LIFESTYLE GALAXY
STATEMENT OF POLICIES and PROCEDURES
Effective June 1st, 2015
SECTION 1 - INTRODUCTION
Policies and Compensation Plan Incorporated into Independent Representative Agreement
These Policies and Procedures, in their present form and as Lifestyle Galaxy. (hereafter "Lifestyle Galaxy" or the "Company"), are incorporated into, and form an integral part of, the Lifestyle Galaxy Independent Representative Agreement. Throughout these Policies and Procedures, when the term "Agreement" is used, it collectively refers to the Lifestyle Galaxy Independent Representative Application and Agreement, these Policies and Procedures, the Lifestyle Galaxy Compensation Plan, Lifestyle Galaxy Terms of Service, and Lifestyle Galaxy Terms and Conditions. These documents are incorporated by reference into the Lifestyle Galaxy Independent Representative Agreement (all in their current form and as amended by Lifestyle Galaxy). It is the responsibility of each Independent Representative to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. When sponsoring or enrolling a new Independent Representative, it is the responsibility of the sponsoring Independent Representative to ensure that the applicant is provided with, or has online access to, the most current version of these Policies and Procedures, the Lifestyle Galaxy Compensation Plan, Lifestyle Galaxy Inc. Terms of Service, Lifestyle Galaxy Inc. Income Disclaimer and Lifestyle Galaxy Inc. Terms and Conditions prior to his or her execution of the Independent Representative Agreement.
Purpose of Policies
Lifestyle Galaxy Inc. is a company with a direct sales division that markets its Products through Independent Independent Representatives. It is important to understand that your success and the success of your fellow Independent Representatives depends on the integrity of the men and women who market our Products and Services. To clearly define the relationship that exists between Independent Representatives and Lifestyle Galaxy Inc., and to explicitly set a standard for acceptable business conduct, Lifestyle Galaxy t Inc. has established the Agreement.
Lifestyle Galaxy Inc. Independent Representatives are required to comply with all of the Terms and Conditions set forth in the Agreement which Lifestyle Galaxy Inc. may amend at its sole discretion from time to time, as well as all international, federal, state, and local laws governing their Lifestyle Galaxy Inc. 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 manual 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 anyone in your upline or Lifestyle Galaxy Inc..
Changes to the Agreement
Because international, federal, state, and local laws, as well as the business environment, periodically change, Lifestyle Galaxy Inc. reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By accepting the terms of the Independent Representative Agreement, an Independent Representative agrees to abide by all amendments or modifications that Lifestyle Galaxy Inc. elects to make. Amendments shall be effective upon notice to all Independent Representatives that the Agreement has been modified. Notification of amendments shall be published in official Lifestyle Galaxy Inc. materials. The Company shall provide or make available to all Independent Representatives a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company's official web site; (2) the Lifestyle Galaxy Inc. Desktop software; (3) electronic mail (e-mail) or (4) special mailings. The continuation of an Independent Representative's Lifestyle Galaxy Inc. business or an Independent Representative's acceptance of Bonuses or Commissions constitutes acceptance of any and all amendments.
Delays
Lifestyle Galaxy Inc. 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, or government decrees or orders.
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.
Notices
Written notices between the Company and its Independent Representatives are effective as follows: All notices to the Company are effective when received by the Corporate Office. All notices from the Company are considered effective when deposited in the U.S. mail to the Independent Representative's last known address or at the time that such notices are first posted through the Lifestyle Galaxy Inc.' Member's back office. Notices to Independent Representatives as a group may also be contained in other Company communication, such as newsletters or posted information on the official company website or Lifestyle Galaxy Inc. Desktop. The Company trusts that with these guidelines, Independent Representatives and the Company will act in the best interest of all and conduct their businesses in a manner that reflects the highest standards of honesty, integrity and responsibility toward customers, other Independent Representatives, the industry and the public, observing the spirit as well as the letter of the law and in this agreement. The parties agree to be bound by the terms of the Independent Representative Application and Agreement and these Policies and Procedures. Signatures on the face of the Independent Representative Application and Agreement or acceptance via the agree to terms checkbox on the website electronic application and capture of users IP address signify acceptance of this agreement by Independent Representative and shall be effective upon acceptance by the Company, at its Corporate Office.
Digital Signature
Lifestyle Galaxy Inc. also uses an advanced Digital Signature system which captures many forms of information about you and your location in addition to the signature itself. By completing the digital signature form, you agree and acknowledge that your Digital Signature holds the same validity and power within this legal binding contract between You and Lifestyle Galaxy Inc. as your written signature. The advanced Digital Signature system has been designed to be in full compliance with both national and international laws regarding digital signatures and their validity within contracts and business transactions.
Headings
The subject headings of the sections, paragraphs, and subparagraphs of this agreement are included solely for purpose of convenience and reference only, and shall not be deemed to explain, modify, limit, amplify, or aid in the meaning, construction or interpretation of any of the provisions of this agreement.
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 Lifestyle Galaxy Inc. to exercise any right or power under the Agreement or to insist upon strict compliance by an Independent Representative 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 Lifestyle Galaxy Inc.' right to demand exact compliance with the Agreement. Waiver by Lifestyle Galaxy Inc. can be effectuated only in writing by an authorized officer of the Company. S Lifestyle Galaxy Inc.' waiver of any particular breach by an Independent Representative shall not affect or impair Lifestyle Galaxy Inc.' rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Independent Representative. Nor shall any delay or omission by Lifestyle Galaxy Inc. to exercise any right arising from a breach affect or impair Lifestyle Galaxy Inc.' rights as to that or any subsequent breach.
The existence of any claim or cause of action of an Independent Representative against Lifestyle Galaxy Inc. shall not constitute a defense to Lifestyle Galaxy Inc.' enforcement of any term or provision of the Agreement.
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.
SECTION 2 - BECOMING AN INDEPENDENT REPRESENTATIVE
Requirements to Become An Independent Representative
To become a Lifestyle Galaxy Inc. Independent Representative, each applicant must:
Be of the age of majority in his or her country of residence;
Have a valid Social Security or Federal Tax ID number or EIN if signing up as a business entity (US residents);
Submit a properly completed Independent Representative Application and Agreement to Lifestyle Galaxy Inc..
Independent Representative Benefits
Once an Independent Representative Application and Agreement has been accepted by Lifestyle Galaxy t Inc., the benefits of the Compensation Plan and the Independent Representative Agreement are available to the new Independent Representative. These benefits include the right to:
Sell Lifestyle Galaxy Inc. Products and Services;
Participate in the Lifestyle Galaxy Inc. Compensation Plan (receive Bonuses and Commissions, if eligible);
Sponsor other individuals as Customers or Independent Representatives into the Lifestyle Galaxy Inc. business and thereby, build a marketing organization and progress through the Lifestyle Galaxy Inc. Compensation Plan;
Receive periodic Lifestyle Galaxy Inc. literature and other Lifestyle Galaxy Inc. communications;
Participate in promotional and incentive contests and programs sponsored by Lifestyle Galaxy Inc. for its Independent Representatives.
Product Purchases
Independent Representatives are not required to purchase Lifestyle Galaxy Inc. Products or Services to participate in the Compensation Plan.
