TERMS AND CONDITIONS
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site (“Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995. Unpublished rights reserved under the copyright laws of the United States.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
A. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
B. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
C. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
D. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
E. impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written permission.
INFINii name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of INFINii. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
INFINii offers a seven (7) day, money back guarantee on the initial subscription fee. All subsequent subscription fees are nonrefundable as the benefits of the service are realized immediately upon payment.
Upon cancellation of a Partner’s agreement, the participant may return resalable sales aids purchased within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A Participant may only return sales aids he or she personally purchased from the Company under his or her Participant Identification Number, and which are in resalable condition. Upon receipt of the products and sales aids, the Participant will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account. The Company shall deduct from the reimbursement paid to the Participant any commissions, bonuses, rebates or other incentives received by the Participant that were associated with the merchandise that is returned.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Texas, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Texas, by accessing this site, both you and the Company agree that the statutes and laws of Texas shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Texas and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.
Our Commitment to Privacy
What Information Do We Collect?
When you visit our site, we collect two types of information: personal information you actively choose to disclose (“Active Information”) and use information collected, in a way not visible to you, on an aggregate anonymous basis as you and other users browse our site (“Passive Information”).
1. Personally Identifiable Information
This refers to information that lets us know specifically about you i.e. profile information.
When you register to become an authorized reseller of our products or services, we will collect Personally Identifiable Information (such as name, address, email address, and telephone number). This Personally Identifiable Information is securely stored and may be accessed on our website. You are assigned an identification number and select your own password – both are needed to enter the Site and to access your Contact Information. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.
When you place an order for products or services, we collect Personally Identifiable Information (such as name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and to communicate the status of your order.
C. Credit Card Storage
Credit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our Site. However, you may voluntarily elect to securely store multiple credit cards to be used for product orders.
D. Surveys and Promotions
Occasionally, you may voluntarily provide Personally Identifiable Information to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we’re providing accurate disclosures. We may also use your Personally Identifiable Information to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the Site.
2. Aggregate Information
This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL”) of the website that referred you to our Site, your Internet Protocol (“IP”) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our Site. Our web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content or our Site in order to make your visit an easy and enjoyable experience.
We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any Personally Identifiable Information with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other Personally Identifiable Information under this Privacy Statement.
Active Information You Choose to Provide
In order to gain use of the site (become a “user”), we require you to disclose the following information: Name, Address and Phone Number
We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.
Passive Information Collected
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a site. They are small pieces of data stored by a user’s browser to simplify subsequent interactions with the site. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.
Our site utilizes cookies to collect information about how our site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at our site, the sites visited just before and just after visiting our site. If you do not wish to transmit “cookie” information about yourself, you may turn off the cookie function in your web browser.
Our site’s servers also automatically identify your computer by its Internet Protocol address, which is a unique string of numbers that are assigned to your computer by your Internet Service Provider. The IP address may be used to address problems with our server or to gather broad demographic information about our users. We passively collect your IP Address.
How Do We Use the Information Collected?
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our business activities, providing customer support and making available other products or services we think might be of interest to our users. We may use the Active Information or Passive Information you provide to contact you about various changes to our site, new services, features or products we offer. If at any time you do not wish to receive such information, you may “opt-out” of doing so by adjusting your email settings in the back office of the website.
We use Passive Information to gather information about our users and to enhance our site to make it easier, faster and friendlier for users. Additionally, cookies help us better understand the usage pattern of the people that visit our site, which helps us improve our services. Passive Information may result in your viewing of particular advertising based on your user habits.
Your Information In Relation to Others We Link To
You might be able to access other websites through our site via hyperlinks. When you do so, you are subjecting yourself to their privacy policies and data collection. Please read the privacy policies of those sites to ensure you agree with the terms before using such sites.
Sharing Information with Advertisers or Other Third Parties
We may disclose anonymous information about user habits to advertisers on our site. The parties who perform services for us (credit card processors, merchant bank, Internet Service Provider) may also have access to your information in performing such services. Should we buy or sell assets of our company, another company may need to review our company’s assets, which might include your information, to make business decisions as to whether to acquire such assets.
Sharing Information with the Government or As Otherwise Required by Law
We may be required by subpoena, law or government agency to disclose both Active and Passive Information you have provided to us.
How Do We Secure Active Information and Passive Information?
We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss of Active and Passive Information. Individual postings on this site and other communications to our office via email or standard mail may not be secure unless we advise you that security measures are in place prior to your submission of information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we respectfully request that you do not send or post sensitive information through these means.
