1. Authorization and Contract.
By executing the INFINii Affiliate Agreement (“Agreement”), you apply for legal authorization to become an INFINii affiliate and enter into contract with INFINii, LLC, hereinafter “INFINii.” You acknowledge that prior to signing you have received, read and understood the INFINii Income Disclosure Statement, that you have read and understood the INFINii Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.infinii.com, and that you have read and agree to all terms set forth in this Agreement. INFINii reserves the right to reject any application for any reason within 30 days of receipt.
2. Expiration, Renewal, and Termination.
The term of this Agreement is month to month (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If your INFINii business is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Affiliate. In the event of cancellation or termination you waive all rights you have, including but not limited to property rights, to your former referred users and to any milestone bonuses, commissions or other remuneration derived through the sales and other activities of your referred users. INFINii reserves the right to terminate all Affiliate Agreements upon thirty (30) days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its services via direct selling channels.
3. Independent Contractor Status.
You agree this authorization does not make you an employee, agent, or legal representative of INFINii. As a self-employed independent contractor, you will be operating your own independent business, buying and selling services available through INFINii on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
3. Presenting the Plan
You agree when presenting the INFINii Affiliate Commission Structure to present it in its entirety as outlined in official INFINii materials, emphasizing that sales to end consumers are required to receive compensation in the form of one-tier commission structure. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by INFINii. You agree to instruct all prospective Affiliates to review the INFINii Income Disclosure Statement.
4. Selling the Service.
You agree to make no representations or claims about any services beyond those shown in official INFINii literature. You further agree to sell services available through INFINii only in authorized territories.
5. Non-Solicitation Agreement.
In accordance with the Policies and Procedures, you agree that during the period while you are a Affiliate, and for one calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other INFINii Affiliate to compete with the business of INFINii.
6. Images / Recordings / Consents.
You agree to permit INFINii to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by INFINii for any lawful purpose, and without compensation.
7. Modification of Terms.
With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
8. Jurisdiction and Governing Law.
The formation, construction, interpretation, and enforceability of your contract with INFINii as set forth in this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Texas without regard to conflict of law provisions.
9. Dispute Resolution.
All disputes and claims relating to INFINii, its services, the rights and obligations of a Affiliate and INFINii, or any other claims or causes of action relating to the performance of either a Affiliate or INFINii under the Agreement or the INFINii Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Cypress, Texas, or such other location as INFINii prescribed, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. Additionally, you agree not to initiate or participate in any class action proceeding against INFINii, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent INFINii from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its 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.
10. Time Limitation.
If a Affiliate wishes to bring an action against INFINii for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Affiliate waives all claims that any other statutes of limitations apply.
11. Refund Policy.
INFINii offers a seven (14) day satisfaction guarantee on all initial fees paid to the company. All subsequent fees are nonrefundable. The digital nature of the service and the immediacy of the benefits make any possibility for a longer refund period commercially impractical.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and INFINii and supersedes any prior agreements, understandings and obligations between you and INFINii concerning the subject matter of your contract with INFINii.
13. Notice of Right to Cancel.
You may request a refund on your enrollment fee if it’s done within seven (14) business days from the date of enrollment. If you cancel, any enrollment fees paid will be returned within FOURTEEN BUSINESS DAYS following receipt by the seller of your cancellation notice. To cancel this transaction, mail or deliver written notice, to INFINii, LLC, 15201 Mason Road, Ste 1000 #145, Cypress, Texas, 77433, not later than midnight of the seventh (14th) business day following the date of this Agreement.