SECTION 3 - OPERATING A Lifestyle Galaxy Inc. BUSINESS
Adherence to the Lifestyle Galaxy Inc. Compensation Plan
Independent Representatives must adhere to the terms of the Lifestyle Galaxy Inc. Compensation Plan as set forth in official Lifestyle Galaxy Inc. literature. Independent Representatives shall not offer the Lifestyle Galaxy Inc. Opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Lifestyle Galaxy Inc. literature. Independent Representatives shall not require or encourage other current or prospective Customers or Independent Representatives to participate in Lifestyle Galaxy Inc. in any manner that varies from the program as set forth in official Lifestyle Galaxy Inc. literature. Independent Representatives shall not require or encourage other current or prospective Customers or Independent Representatives to execute any agreement or contract other than official Lifestyle Galaxy Inc. agreements and contracts in order to become a Lifestyle Galaxy Inc. Independent Representative. Similarly, Independent Representatives shall not require or encourage other current or prospective Customers or Independent Representatives to make any purchase from, or payment to, any individual or other entity to participate in the Lifestyle Galaxy Inc. Compensation Plan other than those purchases or payments identified as recommended or required in official Lifestyle Galaxy Inc. literature.
Representation of Status
In all cases, any reference the Independent Representative makes to themselves must clearly set forth the Independent Representative's independent status. For example, if the Independent Representative has a business telephone, the telephone may not be listed under the Company's name or in any other manner that does not disclose the Independent Contractor status of the Independent Representative; this is also true for answering machine messages, business cards, or any communication of any kind. Independent Representative's should likewise identify themselves as Independent Independent Representatives at the beginning of a meeting or, training. No Independent Representative may claim to be associated with the company at a corporate level. No Independent Representative may advertise themselves as having influence over the company or corporate decisions. You agree that making any claims of partnership or corporate influence may result in the immediate termination of your account and other penalties which may also include the forfeiture of commissions due to misrepresentations and false advertising.
Advertising
General
All Independent Representatives shall safeguard and promote the good reputation of Lifestyle Galaxy Inc. and its Products and Services. The marketing and promotion of Lifestyle Galaxy Inc., the Lifestyle Galaxy Inc. Opportunity, the Compensation Plan, and Lifestyle Galaxy Inc. Products and Services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
To promote both the Products and Services, and the tremendous Opportunity Lifestyle Galaxy Inc. offers, Independent Representatives may only use the sales aids and support materials produced by Lifestyle Galaxy Inc. or materials that have received prior written approval from Lifestyle Galaxy Inc.' compliance department.
Lifestyle Galaxy Inc. Independent Representatives may not sell sales aids to other Lifestyle Galaxy Inc. Independent Representatives. Therefore, Independent Representatives who receive authorization from Lifestyle Galaxy Inc. to produce their own sales aids may make the sales aids available to other Independent Representatives free of charge, but may not sell such sales aids to any other Lifestyle Galaxy t Inc. Independent Representative.
Advertisements within the Lifestyle Galaxy Inc. Desktop
An Independent Representative may promote other ethical products, services and companies through the Lifestyle Galaxy Inc. Desktop software through the Independent Representative's " Lifestyle Galaxy Inc. Desktop Branding" section found within the member's back office of that Independent Representative. Lifestyle Galaxy Inc. reserves the right to deny or disable any website, banner, domain, link, advertisement or information that it considers to be racist, pornographic, any form of hate speech against any group or ethnicity or religion, or that Lifestyle Galaxy Inc. deems inappropriate for any reason.
Domain Names
Independent Representatives may not use or attempt to register any of Lifestyle Galaxy Inc.' trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof, for any Internet domain name.
Trademarks and Copyrights
Lifestyle Galaxy Inc. will not allow the use of its trade names, trademarks, designs, or symbols by any person, including Lifestyle Galaxy Inc. Independent Representatives, without its prior, written permission. Independent Representatives may not produce for sale or distribution any recorded Company events and speeches without written permission from Lifestyle Galaxy Inc. nor may Independent Representatives reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
Advertisements
In addition to our representatives and employees, Lifestyle Galaxy Inc.' identity is one of its most valuable assets and, therefore, must be protected at all times in order to maintain its integrity for all.
All Advertisements not supplied by the company via your Lifestyle Galaxy Inc.' Member's Back Office must be approved in writing by the company!
You may use the Lifestyle Galaxy Inc. Business Support system which is available through the Lifestyle Galaxy Inc. members back office under the Support section to receive approval from the company.
Advertisements supplied by Lifestyle Galaxy Inc. and found within your Lifestyle Galaxy Inc. Member's Back Office that were created specifically for Independent Representatives of Lifestyle Galaxy Inc. to Advertise with may be used as advertisements for your Lifestyle Galaxy Inc. business.
U.S. Copyright Statutes protect all Company materials. All rights are reserved, including the right to alter, revise, and reprint these materials in whole or in part. Reproduction in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system is not permitted now or in the future without the prior written consent of the owner of this copyright. Producing or using unauthorized materials may be grounds for immediate termination. The Company must approve any web site or web site materials in writing, in advance. Criteria for approving any web site and these materials will include a judgment regarding the quality as well as properly setting forth the independent status of the Independent Representative.
Other Personal Websites, Blogs, web pages and Social Networking Sites
If an Independent Representative chooses to create any personal websites, web pages, blogs and/or social networking sites (MySpace, Youtube, Facebook , Twitter etc.) the following conditions are required. YOU MUST RECEIVE PRIOR WRITTEN PERMISSION BEFORE COPYING OR POSTING ANY VIDEO TO ANY OTHER LOCATION ONLINE OR OFFLINE, INCLUDING BUT NOT LIMITED TO YOUTUBE OR ANY OTHER VIDEO SHARING SITE OR ANY SOCIAL NETWORK OR OFFLINE MEDIUM. If requested, you must immediately remove any videos, information and links that contain any of Lifestyle Galaxy Inc.' materials, logos, videos, name, trademarks, etc. No online material should give the impression of representing Lifestyle Galaxy Inc. the company, rather than a Lifestyle Galaxy Inc. Independent Representative. This includes using Lifestyle Galaxy Inc. as the title for any page within the Web site, especially the Home Page.
Additional Advertising Requirements and Independent Representative Responsibilities
It is the sole responsibility of each Lifestyle Galaxy Inc. Independent Representative to ensure that its online material fully complies with the guidelines in the Policies and Procedures, as well as with all applicable federal and state rules and regulations. Independent Representatives are also responsible for ensuring that their downline comply with these policies. The use of deceptive subject lines and/or false header information is prohibited.
All content (including graphics) must be submitted to Lifestyle Galaxy Inc. and receive written approval prior to launching the content on the Internet.
Media and Media Inquiries
Independent Representatives must not attempt to respond to media inquiries regarding Lifestyle Galaxy Inc., its Products or Services, or their independent Lifestyle Galaxy Inc. business. All inquiries by any type of media must be immediately referred to Lifestyle Galaxy Inc.' Marketing Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
Unsolicited Email
Lifestyle Galaxy Inc. does not permit Independent Representatives to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by an Independent Representative that promotes Lifestyle Galaxy Inc., the Lifestyle Galaxy Inc. Opportunity, or Lifestyle Galaxy Inc. Products and Services must comply with the following:
There must be a functioning return email address to the sender.
There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning "opt-out" notice).
The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
The use of deceptive subject lines and/or false header information is prohibited.
All opt-out requests, whether received by email or regular mail, must be honored. If an Independent Representative receives an opt-out request from a recipient of an email, the Independent Representative must forward the opt-out request to the Company.
Unsolicited Faxes
Except as provided in this section, Independent Representatives may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their Lifestyle Galaxy Inc. 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. The terms "unsolicited faxes" means the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting Lifestyle Galaxy Inc., its Products, its Compensation Plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Independent Representative has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an Independent Representative and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding Products offered by such Independent Representative; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. "Bonus buying" includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Independent Representative Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Independent Representative or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Independent Representatives or Customers ("phantoms"); (d) Purchasing Lifestyle Galaxy Inc. services on behalf of another Independent Representative or Customer, or under another Independent Representative's or Customer's I.D. number, to qualify for Commissions or Bonuses; (e) purchasing excessive amounts of services that cannot reasonably be used (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, Commissions or Bonuses that is not driven by bona fide Product or Service purchases by end-user consumers.