Accessing and Correcting Your Information
We take reasonable measures to ensure that any Personally Identifiable Information we collect on our Site is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct Personally Identifiable Information provided to us, you may edit your information online.
Protecting Your Information
We acknowledge your trust and are committed to take reasonable steps to protect Personally Identifiable Information provided from loss, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information.
It is your responsibility to safeguard the password you use to access our Site and to promptly advise us if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.
Links to Other Websites
Links to third-party websites may be provided solely for your information and convenience or to provide additional shopping for various other goods and services through our Merchant and Services Partners. If you use these links, you will leave our Site. This Privacy Statement does not cover the information practices of those websites nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Children’s Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child’s online activities. Our Site does not target and is not intended for children under the age of 18, and we will not knowingly collect Personally Identifiable Information from them. If we discover personal data from a child through our site, we will eliminate that data. You may learn more about protecting children’s privacy online by visiting:
Changes to This Statement
Any updates or changes to the terms of this Privacy Statement will be posted on our Site and the date of the newest version posted below. Please check back frequently, especially before you submit any Personally Identifiable Information at our Site, to see if this Privacy Statement has changed. By using our Site, you acknowledge acceptance of this Privacy Statement in effect at the time of use.
YOUR USE OF OUR SITE MEANS THAT YOU ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES.
1. Authorization and Contract.
By executing the INFINii Partner Agreement (“Agreement”), you apply for legal authorization to become an INFINii business owner 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 you fail to renew your INFINii business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Partner. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. INFINii reserves the right to terminate all Partner 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 or your Sponsoring Partner. 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 Compensation Plan 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 bonuses on downline volume. 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 Partners 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 Partner, 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 Partner 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 Partner 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. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against INFINii, LLC with jurisdiction and venue as provided by Louisiana law.
9. Dispute Resolution.
All disputes and claims relating to INFINii, its services, the rights and obligations of a Partner and INFINii, or any other claims or causes of action relating to the performance of either a Partner 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 Partner 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. Partner waives all claims that any other statutes of limitations apply.
11. Refund Policy.
INFINii offers a seven (7) 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 (7) business days from the date of enrollment. If you cancel, any enrollment fees paid will be returned within TEN 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 (7th) business day following the date of this Agreement.
INFINii Statement of Policies and Procedures
Effective October 20, 2015
SECTION 1 - INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into Partner Agreement
1.3 Changes To The Partner Agreement, Policies And Procedures, Or Compensation Plan
1.5 Policies And Provisions Severable
SECTION 2 -BECOMING A PARTNER
2.1 Requirements To Become A Partner
2.2 Term And Renewal Of an INFINii Business
SECTION 3 - INCOME DISCLOSURE POLICY
SECTION 4 - ADVERTISING
4.1 Adherence To The INFINii Compensation Plan
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
SECTION 5 -OPERATING an INFINii BUSINESS.
5.1 - Business Entities
5.1.1 Changes to a Business Entity
5.1.2 Change of Sponsor
5.1.3 Change of Placement
5.2 Unauthorized Claims And Action
5.2.2 Endorsement of INFINii Services
5.3.2 Targeting Other Direct Sellers
5.3.3 The Data Management Rule
5.4 Cross Sponsoring
5.5 Governmental Approval Or Endorsement
5.7 Income Taxes
5.8 Independent Contractor Status
5.9 Bonus Buying
5.11 One INFINii Business Per Partner
5.13 Sale, Transfer, Or Assignment Of An INFINii Business
5.14 Separation Of AN INFINii Business
6 RESPONSIBILITIES OF PARTNERS
6.1 Change Of Address, Telephone No., Email-Address
6.2 Sponsoring Partner Responsibilities
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.3 Non disparagement
6.4 Reporting Policy Violations
7 AUTOMATIC BILLING
8 BONUSES AND COMMISSIONS
8.1 Bonus And Commission Qualifications
8.2 Errors Or Questions
8.3 Bonus Buying Prohibited
8.5 Refund Policy
8.6 Co-Op Policy
9 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
9.4 Governing Law, Jurisdiction, And Venue
10 EFFECT OF CANCELLATION
10.1 Effect Of Cancellation And Termination
STATEMENT OF POLICIES AND PROCEDURES
Effective October 20, 2015
SECTION 1 - INTRODUCTION
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 Partners (hereinafter "Partner"). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every INFINii Partner is expected to practice the following ethical behavior when acting in the name of the company:
A. I will be respectful of every person I meet while doing INFINii related business.
B. At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to INFINii, any INFINii corporate officer or employee, myself, or other Partners.