Effective October 20, 2015
1.1 Code Of Ethics
1.2 Policies Incorporated Into Affiliate Agreement
1.3 Changes To The Affiliate Agreement, Policies And Procedures, Or Affiliate Commission Structure
1.5 Policies And Provisions Severable
4.1 Adherence To The INFINii Affiliate Commission Structure
4.2 Use Of Sales Aid
4.3 Intellectual Property
4.4 Web Policy
4.5 Media And Media Inquiries
4.6 Unsolicited Email And Fax Communication
5.2 Unauthorized Claims And Action
5.2.2 Endorsement of INFINii Services
5.4 Governmental Approval Or Endorsement
5.6 Income Taxes
5.7 Independent Contractor Status
5.9 One INFINii Business Per Affiliate
5.11 Sale, Transfer, Or Assignment Of An INFINii Business
5.12 Separation Of AN INFINii Business
6.1 Change Of Address, Telephone No., Email-Address
6.2 Sponsoring Affiliate Responsibilities
6.3 Non disparagement
8.1 Commission Qualifications
8.2 Errors Or Questions
8.4 Refund Policy
8.1 Disciplinary Sanctions
8.4 Governing Law, Jurisdiction, And Venue
9.1 Effect Of Cancellation And Termination
Effective October 20, 2015
1.1 - Code of Ethics
INFINii (hereafter "INFINii" or "the Company") is a values-based company that prides itself on the quality and character of its Affiliates (hereinafter "Affiliate"). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every INFINii Affiliate is expected to practice the following ethical behavior when acting in the name of the company:
1.2 - Policies Incorporated into Affiliate Agreement
These Policies and Procedures ("Policies"), in their present form and as amended at the sole discretion of INFINii, are incorporated into, and form an integral part of, the INFINii Affiliate Agreement (hereafter "Affiliate Agreement"). Throughout these Policies, when the term "Agreement" is used, it collectively refers to the INFINii Affiliate Agreement, these Policies, and the INFINii Affiliate Commission Structure. These documents are incorporated by reference into the Affiliate Agreement (all in their current form and as amended by INFINii). It is the responsibility of each Affiliate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies..
1.3 - Changes to the Affiliate Agreement, Policies and Procedures, or Affiliate Commission Structure
Because federal, state, and local laws, as well as the business environment, periodically change, INFINii reserves the right to amend the Agreement and the prices in its INFINii Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official INFINii Materials. Amendments shall be effective upon publication in Official INFINii Materials, including but not limited to, posting on INFINii's website, e-mail distribution, publication in INFINii's newsletter, product inserts, or any other commercially reasonable method. The continuation of an Affiliate's INFINii business or an Affiliate's acceptance of commissions constitutes acceptance of any and all amendments. The ability to modify the agreement does not extend to the dispute resolution section in these Policies (Section 9), as those provisions can only be modified by way of mutual consent.
1.4 - Delays
INFINii shall not be responsible for delays and 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, flood, death, curtailment of a party's source of supply, or government decrees or orders.
1.5 -Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
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 INFINii to exercise any right or power under the Agreement or to insist upon strict compliance by a Affiliate 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 INFINii's right to demand exact compliance with the Agreement. Waiver by INFINii can be effectuated only in writing by an authorized officer of the Company.
2.1 - Requirements to Become an Affiliate
To become an INFINii Affiliate, each applicant must:
In an effort to conduct best business practices, INFINii has developed the Income Disclosure Statement ("IDS"). The INFINii IDS is designed to convey truthful, timely, and comprehensive information regarding the income that INFINii Affiliates earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Affiliates.
A copy of the IDS must be presented to a prospective Affiliate (someone who is not a party to a current INFINii Affiliate Agreement) anytime the Affiliate Commission Structure is presented or discussed, or any type of income claim or earnings representation is made.
The terms "income claim" and/or "earnings representation" (collectively "income claim") include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of "statements of non-average earnings" include, "Our number one Affiliate earned over a million dollars last year" or "Our average ranking Affiliate makes five thousand per month." An example of a "statement of earnings ranges" is "The monthly income for our higher ranking Affiliates is ten thousand dollars on the low end to thirty thousand dollars a month on the high end."
In any meeting that is open to the public in which the Affiliate Commission Structure is discussed or any type of income claim is made, you must provide every prospective Affiliate with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the company website at www.infinii.com/IDS.
