling member must provide details of the purchaser including all of the fields listed on the JOIN page of the Clubfreedom website. In addition, the selling member will provide the original purchase details from when they purchased the membership from Clubfreedom. This information should include the original purchase date, method of payment and the transaction number. We will also require the selling member to provide a scanned copy of their photo ID such as a driver’s license or passport. Once the information is verified, the selling member will be notified through the Help Desk if the sale has been approved. Members who sell their Clubfreedom business must wait six months after the sale has been executed and authorized by the Company before they can rejoin as a new member. CANCELLATION Should a Member wish to cancel their Membership Agreement with Company the Member should notify Clubfreedom by E-mail. If the Membership is cancelled, that member may not apply for a new membership for at least 6 months after Company has received the notice of cancellation. Company reserves the right to cancel a membership Agreement should there be any breach by the member of the Agreement. INHERITABILITY The Clubfreedom Program/Business Node, like any other business or asset a Marketing Consultant may have, is fully transferable in accordance with the terms of a Will, or, in the absence of a Will, it passes to the heirs pursuant to the applicable interstate succession laws. For those Marketing Consultants whose Clubfreedom Business Nodes is/are owned by a corporation (or some other type of legal entity), there would be no change in the ownership of the Business Node upon the death of an owner of that corporation, etc. Ownership of the corporation would change by passing to the heirs, but the corporation would continue to own the Clubfreedom Business Node. INDEMNITY Marketing Consultant indemnifies and holds Clubfreedom harmless against all claims made by any third party, and any related damages and expenses (including reasonable attorney's fees), arising out of or connected with the Marketing Consultants conduct, the associate's website or online store, the goods or service the Marketing Consultant offers, or any violation of this agreement by associate. LIMITATION OF LIABILITY Clubfreedom makes no warranties, express or implied, related to the "Clubfreedom Marketing Programs", products or services supplied there under or, including but not limited to warranties of merchantability and fitness for a particular purpose. Clubfreedom will not be liable to any Marketing Consultant for indirect, incidental, special or consequential damages, such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of, or inability to use, the " Club Freedom Marketing Programs", related services, products or marketing materials provided to any Associate. The total liability of Clubfreedom for any and all damages arising from or connected with this Agreement, the "Club Freedom Marketing Program" or the services, products or marketing materials provided to any Marketing Consultant shall not exceed the total fees paid by the Marketing Consultant to Clubfreedom during the 12-month period immediately preceding the initial occurrence of the event causing the damages. IMPOSITION OF PENALTY If Marketing Consultant breaches any of the provisions of this Agreement, violates any applicable law or regulation or engages in any false, misleading or unfair trade practice, including but not limited to, making misleading income representations or making promises to potential Marketing Consultants that can not be kept by marketing consultant, (herein called "Violation") any such Violation is grounds for the imposition of penalty, as more fully set forth hereafter. The Company may suspend the Members Membership, including suspension of checks earned at the time, pending investigation of any alleged Violation. The Member shall be given notice of the alleged Violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged Violation (s), failing which, the Company can consider the allegations to be true. (It is Associate's responsibility to see that Company receives the response, with supporting documentation, if any, within the seven-day period.) If at the end of the investigation it is determined that Marketing Consultant is to be penalized, the date of the imposition of the penalty can be, at the Company's option,
Incomes suspended and/or earned, if any, as of the date of a termination, shall not be paid. Any such payments not paid shall be deemed to be liquidated damages as payment of part of the damages suffered by Company for the Violation. A member can request that any decision to impose a penalty be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. Company shall then advise the Member of its final decision. The Company shall have the option of imposing any one or more of the following penalties for Violations:
OFFICIAL LANGUAGES/DEFINITIONS: The English version of this Agreement, as maintained by Clubfreedom is the official version and shall control over any other language version(s) which may be made available for ease of reference for some Members. As used in the Clubfreedom materials, when the term, "sell/enrol" and words of similar import are used to describe the enrolment/ sales activities of Marketing Consultant, this is an abbreviated reference to the promotional activities of Marketing Consultant with respect to sales and it is understood that all sales are between the Company and the purchaser, not between the Marketing Consultant and the purchaser. Likewise, when the term, "recruit" and words of similar import are used to describe the referral and recruiting activities of marketing consultant, this is an abbreviated reference to the team building activities of Marketing Consultant and it is understood that the agreement by which one becomes an Marketing Consultant is between the Company and the recruited Marketing Consultant and not between the new Marketing Consultant and the referring Marketing Consultant. INCORPORATION OF AGREEMENTS: If Marketing Consultant has enrolled in a "Clubfreedom Marketing Program", the User Agreement and Acceptable Use Policy are incorporated herein as if fully set forth. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties on the subject matter hereof, and no other additional promises, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing and signed by an authorized officer of Clubfreedom. RESPONSIBILITY The Clubfreedom is not responsible for the acts of its Marketing Consultants under any circumstances for their wrongful and illegal activities. APPLICANT ACKNOWLEDGEMENT Marketing Consultant acknowledges that Marketing Consultant has read understands and agrees to the terms set forth in this Agreement. Marketing Consultant understands that this Agreement is not in force until accepted. ANTI-SPAM POLICY COMPANY HAS A ZERO TOLERANCE ANTI-SPAM POLICY. THIS MEANS THAT ANY TEAM LEADER OR MEMBER OR RELATED PARTICIPANT THAT SPAM'S IN ANY WAY SHALL BE IMMEDIATELY TERMINATED WITH ALL RIGHTS FORFEITED. The following Acceptable use (Anti-Spam) policy sets forth what activities on the part of a Company member will not be tolerated under any circumstances. These policies will be enforced to insure Clubfreedom continued reputation remains as a high quality, professional company. Company will immediately terminate any member found engaging in spamming or any illegal activity. Their membership shall be terminated and they will be charged two hundred dollars (US $200.00) for each reported spamming activity as a penalty and damage charge. Company will immediately contact state and federal authorities to report such activity as it is a crime in many jurisdictions to Spam. Any Member, person or entity found spamming will have their relationship to Clubfreedom terminated when Company receives complaints from any part of the Internet community and verifies same. All Members are required to agree and adhere to these stated conditions. A Member cannot violate any applicable local, state, federal or international law. Illegal spamming activity includes posting identical or substantially similar articles to an excessive (more than 3) number of news groups or continued posting of articles which are of topic for a newsgroup; Sending unsolicited mass (to more than 10 users) emailing which provoke complaints from the recipients or where the recipients have not agreed, prior to such mailing to accept such emails. Unsolicited commercial advertisements will be treated as illegal Spam. Clubfreedom WILL FULLY COOPERATE WITH ALL CRIMINAL AUTHORITIES TO PROVIDE INFORMATION AS TO THE PERSON OR PERSONS THAT ENGAGED IN THE SPAMMING ACTIVITY IN ORDER TO OBTAIN WARRANTS AND CRIMINAL CHARGES AGAINST THOSE PARTICIPANTS. To Report any case of Spamming please contact us at spam@Clubfreedom.biz
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