Unauthorized Claims and Actions
Indemnification
An Independent Representative is fully responsible for all of his or her verbal and written statements made regarding Lifestyle Galaxy Inc. Products, Services, and the Compensation Plan which are not expressly contained in official Lifestyle Galaxy Inc. materials. Independent Representatives agree to indemnify Lifestyle Galaxy Inc. and Lifestyle Galaxy Inc.' 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 Lifestyle Galaxy Inc. as a result of the Independent Representative's unauthorized representations or actions. This provision shall survive the termination of the Independent Representative Agreement.
Income Claims
In their enthusiasm to enroll prospective Independent Representatives, some Independent Representatives are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Independent Representatives may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.
As with any business, results vary from person to person and will be based on your individual capacity, business experience, expertise, effort, commitment, motivation and level of desire. There are no guarantees concerning the level of success you may experience.
There is no guarantee that you or anyone will make any particular level of income. Income statements differ by individual and there is no assurance that examples of past earnings can be duplicated in the future. No one in Lifestyle Galaxy Inc. can guarantee anyone elses future results and/or success, or that they will earn an income. There are some unknown risks in business and on the Internet that we cannot foresee which could reduce results.
At Lifestyle Galaxy Inc., we firmly believe that the Lifestyle Galaxy Inc. income potential is great enough to be highly attractive, without reporting the earnings of others or ever making a claim or insinuation of what your prospect might potentially earn.
The Federal Trade Commission and several countries and states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Independent Representatives may believe it beneficial to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact Lifestyle Galaxy Inc. as well as the Independent Representative making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Lifestyle Galaxy Inc. Independent Representatives do not have the data necessary to comply with the legal requirements for making income claims, an Independent Representative, when presenting or discussing the Lifestyle Galaxy Inc. Opportunity or Compensation Plan to a prospective Independent Representative, may not make income projections, income claims, or disclose his or her Lifestyle Galaxy Inc. income (including the showing of bank statements, or tax records).
You acknowledge that as an IR that You are not guaranteed any income nor am I assured any profits or success, and you certify that no claims of guaranteed profits or representations of expected earnings that might result from my efforts as an IR have been made by Lifestyle Galaxy Inc. or your sponsor. In this connection, you shall not represent directly or indirectly that any person may, can or will earn any stated gross or net amount nor that sponsorship of other IRs is easy to secure or retain or that substantially all IRs will succeed.
Notice of Change
I understand that Lifestyle Galaxy Inc. offers various services in different markets and, based on business conditions, certain services or the markets where the services are offered may change from time to time without notice. This may include but is not limited to changes and updates to Products, Services, Features, Prices and the Compensation Plan. This may include but is not in any way limited to special exemptions to monthly subscription fees in certain countries.
Trade Shows, Expositions and Other Sales Forums
Independent Representatives may display and/or sell Lifestyle Galaxy Inc. Products or Services at trade shows and professional expositions. Before submitting a deposit to the event promoter, Independent Representatives must contact the Independent Representative Services department in writing for conditional approval, as Lifestyle Galaxy Inc.' policy is to authorize only one Lifestyle Galaxy Inc. business per event. Final approval will be granted to the first Independent Representative who submits an official advertisement of the event, a copy of the contract signed by both the Independent Representative and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the Marketing Department. Lifestyle Galaxy Inc. further reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its Products, Services, or the Lifestyle Galaxy Inc. Opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer's markets as these events are not conducive to the professional image Lifestyle Galaxy Inc. wishes to portray.
Testimonial Release
Lifestyle Galaxy Inc. will have the right, in consideration of its possible use of your appearance, statements and/or materials supplied by you in written, spoken, or visual form: To edit, broadcast and/or print said material and the right to license others to use these rights. To use your name, likeness, voice, biographical information and the material supplied by you for the proposed advertising, publicity and sales promotion. Lifestyle Galaxy Inc.' use of your appearance, statements and/or material provided by you as described above will not violate the rights of any person or organization and will not incur any liability for payment to any person or organization. Said statements must be honest, sincere and truthful.
Conflicts of Interest
Nonsolicitation
Lifestyle Galaxy Inc. Independent Representatives are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively "network marketing"). However, during the term of this Agreement, Independent Representatives may not directly or indirectly Recruit other Lifestyle Galaxy Inc. Independent Representatives or Customers for any other network marketing business. Following the cancellation of an Independent Representative's Independent Independent Representative Agreement, and for a period of six calendar months thereafter, with the exception of an Independent Representative who is personally sponsored by the former Independent Representative, a former Independent Representative may not Recruit any Lifestyle Galaxy Inc. Independent Representative or Customer for another network marketing business. Independent Representatives and the Company recognize that because network marketing is conducted through networks of independent representatives dispersed across the entire United States and internationally, 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, Independent Representatives and Lifestyle Galaxy Inc. agree that this non-solicitation provision shall apply to all markets in which Lifestyle Galaxy Inc. conducts business.
Sale of Competing Goods or Services
Independent Representatives must not sell, or attempt to sell, any competing non- Lifestyle Galaxy Inc. programs, Products or Services to Lifestyle Galaxy Inc. Customers or Independent Representatives. Any program, Product or Service in the same generic categories as Lifestyle Galaxy Inc. Products or Services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
Independent Representative Participation in Other Direct Selling Programs
If an Independent Representative is engaged in other non- Lifestyle Galaxy Inc. direct selling programs, it is the responsibility of the Independent Representative to ensure that his or her Lifestyle Galaxy Inc. business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
Independent Representatives may not offer any non- Lifestyle Galaxy Inc. opportunity, Products, Services or Opportunity at any Lifestyle Galaxy Inc.-related meeting, seminar or convention, or within two hours and a five mile radius of the Lifestyle Galaxy Inc. event. If the Lifestyle Galaxy Inc. meeting is held telephonically or on the internet, any non- Lifestyle Galaxy Inc. meeting must be at least two hours before or after the Lifestyle Galaxy Inc. meeting, and on a different conference telephone number or internet web address from the Lifestyle Galaxy Inc. meeting.
No Recording of Company Events or Employees
You may not record any Lifestyle Galaxy Inc. conference call, Webinar or Lifestyle Galaxy Inc. sponsored event without the prior written consent of the Lifestyle Galaxy Inc.. You also may not record any talk or other presentation made by an employee or other representative of Lifestyle Galaxy Inc. at any meeting, event, or otherwise without the prior written consent of Lifestyle Galaxy Inc..
You are liable to the Company for any damages arising out of your misuse of the Company's trade names, trademarks, copyrights and other intellectual property rights, in any form except as specifically authorized by these Policies and Procedures or as otherwise approved in writing by Lifestyle Galaxy Inc..
Proprietary Information
During the term of the relationship with Lifestyle Galaxy Inc., the Independent Representative may receive information or data constituting a trade secret or confidential information of Lifestyle Galaxy Inc. and/or its employees/management/representatives/consultants/partners/suppliers/ service provider(s) in which event, the Independent Representative shall treat such trade secret or confidential information as strictly confidential and wholly owned by Lifestyle Galaxy Inc., as applicable. No Independent Representative may, for any reason, nor in any manner, directly or indirectly use, sell, lend, lease, distribute, license, give, transfer, disclose, disseminate, reproduce or otherwise communicate any such item of information or data to any person or entity for any purpose other than as authorized by Lifestyle Galaxy Inc. in writing. The definition of "confidential information" shall mean proprietary and confidential data or information of Lifestyle Galaxy Inc. or its employees/management/representatives/consultants/partners/suppliers/ service provider(s) which is not publicly known or available to the competitors of Lifestyle Galaxy Inc. or its employees/management/representatives/consultants/partners/suppliers/ service provider(s). "Confidential information" also includes without limitation, information regarding Lifestyle Galaxy Inc. or its employees/management/representatives/consultants/partners/suppliers/ service provider(s), Independent Representatives, customers or prospective customers, marketing methods, business and technical plans, product information and pricing. The definition of "confidential information" includes "trade secrets" which shall mean that portion of confidential information which constitutes trade secrets as defined by applicable law and including, without limitation, confidential computer programs, software, designs, processes, procedures, formulas and improvements, whether copyrightable or not. Independent Representatives must use their best efforts to preserve all confidential Information until it becomes generally available to the public or Lifestyle Galaxy Inc. agrees in writing that such information may be disclosed or is otherwise no longer deemed to be confidential.