4.1 - Adherence to the INFINii Affiliate Commission Structure
Affiliates must adhere to the terms of the INFINii Affiliate Commission Structure as set forth in Official INFINii Materials. Affiliates shall not offer the INFINii Affiliate Commission Structure through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official INFINii Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in INFINii in any manner that varies from the program as set forth in Official INFINii Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official INFINii agreements and contracts in order to become an INFINii Affiliate. Similarly, Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the INFINii Affiliate Commission Structure other than those purchases or payments identified as recommended or required in Official INFINii Materials.
4.2 - Use of Sales Aids
To refer the services of INFINii, Affiliates must use the sales aids and support materials produced by INFINii. If INFINii Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates' good intentions, they may unintentionally violate any number of statutes or regulations affecting a INFINii business. These violations, although they may be relatively few in number, could jeopardize the INFINii Affiliate Structure for all Affiliates. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company's approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of INFINii and its services. The marketing and promotion of INFINii, the INFINii Affiliate Structure, shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 -Intellectual Property
INFINii will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including INFINii Affiliates, without prior written authorization from INFINii. Furthermore, no Affiliate may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Affiliate without prior written consent from the named Affiliate. This consent must be on file with INFINii's Compliance department prior to any use.
4.4 -Web Policy
It is your obligation to ensure your Online marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are an authorized representative for INFINii, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official INFINii Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. INFINii will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.
B. Domain Names, email Addresses and Online Aliases
You cannot use or register domain names, email addresses, and/or Online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of INFINii by showing up as the sender of an email.
Examples of the improper use include but are not limited to:
INFINii@msn.com; www.INFINiiDirect.com; www.facebook.com/INFINii or derivatives as described herein.
Examples of permitted URLs, email addresses, and Online aliases might appear as follows: facebook.com/iloveINFINii; jimsmith@INFINiiaffiliate.net.
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of INFINii. If you have a question whether your chosen name is acceptable, you may submit it to email@example.com for review before use.
C. Banner Advertising
You may place banner advertisements on a website provided you use INFINii-approved templates and images. All banner advertisements must link to your Affiliate Link. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with INFINii products or the INFINii Affiliate Structure.
D. Social Networking Sites
You may use social networking websites (Facebook, Twitter, Instagram, LinkedIn, blogs, forums and other social shared interest sites) to share information about the INFINii product, mission and affiliate opportunity. However, these sites may not be used to sell or offer to sell specific INFINii services.
Profiles you generate in any social community where you mention or discuss INFINii must clearly identify you as a INFINii Affiliate and must appear as described herein. When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at INFINii's sole discretion, and offending Affiliates will be subject to disciplinary action and/or termination.
You agree that you will immediately take down a non-compliant site at the request of INFINii. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
E. INFINii Affiliate Image Mandate
When using a Social Media or external website it must contain:
Although INFINii brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Independent Affiliate site, and not a INFINii Corporate page.
4.5 - Media and Media Inquiries
Affiliates must not initiate any interaction with the media or attempt to respond to media inquiries regarding INFINii, its services, or their independent INFINii business. All inquiries by any type of media must be immediately referred to INFINii's Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.6 - Unsolicited Email and Fax Communication
INFINii does not permit Affiliates to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by a Affiliate that promotes INFINii, the INFINii opportunity, or INFINii services, must comply with the following:
All opt-out requests, whether received by email or regular mail, must be honored. If a Affiliate receives an opt-out request from a recipient of an email, the Affiliate must forward the opt-out request to the Company. INFINii may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that the Company may send such emails and that the Affiliate's physical and email addresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Affiliates may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their INFINii businesses.
SECTION 5 - OPERATING A INFINii BUSINESS.
5.1 - Unauthorized Claims and Action
5.1.1 - Indemnification
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding INFINii services and the Affiliate Commission Structure, which are not expressly contained in Official INFINii Materials. Affiliates agree to indemnify INFINii and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by INFINii as a result of the Affiliate's unauthorized representations or actions. This provision shall survive the cancellation of the Affiliate Agreement.
5.1.2 -Endorsements of INFINii Services
No claims as to any services offered by INFINii may be made except those contained in Official INFINii Materials.
5.2 - Conflicts
5.2.1 - Non-Solicitations
INFINii Affiliates are free to participate in any multilevel or network marketing business ventures or marketing opportunities (collectively "Network Marketing"). However, during the term of this Agreement, Affiliates may not directly or indirectly recruit other INFINii Affiliates or Customers other than those they have personally sponsored for any Network Marketing business. Following the cancellation of a Affiliate Agreement, and for a period of one (1) calendar year thereafter, with the exception of a Affiliate who is personally referred by the former Affiliate, a former Affiliate may not refer any INFINii Affiliate or Customer for another Network Marketing business.
5.3 -Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Affiliates shall not represent or imply that INFINii or its Affiliate Commission Structure have been "approved," "endorsed," or otherwise sanctioned by any government agency.
All Affiliates are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to INFINii either on the Affiliate Agreement or at the company's request. Upon enrollment, the Company will provide a unique Affiliate Identification Number to the Affiliate by which they will be identified. This number will be used to place orders and track commissions and bonuses.
5.5 - Income Taxes
Every year, INFINii will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each Affiliate is responsible for paying local, state and federal taxes on any income generated as a Affiliate. If an INFINii business is tax exempt, the Federal Tax Identification Number must be provided to INFINii. Any Affiliate that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their commissions and bonus will be withheld and submitted to the IRS.
5.6 - Independent Contractor Status
You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an Independent Affiliate. You have no authority to bind INFINii to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent INFINii Business or the acquisition, receipt, holding, selling, distributing or advertising of INFINii's services or opportunity.
Affiliates may not answer the telephone by saying "INFINii," "INFINii Incorporated," or by any other manner that would lead the caller to believe that they have reached INFINii's corporate offices. An Affiliate may only represent that he/she is an INFINii Affiliate. Therefore, all correspondence and business cards relating to or in connection with a Affiliate's INFINii business shall contain the Affiliate's name followed by the term "Affiliate."
5.7 - Structuring
Structuring is the unauthorized manipulation of the INFINii Affiliate Commission Structure and/or the marketing plan in order to trigger commissions or cause a milestone bonus for an Affiliate in an unearned manner. One example of structuring occurs when a Affiliate creates new fake customer accounts in order to trigger unearned qualification for commissioning.
5.8 - One INFINii Business per Affiliate
An Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one INFINii business. No individual may have, operate or receive compensation from more than one INFINii business. Individuals of the same family unit may each enter into or have an interest in their own separate INFINii businesses. A "family unit" is defined as spouses and dependent children living at or doing business at the same address.
5.9 - Succession
Upon the death or incapacitation of an Affiliate, their business may be passed to a designated heir(s). Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever an INFINii business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all commissions and milestone bonuses, if any of the deceased Affiliate's referred users provided the following qualifications are met. The successor(s) must:
5.10 - Sale, Transfer, or Assignment of an INFINii Business
Although an INFINii business is a privately owned, independently operated business, the sale, transfer or assignment of an INFINii business is subject to certain limitations. If a Affiliate wishes to sell their INFINii business, the following criteria must be met:
Prior to selling an INFINii business, the selling Affiliate must notify INFINii's Compliance department of their intent to sell the INFINii business.
5.11 - Separation of an INFINii Business
INFINii Affiliates sometimes operate their INFINii 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. If the separating parties fail to provide for the best interests of other Affiliates and the Company in a timely fashion, INFINii will involuntarily terminate the Affiliate Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
SECTION 6 - RESPONSIBILITIES OF AFFILIATES
6.1 - Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials and commission checks, it is critically important that the INFINii's files are current. Affiliates planning to move or change their email address must submit an amended Affiliate Agreement complete with the new information.