Downline Activity (Genealogy) Reports
Downline Activity Reports are available for Independent Representative access in their official Back Office. Independent Representative 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 Lifestyle Galaxy Inc.. Downline Activity Reports are provided to Independent Representatives in strictest confidence and are made available to Independent Representatives for the sole purpose of assisting Independent Representatives in working with their respective Downline Organizations in the development of their Lifestyle Galaxy Inc. business. Independent Representatives should use their Downline Activity Reports to assist, motivate, and train their downline Independent Representatives. The Independent Representative and Lifestyle Galaxy Inc. agree that, but for this agreement of confidentiality and nondisclosure, Lifestyle Galaxy Inc. would not provide Downline Activity Reports to the Independent Representative. An Independent Representative 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 Lifestyle Galaxy Inc. or for any purpose other than promoting his or her Lifestyle Galaxy Inc. business;
- Recruit or solicit any Independent Representative or Customer of Lifestyle Galaxy Inc. listed on any report, or in any manner attempt to influence or induce any Independent Representative or Preferred Customer of Lifestyle Galaxy Inc., to alter their business relationship with Lifestyle Galaxy Inc.; or
- 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 Independent Representative will return the original and all copies of Downline Activity Reports to the Company.
Corporate and Partnership Guarantee for Owners
Although the Company has offered Independent Representatives the opportunity to conduct their business as corporate, proprietorship, partnership, or trust entities, it is agreed that since the Business Entity is under the control of its owners or principals, the actions of individual owners as they may affect the Company and the Independent Representative position are also critical to the Company's business. Therefore, it is agreed that actions of shareholders, officers, directors, partners, principals, trustee beneficiaries, agents or employees, which are in contravention to the Company's policies shall be attributable to the corporate, partnership, or respective entity. Targeting Other Direct Sellers Lifestyle Galaxy Inc. does not condone Independent Representatives solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. If any lawsuit, arbitration or mediation is brought against an Independent Representative alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Lifestyle Galaxy Inc. will not pay any of Independent Representative's defense costs or legal fees, nor will Lifestyle Galaxy Inc. indemnify the Independent Representative for any judgment, award, or settlement.
Cross-Sponsoring
In consideration of each and every Independent Representative being able to maintain a stable sales organization, Independent Representative specifically agrees that Independent Representative directly or indirectly, personally or through third parties shall not sponsor another Lifestyle Galaxy Inc. Independent Representative into another Direct Sales, Multi-Level Marketing (MLM) and/or Network Marketing company. To do so is considered "cross sponsoring" or "cross recruiting." In addition, no Independent Representative shall participate in any action that causes another Independent Representative to be sponsored/recruited through someone else into another company. Independent Representative agrees that an expense of time and money is made when sponsoring occurs which forms an enforceable business relationship between Lifestyle Galaxy Inc. Independent Representatives and their upline. The Company has the responsibility to help protect these relationships and cross-sponsoring constitutes grounds for termination. Actual or attempted cross sponsoring is strictly prohibited. "Cross sponsoring" is also defined as the enrollment of an individual who or entity that already has a current Customer or Independent Representative Agreement on file with Lifestyle Galaxy Inc., or who has had such an agreement within the preceding six calendar months, within a different line of sponsorship. The use of a spouse's or relative's name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. Independent Representatives shall not demean, discredit or defame other Lifestyle Galaxy Inc. Independent Representatives in an attempt to entice another Independent Representative to become part of the first Independent Representative's marketing organization. This policy shall not prohibit the transfer of a Lifestyle Galaxy Inc. business under special circumstances as shall be reviewed and may or may not be approved by Lifestyle Galaxy Inc..
If Cross Sponsoring is discovered, it must be brought to the Company's attention immediately. Lifestyle Galaxy Inc. may take disciplinary action against the Independent Representative that changed organizations and/or those Independent Representatives who encouraged or participated in the Cross Sponsoring. Lifestyle Galaxy Inc. may also move all or part of the offending Independent Representative's downline to his or her original downline organization if the Company deems it equitable and feasible to do so. However, Lifestyle Galaxy Inc. is under no obligation to move the Cross Sponsored Independent Representative's downline organization, and the ultimate disposition of the organization remains within the sole discretion of Lifestyle Galaxy Inc.. Independent Representatives waive all claims and causes of action against Lifestyle Galaxy Inc. arising from or relating to the disposition of the Cross Sponsored Independent Representative's downline organization.
Harassment
As an Independent Representative you must operate in a manner that is free of harassment, intimidation, threats, and abuse. Harassment of any kind will not be tolerated, including, but not limited to, race, religion, physical and verbal abuse, or soliciting, encouraging, or consummating any inappropriate or unwelcome written, verbal, electronic or physical harassment with another Independent Representative, Company employee or customer.
Harmful Solicitation
Independent Representatives shall not, during their relationship with Lifestyle Galaxy Inc. and for a period of one year thereafter, directly or indirectly, divert, entice, knowingly call upon, sell or solicit, take away or move any customer of Lifestyle Galaxy Inc. or its employees/management/representatives/consultants/partners/suppliers/ service provider(s), whether or not the Independent Representative originally procured or brought such customer to Lifestyle Galaxy Inc.' partner/ carrier/supplier/service provider(s) (such activities are collectively referred to herein as "solicitation"). All customers solicited by Independent Representatives on behalf of Lifestyle Galaxy Inc. or its partner/carrier/ supplier/service provider(s) are deemed to be customers of Lifestyle Galaxy Inc. or its employees/management/representatives/consultants/partners/suppliers/ service provider(s) and not of its Independent Representatives. Independent Representatives understand that such prohibition of nonsolicitation shall be strictly enforced and that Lifestyle Galaxy Inc. or its employees/management/representatives/consultants/partners/suppliers/ service provider(s) shall be a third party beneficiary of this prohibition as well as any proprietary and confidential information provided to Lifestyle Galaxy Inc. which in turn is received by the Independent Representative. Further, during the term of the Independent Representative Agreement and for a period of one year thereafter, Independent Representative may not enter into a direct marketing relationship with any partner/carrier/supplier/service provider(s) of Lifestyle Galaxy Inc.. Violation of this covenant and condition will result in forfeiture of all Independent Representative rights, including all current and future commissions, bonuses and payments of any kind.
On a periodic basis, Lifestyle Galaxy Inc. will supply data processing information and reports to the Independent Representative, which will provide information to the Representative concerning the representative's organization, product purchases and product mix. Independent Representatives agree that such information is proprietary and confidential to Lifestyle Galaxy Inc. and is transmitted to the representative in confidence. The representative agrees that he or she will not disclose such information, directly or indirectly, to any third party nor use the information to compete with Lifestyle Galaxy Inc. in any manner. The representative and Lifestyle Galaxy Inc. agree that, but for this agreement of confidentiality and nondisclosure, Lifestyle Galaxy Inc. would not provide the above confidential information to the representative.
Errors or Questions
If an Independent Representative has questions about or believes any errors have been made regarding Commissions, Bonuses, Downline Activity Reports, or charges, the Independent Representative must notify Lifestyle Galaxy Inc. in writing within 60 days of the date of the purported error or incident in question. Lifestyle Galaxy Inc. will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
Governmental Approval or Endorsement
Neither international, federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Independent Representatives shall not represent or imply that Lifestyle Galaxy Inc. or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
Independent Contractor Status
Independent Representatives are Independent Contractors, and are not purchasers of a franchise or a business opportunity. The agreement between Lifestyle Galaxy Inc. and its Independent Representatives does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Independent Representative. Independent Representatives shall not be treated as an employee for his or her services or for Federal or State tax purposes.
All Independent Representatives are responsible for paying local, state, and federal taxes due from all compensation earned as an Independent Representative of the Company. The Independent Representative has no authority (expressed or implied), to bind the Company to any obligation. Each Independent Representative shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Independent Representative Agreement, these Policies and Procedures, and applicable laws.
The name of Lifestyle Galaxy Inc. and other names as may be adopted by Lifestyle Galaxy Inc. are proprietary trade names, trademarks and service marks of Lifestyle Galaxy Inc.. As such, these marks are of great value to Lifestyle Galaxy Inc. and are supplied to Independent Representatives for their use only in an expressly authorized manner. Use of Lifestyle Galaxy Inc. name on any item not produced by the Company is prohibited except as follows:
Independent Representative's Name Independent Lifestyle Galaxy Inc. Independent Representative
All Independent Representatives may list themselves as an "Independent Lifestyle Galaxy Inc. Independent Representative" in the white or yellow pages of the telephone directory under their own name. No Independent Representative may place telephone directory display ads using Lifestyle Galaxy Inc.' name or logo. Independent Representatives may not answer the telephone by saying " Lifestyle Galaxy Inc." or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Lifestyle Galaxy Inc..
Income Taxes Each Independent Representative is responsible for paying local, state, and federal taxes on any income generated as an Independent Independent Representative. If a Lifestyle Galaxy Inc. business is tax exempt, the Federal tax identification number must be provided to Lifestyle Galaxy Inc.. Every year, Lifestyle Galaxy Inc. will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 USD in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000 USD.
Each Independent Representative from the United States is responsible for supplying Lifestyle Galaxy Inc. with their SSN (or EIN number in the case that the account was originally created as a company) and acknowledges that no earnings or commissions are due from Lifestyle Galaxy Inc. until such information has been supplied to Lifestyle Galaxy Inc..
With regards to payments of any kind, made by or paid to any Independent Representatives or entities in India, TDS shall be deducted at the prescribed rate.
Adherence to Laws and Ordinances
Independent Representatives shall comply with all international, federal, state, and local laws and regulations in the conduct of their businesses. Many cities, counties and countries have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Independent Representatives because of the nature of their business. However, Independent Representatives must obey those laws that do apply to them. If a city or county official tells an Independent Representative that an ordinance applies to him or her, the Independent Representative shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Lifestyle Galaxy Inc.. In most cases there are exceptions to the ordinance that may apply to Lifestyle Galaxy Inc. Independent Representatives.
Because of critical legal and tax considerations, Lifestyle Galaxy Inc. must limit the sale of its Products and the presentation of our business Opportunity to prospective customers and Independent Representatives within jurisdictions where such activities may be lawfully undertaken. Accordingly you may not sell or market the Lifestyle Galaxy Inc. Product or promote the business Opportunity in countries or territories that have not been officially opened by Lifestyle Galaxy Inc.. You may use the Lifestyle Galaxy Inc. Business Support system which is available through the Lifestyle Galaxy Inc. member back office under the Support section if you have questions about which countries you may sell in.
Minors
A person who is recognized as a minor in his/her country of residence may not be a Lifestyle Galaxy Inc. Independent Representative. Independent Representatives shall not enroll or recruit minors into the Lifestyle Galaxy Inc. program.
Fraud
Lifestyle Galaxy Inc. reserves the right at it's sole discretion to investigate and terminate any Independent Representative account where fraud exists. The most common type of fraud is credit card fraud. All credit cards for all invoices, either past or present must be authorized by the cardholder and may be subject to bank re-verification at anytime. The name and address must match the name and address the card issuing bank has on file for the cardholder. The card issuing bank must approve the transaction based on the information we have in the Independent Representative's file. Additionally, all account information must be truthful, accurate, and up-to-date. This especially includes company name, first name, last name, full address, email address, phone number and personal or corporate taxpayer id information as applicable.
Lifestyle Galaxy Inc. reserves the right to terminate this agreement immediately upon receipt of information that the Independent Representative has violated any term or condition of this agreement or has otherwise acted illegally or unethically. Independent Representative loses all rights to bonuses and compensation from the date of the infraction or termination and thereafter.
Payment Information
Declined Credit Cards: If a credit card order is declined for any reason, Lifestyle Galaxy Inc. may attempt to receive an authorization up to four (4) times. If no authorization is received the order will be voided. It is the Independent Representative's responsibility to ensure funds are available in their account for each order and that their bank allows requests for funds to be processed now and in the future until that member has canceled.
Return Check Policy
Lifestyle Galaxy Inc. will charge a USD $25.00 fee for all checks returned for ANY reason. Lifestyle Galaxy Inc. will proceed with collection of funds and the Independent Representative's account will be suspended. Suspended Independent Representatives are not eligible for commissions and bonuses. No future orders will be accepted until the debt is settled. Any fraudulent payments will affect the commissions of the upline organization. Independent Representative Account Research: If a Independent Representative feels that a debit error has occurred with their account, they may request that Lifestyle Galaxy Inc. research it. If an overcharge has occurred, Lifestyle Galaxy Inc. will adjust the account accordingly. Lifestyle Galaxy Inc. makes every attempt to answer all inquiries within one (1) week.
Actions of Household Members or Affiliated Individuals
If any member of an Independent Representative's immediate household engages in any activity which, if performed by the Independent Representative, would violate any provision of the Agreement, such activity will be deemed a violation by the Independent Representative and Lifestyle Galaxy Inc. may take disciplinary action pursuant to the Statement of Policies and Procedures against the Independent Representative. Similarly, if any individual Independent Representatived in any way with a corporation, partnership, trust or other entity (collectively "affiliated individual") violates the Agreement, such action(s) will be deemed a violation by the entity, and Lifestyle Galaxy Inc. may take disciplinary action against the entity.
Sale, Transfer or Assignment of Lifestyle Galaxy Inc. Business
Although a Lifestyle Galaxy Inc. business is a privately owned, independently operated business, the sale, transfer or assignment of a Lifestyle Galaxy Inc. business is subject to certain limitations. If an Independent Representative wishes to sell his or her Lifestyle Galaxy Inc. business, the following criteria must be met:
- The buyer or transferee must become a qualified Lifestyle Galaxy Inc. Independent Representative.
- Before the sale, transfer or assignment can be finalized and approved by Lifestyle Galaxy Inc., any debt obligations the selling Independent Representative has with Lifestyle Galaxy Inc. must be satisfied.
- The selling Independent Representative 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 Lifestyle Galaxy Inc. business.
Prior to selling or transferring a Lifestyle Galaxy Inc. business to a different name or entity, the selling Independent Representative must notify Lifestyle Galaxy Inc.' in writing of his or her intent to sell or transfer the Lifestyle Galaxy Inc. business.
The act of changing or renaming the primary information supplied during the creation of an account, especially including the Name and/or Company Name shall be considered the sale or transfer of your Lifestyle Galaxy Inc. Business, even if the new company name is owned by the original account owner.
If an Independent Representative sells or transfers an account without the written authorization of Lifestyle Galaxy Inc. then the account may be subject to immediate termination and the forfeiture of commissions due to misrepresentations to the company.