6.2 - Non-Disparagement
Affiliates must not disparage, demean, or make negative remarks about INFINii, other INFINii Affiliates, INFINii's products, the Affiliate Commission Structure, or INFINii's owners, board members, directors, officers, or employees. Disparaging actions, comments, or statements are those that impugn the character, honesty, integrity, morality or business acumen or abilities of those connected with the INFINii business or the business itself.
6.3 - Reporting Policy Violations
Affiliates observing a Policy violation by another Affiliate should submit a written report of the violation directly to the attention of the INFINii Compliance department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 - COMMISSIONS AND REFUND POLICY
7.1 - Commission Qualifications
In order to qualify to receive commissions, an Affiliate must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An Affiliate will qualify to receive commissions and bonuses so long as he/she produces one personal membership sale each month. An Affiliate is not required to maintain a personal membership, to be eligible for commissions; but may do so if desired for purposes of this section.
7.2 - Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions or milestone bonuses the Affiliate must notify INFINii in writing within 30 days of the date of the purported error or incident in question. INFINii will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
7.3 - Reports
All information provided by INFINii, including but not limited to referred user commissions (or any part thereof) 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 and electronic check payments, returned products; credit card and electronic check charge-backs, the information is not guaranteed by INFINii or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP 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 NONINFRINGEMENT.
7.4 - Refund Policy
INFINii offers a seven (14) day satisfaction guarantee on all initial fees paid to the company. All subsequent fees are nonrefundable. When a refund is requested by a Affiliate the bonuses and commissions attributable to the refunded service will be deducted from the Affiliate who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the commission is recovered.
SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
8.1 - 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 a Affiliate that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the Affiliate's INFINii business), may result, at INFINii's discretion, in one or more of the following corrective measures:
8.2 - Mediation
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator's fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorney's fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Cypress, Texas, and shall last no more than two (2) business days.
8.3 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential 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. Affiliates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Cypress, Texas. 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 which 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.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE .
Nothing in these Policies and Procedures shall prevent INFINii 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 INFINii's interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
8.4 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Cypress, Texas. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Texas shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana shall be entitled to bring an action against INFINii in their home forum and pursuant to Louisiana law.
SECTION 9 - EFFECT OF CANCELLATION
9.1- Effect of Cancellation and Termination
So long as a Affiliate remains active and complies with the terms of the Affiliate Agreement and these Policies, INFINii shall pay commissions to such Affiliate in accordance with the Affiliate Commission Structure. An Affiliate's commissions constitute the entire consideration for the Affiliate's efforts in generating sales and all activities related to generating sales (including, but not limited to, referring customers to INFINii products). Following an Affiliate's non-continuation of his or her Affiliate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Affiliate Agreement (all of these methods are collectively referred to as "Cancellation"), the former Affiliate shall have no right, title, claim or interest to the referred users which he or she operated, or any commission from the sales generated. Affiliates waive any and all rights, including, but not limited to, property rights, the referred users which they may have had. Following an Affiliate's cancellation of his or her Affiliate Agreement, the former Affiliate shall not hold him or herself out as a INFINii Affiliate and shall not have the right to sell products through the INFINii Platforms. An Affiliate whose Affiliate Agreement is canceled shall receive commissions only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
An INFINii participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, or via email to INFINii. The written notice must include the Affiliate's signature, printed name, address, and Affiliate ID Number.
SECTION 10 - DEFINITIONS
AGREEMENT: The contract between the Company and each Affiliate; includes the Affiliate Agreement, the INFINii Policies and Procedures, and the INFINii Affiliate Commission Structure, all in their current form and as amended by INFINii in its sole discretion. These documents are collectively referred to as the "Agreement."
CANCEL: The termination of a Affiliate's business. Cancellation may be either voluntary, involuntary, or through non-renewal.
AFFILIATE COMMISSION STRUCTURE: The guidelines and referenced literature for describing how Affiliates can generate commissions and bonuses.
CUSTOMER: A Customer who purchases INFINii products and does not engage in referring other customers to INFINii.
AFFILIATE: An individual who refers INFINii products and receives a commission.
OFFICIAL INFINii MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by INFINii to Affiliates.