In order to receive approval from the company, the Independent Representative who is requesting the the Sale, Transfer or Assignment of their Lifestyle Galaxy Inc. Business may log into their member's back office and use the Business Support system to make the request.
Authorization of the request may also be granted through this medium.
The Lifestyle Galaxy Inc. representative must receive authorization before a transfer, sale or assignment may be completed.
Separation of a Lifestyle Galaxy Inc. Business
Lifestyle Galaxy Inc. Independent Representatives sometimes operate their Lifestyle Galaxy Inc. businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership or trust (the latter three entities are collectively referred to herein as "entities") may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Independent Representatives and the Company in a timely fashion, Lifestyle Galaxy Inc. will involuntarily terminate the Independent Representative Agreement. During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
One of the parties may, with consent of the other(s), operate the Lifestyle Galaxy Inc. business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Lifestyle Galaxy Inc. to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.
The parties may continue to operate the Lifestyle Galaxy Inc. business jointly on a "business-as-usual" basis, whereupon all compensation paid by Lifestyle Galaxy Inc. will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will Lifestyle Galaxy Inc. split Commissions between divorcing spouses or members of dissolving entities. Lifestyle Galaxy Inc. will recognize only one Downline Organization and will issue only one Commission per Lifestyle Galaxy Inc. business per Commission Cycle. Commissions shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of Commissions and Ownership of the business in a timely fashion as determined by the Company, the Independent Representative Agreement shall be involuntarily canceled.
If a former spouse has completely relinquished all rights in the original Lifestyle Galaxy Inc. business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an Independent Representative. In either case, however, the former spouse or business affiliate shall have no rights to any Independent Representatives in their former organization or to any former retail customer. They must develop the new business in the same manner as would any other new Independent Representative.
Sponsoring
All active Independent Representatives in good standing have the right to sponsor and enroll others into Lifestyle Galaxy Inc.. Each prospective Customer or Independent Representative has the ultimate right to choose his or her own Sponsor. If two Independent Representatives claim to be the Sponsor of the same new Independent Representative or Customer, the Company shall regard the first application received by the Company as controlling.
Independent Representatives should not make promises about providing prospects with or actually placing new Independent Representatives under a prospect as an inducement to sponsorship. Ultimately, each Independent Representative is responsible for building their own organization. To promise or imply that one Independent Representative will build an organization for another as an inducement to sponsorship through advertising support or any means other than training and supervisory assistance is not permitted.
Right to Refusal
Lifestyle Galaxy Inc. will retain full authority to accept or reject any application or any order for products submitted by the Independent Representative. Such refusal is solely within the discretion of the Company. No right of action against the Company will arise because of any such acceptance or refusal.
Husband and Wife Sponsoring
If a husband and wife both desire a Lifestyle Galaxy Inc. Independent Representativeship, one must be sponsored by the other. A husband and wife are not allowed to be sponsored into separate downline organizations.
Succession
Upon the death or incapacitation of an Independent Representative, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, an Independent Representative should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a Lifestyle Galaxy Inc. business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all Bonuses and Commissions of the deceased Independent Representative's marketing organization provided the following qualifications are met. The successor(s)/nominee must:
- Execute an Independent Representative Agreement;
- Comply with terms and provisions of the Agreement; and
- Meet all of the qualifications for the deceased Independent Representative's status.
- Bonus and Commission of a Lifestyle Galaxy Inc. business transferred pursuant to this section will be paid in a single transaction jointly to the devisees. The devisees must provide Lifestyle Galaxy Inc. with an "address of record" to which all Bonus and Commissions will be sent;
- If the business is bequeathed to joint devisees, they must form a business entity and acquire any required Business Identification number. Lifestyle Galaxy Inc. will issue all Bonus and Commissions to the business entity.
Transfer Upon Death of an Independent Representative
To effect a testamentary transfer of a Lifestyle Galaxy Inc. business, the successor/nominee must provide the following to Lifestyle Galaxy Inc.: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor/nominee's right to the Lifestyle Galaxy Inc. business; and (3) a completed and executed Independent Representative Agreement, or the successor/nominee must have been noted to the company in the application process and proper matching identification must be provided.
Transfer Upon Incapacitation of an Independent Representative
To effectuate a transfer of a Lifestyle Galaxy Inc. business because of incapacity, the successor/nominee must provide the following to Lifestyle Galaxy Inc.: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee's right to administer the Lifestyle Galaxy Inc. business; and (3) a completed Independent Representative Agreement executed by the trustee.
Expenses
Any and all expenses arising from a Independent Representative's business operations are the sole responsibility of the Independent Representative, including, but not limited to legal costs, telephone expenses, advertising, etc. A Independent Representative is an Independent Contractor and may not represent by implication or otherwise that they are an officer, employee, agent, or owner of the Company, and as such cannot bind or contract the Company in any manner.
Telemarketing Techniques
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have "do not call" regulations as part of their telemarketing laws. Although Lifestyle Galaxy Inc. does not consider Independent Representatives to be "telemarketers" in the traditional sense of the word, these government regulations broadly define the term "telemarketer" and "telemarketing" so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation).
Therefore, Independent Representatives must not engage in telemarketing in the operation of their Lifestyle Galaxy Inc. businesses. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Lifestyle Galaxy Inc. Product or Service, or to recruit them for the Lifestyle Galaxy Inc. Opportunity. "Cold calls" made to prospective customers or Independent Representatives that promote either Lifestyle Galaxy Inc.' Products or Services or the Lifestyle Galaxy Inc. Opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Independent Representative (a "prospect") is permissible under the following situations:
If the Independent Representative has an established business relationship with the prospect. An "established business relationship" is a relationship between an Independent Representative and a prospect based on the prospect's purchase, rental, or lease of goods or services from the Independent Representative, or a financial transaction between the prospect and the Independent Representative, within the eighteen (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 Independent Representative, within the three (3) months immediately preceding the date of such a call.
If the Independent Representative receives written and signed permission from the prospect authorizing the Independent Representative to call. The authorization must specify the telephone number(s) which the Independent Representative 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 within the preceding three months. 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, Independent Representatives shall not use automatic telephone dialing systems relative to the operation of their Lifestyle Galaxy Inc. 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 4 - RESPONSIBILITIES OF Independent Representatives
Change of Address, Telephone, and E-Mail Address
To ensure timely delivery of any correspondence support materials, and Commissions, it is critically important that the Lifestyle Galaxy Inc.' files are current. Independent Representatives planning to change their e-mail address or move must send their new e-mail address, physical address and telephone numbers through the Lifestyle Galaxy Inc. Business Support system, available within each Independent Representative's back office. To guarantee proper delivery, two weeks advance notice must be provided to Lifestyle Galaxy Inc. on all changes.
Business Conduct
In the conduct of its business, the Independent Representative shall safeguard and promote the reputation of Lifestyle Galaxy Inc. products and the Lifestyle Galaxy Inc.. The Independent Representative shall refrain from all conduct that may be harmful to the profits of Lifestyle Galaxy Inc. or its members such as encouraging other members to cancel their autoship or request a refund in the case of any personal dissatisfaction with Lifestyle Galaxy Inc.. The Independent Representative shall refrain from all conduct that might be harmful to such reputation of Lifestyle Galaxy Inc. or to the marketing of such products or inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
Continuing Development Obligations
Ongoing Training
Any Independent Representative who sponsors another Independent Representative into Lifestyle Galaxy Inc. must perform a bona fide supervisory, assistance and training function to ensure that his or her downline is properly operating his or her Lifestyle Galaxy Inc. business. Independent Representatives must have ongoing contact and communication with the Independent Representatives 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 Independent Representatives to Lifestyle Galaxy Inc. meetings, training sessions, and other functions. Upline Independent Representatives are also responsible to motivate and train new Independent Representatives in Lifestyle Galaxy Inc. product knowledge, effective sales techniques, the Lifestyle Galaxy Inc. Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of downline Independent Representatives must not, however, violate Section 3.2 (regarding the development of Independent Representative-produced sales aids and promotional materials).
Independent Representatives must monitor the Independent Representatives in their Downline Organizations to ensure that downline Independent Representatives do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Failure to fulfill the Sponsor obligation results in Unjust Enrichment and may result in the Sponsor's termination. Upon request, every Independent Representative should be able to provide documented evidence to Lifestyle Galaxy Inc. of his or her ongoing fulfillment of the responsibilities of a Sponsor.
Increased Training Responsibilities
As Independent Representatives progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Lifestyle Galaxy Inc. program. They will be called upon to share this knowledge with lesser experienced Independent Representatives within their organization.
Ongoing Sales Responsibilities
Regardless of their level of achievement, Independent Representatives have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
Additional Sponsoring Responsibilities
As an Independent Representative you take full responsibility for the accuracy of the information supplied by the prospects that you sponsor. You will also personally insure, to the highest degree possible, the ethical standards and safety of each member that you sponsor.
It is your responsibility as the sponsor to personally call and speak to each of the prospects that you personally sponsor and offer them your support.
In the case of Payment Fraud, you agree to accept any deductions of commissions due to payment fraud including any additional fees and including but not limited to any company expenditures required to stop or mitigate payment fraud for any member, company or individual within your organisation or downline. You acknowledge that any such risk mitigation and charges by the company are necessary for the overall health of your organisation and of all members.
Nondisparagement
Lifestyle Galaxy Inc. wants to provide its Independent Independent Representatives 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 through the Lifestyle Galaxy Inc. Business Support system which is available through the Lifestyle Galaxy Inc. member back office under the Support section. Remember, to best serve you, we must hear from you! While Lifestyle Galaxy Inc. welcomes constructive input, negative comments and remarks made in the field by Independent Representatives about the Company, its Products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other Lifestyle Galaxy Inc. Independent Representatives. For this reason, and to set the proper example for their downline, Independent Representatives must not disparage, demean, or make negative remarks about Lifestyle Galaxy Inc., other Lifestyle Galaxy Inc. Independent Representatives, Lifestyle Galaxy Inc.' Products/Services, the Compensation Plan, or Lifestyle Galaxy Inc.' Directors, Officers, or Employees.
Providing Documentation to Applicants
Independent Representatives must provide the most current version of the Lifestyle Galaxy Inc. Statement of Policies and Procedures, Lifestyle Galaxy Inc. Terms and Conditions, Lifestyle Galaxy Inc. Compensation Plan and Lifestyle Galaxy Inc. Terms of Service to individuals whom they are sponsoring to become Independent Representatives before the applicant signs an Independent Representative Agreement. Additional copies of Policies and Procedures can be downloaded from Lifestyle Galaxy Inc.' website.
Reporting Policy Violations
Independent Representatives observing a Policy violation by another Independent Representative should submit a written report of the violation directly to the attention of the Lifestyle Galaxy Inc. Compliance Department, through the Lifestyle Galaxy Inc. Business Support system which is available through the Lifestyle Galaxy Inc. member back office under the Support section. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
SECTION 5 - SALES REQUIREMENTS
Product/Service Sales
The Lifestyle Galaxy Inc. Compensation Plan is based on the sale of Lifestyle Galaxy Inc. Products and Services to end consumers. Independent Representatives must fulfill personal and Downline Organization retail 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. The following sales requirements must be satisfied for Independent Representatives to be eligible for Commissions:
Independent Representatives must satisfy the Personal Sales Volume requirements to fulfill the requirements as specified in the Lifestyle Galaxy Inc. Compensation Plan. "Personal Sales Volume" includes purchases made by the Independent Representative and purchases made by the Independent Representative's personal customers.
No Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
SECTION 6 - BONUSES AND COMMISSIONS
Bonus and Commission Qualifications
An Independent Representative must be active and in compliance with the Agreement to qualify for Bonuses and Commissions. So long as an Independent Representative complies with the terms of the Agreement, Lifestyle Galaxy Inc. shall pay Commissions to such Independent Representative in accordance with the Compensation Plan.
Adjustment to Bonuses and Commissions
Adjustments for Cancelled Services
Lifestyle Galaxy Inc. pays commissions and bonuses (i.e., compensations) based on the actual sales of Products and Services only. However, we cannot pay on products that are sold but subsequently refunded or in situations where any kind of fraud has occurred during the payment of the product.
So, when a commissionable product is approved for refund or at a time when payment fraud has occurred, Lifestyle Galaxy Inc. will reverse all commissions and bonuses (i.e., compensations) that were paid on the product in question to the upline Independent Representatives who received them on the original purchase. These reversed commissions will be deducted from the upline Independent Representative's future compensations, if sufficient. Should future commissions be insufficient within two (2) commission periods, a collection letter will be sent for monies due. Failure to respond will result in collection action. Twenty-five percent (25%) attorney's fees will be added for any actions involving an attorney in any collection efforts.
Reissue of Commission Checks
If a Independent Representative requests the reissue of a commission check due to that check being lost by the Independent Representative, a $30.00 stop payment fee may be imposed to cover the cost of the bank charges, etc. incurred by Lifestyle Galaxy Inc.. If the original check and the reissued check are both cashed, an additional $25.00 penalty fee will be levied, plus the check totals will be deducted from the Independent Representative's future commissions until the penalty and reissued funds are paid in full. Should future commissions be insufficient within sixty (60) days of the reissue date, a collection letter will be sent for monies due. Failure to respond will result in collection action. Twenty-five percent (25%) attorney's fees will be added for any actions involving an attorney in any collection efforts.
Reports
All information provided by Lifestyle Galaxy Inc. in downline activity reports, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card payments; returned products; credit card and charge-backs; the information is not guaranteed by Lifestyle Galaxy Inc. or any persons creating or transmitting the information.
ALL PERSONAL SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Lifestyle Galaxy Entertainment Inc. AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY DISTRIBUTOR OR INDEPENDENT REPRESENTATIVE 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 Lifestyle Galaxy Inc. 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, Lifestyle Galaxy Inc. 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 Lifestyle Galaxy Inc.' 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 Lifestyle Galaxy Inc.' reporting services and your reliance upon the information.
SECTION 7 - SATISFACTION GUARANTEES, RETURNS AND INVENTORY REPURCHASE
Satisfaction Guarantee
If any Independent Independent Representative or Customer is unsatisfied with any Video Communication Service purchased, Lifestyle Galaxy Inc. offers a 100% seven (7) day money-back guarantee (unless otherwise required by law) from the date the service is activated.
Refunds must be requested through the Lifestyle Galaxy Inc. members back office under the Business Support section. The Business Support section of each Independent Representative is easily accessible and emails are not a valid means of requesting a refund.
Returns of the purchase price constitute an Independent Representative's voluntary request to cancel. All refunds must be requested in writing to through the Lifestyle Galaxy Inc. Business Support system which is available through the Lifestyle Galaxy Inc. member back office under the Support section.
SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Independent Representative that, in the sole discretion of the Company may damage its reputation or goodwill, may result, at Lifestyle Galaxy Inc.' discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition;
- Requiring the Independent Representative to take immediate corrective measures;
- Imposition of a fine, which may be withheld from Bonuses and Commissions;
- Loss of rights to one or more Bonus or Commission payments;
- Lifestyle Galaxy Inc. may withhold from an Independent Representative all or part of the Independent Representative's Bonuses and Commissions during the period that Lifestyle Galaxy Inc. is investigating any conduct allegedly in violation of the Agreement. If an Independent Representative's business is canceled for disciplinary reasons, the Independent Representative will not be entitled to recover any Commissions withheld during the investigation period;
- Suspension of the individual's Independent Representative Agreement for one or more pay periods;
Involuntary termination of the offender's Independent Representative Agreement;
Grievances and Complaints
When an Independent Representative has a grievance or complaint with another Independent Representative regarding any practice or conduct in relationship to their respective Lifestyle Galaxy Inc. businesses, the complaining Independent Representative should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Independent Representative Services Department at the Company. The Independent Representative Services Department will review the facts and attempt to resolve it.
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 under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Independent Representatives waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in South Africa. 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. 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 Lifestyle Galaxy Inc. 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 Lifestyle Galaxy Inc.' 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.
Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in South Africa. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of South Africa shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this document, residents of the State of Louisiana shall be entitled to bring an action against Lifestyle Galaxy Inc. in their home forum and pursuant to Louisiana law.
SECTION 9 - INACTIVITY, RECLASSIFICATION, AND CANCELLATION
Effect of Cancellation
So long as an Independent Representative remains active and complies with the terms of the Independent Representative Agreement and these Policies and Procedures, Lifestyle Galaxy Inc. shall pay Commissions to such Independent Representative in accordance with the Compensation Plan.
An Independent Representative's Bonuses and Commissions constitute the entire consideration for the Independent Representative's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an Independent Representative's non-renewal of his or her Independent Representative Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Independent Representative Agreement (all of these methods are collectively referred to as "cancellation"), the former Independent Representative shall have no right, title, claim or interest to the marketing organization which he or she operated, or any Commission or Bonus from the sales generated by the organization. An Independent Representative whose business is cancelled will lose all rights as an Independent Representative. This includes the right to sell Lifestyle Galaxy Inc. Products and Services and the right to receive future Commissions, Bonuses, or other income resulting from the sales and other activities of the Independent Representative's former downline sales organization. In the event of cancellation, Independent Representatives 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 Independent Representative's cancellation of his or her Independent Representative Agreement, the former Independent Representative shall not hold himself or herself out as a Lifestyle Galaxy Inc. Independent Representative and shall not have the right to sell Lifestyle Galaxy Inc. Products or Services. An Independent Representative whose Independent Representative Agreement is canceled shall receive Commissions and Bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
Cancellation For Inactivity
If an Independent Representative does not earn a Commission or Bonus for one year, his or her Independent Representative Agreement will be cancelled for inactivity. If an Independent Representative does not pay their monthly subscription for six (6) months, his or her Independent Representative Agreement will be cancelled for inactivity. If a Independent Representative elects not to renew their agreement, all rights to bonuses and marketing position cease.
Involuntary Cancellation
An Independent Representative's violation of any of the terms of the Agreement, including any amendments that may be made by Lifestyle Galaxy Inc. in its sole discretion, may result in any of the sanctions, including the involuntary cancellation of his or her Independent Representative Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed, or delivered to an express courier, to the Independent Representative's last known address (or fax number), or to his/her attorney, or when the Independent Representative receives actual notice of cancellation, whichever occurs first.
Voluntary Cancellation
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company through the Lifestyle Galaxy Inc. Business Support system which is available through the Lifestyle Galaxy Inc. member back office under the Support section. The written notice must include the Independent Representative's signature, printed name, address, and Independent Representatives username. If an Independent Representative is also subscriber to Lifestyle Galaxy Inc.' services, the Independent Representative's service agreement shall continue in force unless the Independent Representative also specifically requests that the service agreement also be canceled.
Non-renewal
An Independent Representative may voluntarily cancel his or her Independent Representative Agreement. Lifestyle Galaxy Inc. may also elect not to renew an Independent Representative's Agreement upon its anniversary date.
Customer Status Following Cancellation
If an Independent Representative is also a Lifestyle Galaxy Inc. service subscriber, and his or her Independent Representative Agreement is cancelled for any reason, but he or she continues to purchase Lifestyle Galaxy Inc. services, the former Independent Representative will be classified as a retail customer.
SECTION 10 - DEFINITIONS
Active Customer — A Customer who purchases Lifestyle Galaxy Inc. services and whose account is current.
Active Member / Active Independent Representative — An Independent Representative who has personally generated a minimum, onetime, 100 PCV/CV and pays the annual renewal fee (in the following countries: India, Kuwait, Bahrain, Bangladesh, Nepal, Oman, the Philippines, Qatar, Saudi Arabia, the Ukraine and U.A.E.) or monthly subscription fee. An Independent Representative who has received a Commission during the preceding twelve months and who has not had his or her Independent Representative Agreement voluntarily or involuntarily cancelled.
Active Rank — The term "active rank" refers to the current rank of an Independent Representative, as determined by the Lifestyle Galaxy Inc. Compensation Plan, for any month. To be considered "active" relative to a particular rank, an Independent Representative must meet the criteria set forth in the Lifestyle Galaxy Inc. Compensation Plan for his or her respective rank. (See the definition of "Rank" below.)
Agreement - The contract between the Company and each Independent Representative includes the Independent Representative Application and Agreement, the Lifestyle Galaxy Inc. Statement of Policies and Procedures, Lifestyle Galaxy t Inc. Terms and Conditions, Lifestyle Galaxy Inc. Compensation Plan and Lifestyle Galaxy Inc. Terms of Service, all in their current form and as amended by Lifestyle Galaxy Inc. in its sole discretion. These documents are collectively referred to as the "Agreement."
Cancel — The termination of an Independent Representative's business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Genealogy Report — A report generated by Lifestyle Galaxy Inc. that provides critical data relating to the identities of Independent Representatives, sales information, and enrollment activity of each Independent Representative's Marketing Organization. This report contains confidential and trade secret information which is proprietary to Lifestyle Galaxy Inc..
Group Sales Volume (GSV) – The accumulation of Sales Volume on each Product purchased in your downline. Immediate Household — Heads of household and dependent family members residing in the same house.
Official Lifestyle Galaxy Inc. Material — Literature, audio or video tapes, and other materials developed, printed, published and distributed by Lifestyle Galaxy Inc. to Independent Representatives.
Personal Production — Moving Lifestyle Galaxy Inc. Products or Services to an end consumer for personal use.
Personal Commissionable Volume (PCV) — The commissionable value of Services and Products sold in a calendar month: (1) by the Company to an Independent Representative; and (2) by the Company to the Independent Representative's personal customers.
Qualified – An Independent Representative must have at least one personally sponsored and Active Independent Representative on both his or her left and right legs.
Rank — The "title" that an Independent Representative has achieved pursuant to the Lifestyle Galaxy Inc. Compensation Plan. Recruit — For purposes of Lifestyle Galaxy Inc.' Conflict of Interest Policy, the term "Recruit" means:
(a) Actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Lifestyle Galaxy Inc. Independent Representative or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
(b) The conduct described in subsection (a) constitutes recruiting even if the Independent Representative's actions are in response to an inquiry made by another Independent Representative or Customer. This subsection (b) is not applicable in California.
Resalable — Sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the sales aids at full price; 4) it is returned to Lifestyle Galaxy Inc. within one year from the date of purchase. Any sales aids that are clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
Retail Customer — An individual who purchases Lifestyle Galaxy Inc. Products from an Independent Representative but who is not a participant in the Lifestyle Galaxy Inc. Compensation Plan.
Sales Volume – Each Product/Service is assigned a point value called "Sales Volume" (SV), and the Compensation Plan is based on the accumulation of these points.
Sponsor — An Independent Representative who enrolls a Customer or another Independent Representative into the Company, and is listed as the Sponsor on the Independent Representative Application and Agreement. The act of enrolling others and training them to become Independent Representatives is called "sponsoring."