D. I will not make discouraging or disparaging claims toward other INFINii Partners. I will ensure that in all INFINii business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
E. I will provide support and encouragement to my Customers to ensure that their experience with INFINii is a successful one. I understand that it is important to provide follow-up service and support to my downline.
F. I will correctly represent all the bonus/compensation plans available through INFINii and the income potential represented therein. I understand I may not use my own income as an indication of others' potential success, or use compensation checks as marketing materials. I further understand that I may only disclose my INFINii income to recruit a potential Partner(s) after I have given a copy of the Income Disclosure Statement to the potential Partner(s).
G. I will abide by all of INFINii's Policies & Procedures now and as they may be amended in the future.
1.2 - Policies Incorporated into Partner 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 Partner Agreement (hereafter "Partner Agreement"). Throughout these Policies, when the term "Agreement" is used, it collectively refers to the INFINii Partner Agreement, these Policies, and the INFINii Compensation Plan. These documents are incorporated by reference into the Partner Agreement (all in their current form and as amended by INFINii). It is the responsibility of each Partner to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Partner, it is the responsibility of the sponsoring Partner to provide the most current version of these Policies and Procedures prior to his or her execution of the Partner Agreement.
1.3 - Changes to the Partner Agreement, Policies and Procedures, or Compensation Plan
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 a Partner's INFINii business or a Partner's acceptance of bonuses or 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 Partner 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.
SECTION 2 - BECOMING A PARTNER
2.1 - Requirements to Become a Partner
To become an INFINii Partner, each applicant must:
A. Be of the age of majority in his or her state of residence;
B. Reside in the United States or other countries, which have been officially opened by INFINii;
C. Have a valid Social Security Number or Federal Tax Identification Number;
D. Submit a properly completed and signed Partner Agreement to INFINii via electronically or fax.
2.2-Terms and Renewal of an INFINii Business
A Partner must renew their Partner status monthly by submitting a monthly fee in accordance with the three INFINii offered Platforms. This payment is due on the same day as prescribed by INFINii of every month. If the Partner allows his or her business to expire due to nonpayment of the renewal fee, the Partner will lose any and all rights to his or her downline organization unless the Partner re-activates within sixty (60) days following the expiration of the agreement.
If the former Partner re-activates within the sixty (60) day time limit, the Partner will resume the rank and position held immediately prior to the expiration of the Partner agreement. However, such Partner's paid as level will not be restored unless he or she qualifies at that payout level in the new month. The Partner is not eligible to receive commissions for the time period that the Partner's business was expired.
Any Partner whose agreement has expired and lapsed the sixty (60) day grace period is not eligible to reapply for an INFINii business for twelve (12) months following the expiration of the Partner agreement.
Any Partner terminated by INFINii may not reapply to do business for twelve (12) months from their termination date.
The downline of the expired Partner will roll up to the immediate, active upline sponsor.
SECTION 3 - INCOME DISCLOSURE POLICY
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 Partners earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Partners.
A copy of the IDS must be presented to a prospective Partner (someone who is not a party to a current INFINii Partner Agreement) anytime the Compensation Plan 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 Partner earned over a million dollars last year" or "Our average ranking Partner makes five thousand per month." An example of a "statement of earnings ranges" is "The monthly income for our higher ranking Partners 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 Compensation Plan is discussed or any type of income claim is made, you must provide every prospective Partner 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.
SECTION 4 - ADVERTISING
4.1 - Adherence to the INFINii Compensation Plan
Partners must adhere to the terms of the INFINii Compensation Plan as set forth in Official INFINii Materials. Partners shall not offer the INFINii opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official INFINii Materials. Partners shall not require or encourage other current or prospective customers or Partners to participate in INFINii in any manner that varies from the program as set forth in Official INFINii Materials. Partners shall not require or encourage other current or prospective customers or Partners to execute any agreement or contract other than official INFINii agreements and contracts in order to become an INFINii Partner. Similarly, Partners shall not require or encourage other current or prospective customers or Partners to make any purchase from, or payment to, any individual or other entity to participate in the INFINii Compensation Plan other than those purchases or payments identified as recommended or required in Official INFINii Materials.
4.2 - Use of Sales Aids
To promote both the services and the opportunity INFINii offers, Partners must use the sales aids and support materials produced by INFINii. If INFINii Partners develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Partners' 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 opportunity for all Partners. Accordingly, Partners 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 Partner receives specific written approval to use the material, the request shall be deemed denied. All Partners shall safeguard and promote the good reputation of INFINii and its services. The marketing and promotion of INFINii, the INFINii opportunity, the Compensation Plan, and INFINii services 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 Partners, without prior written authorization from INFINii. Furthermore, no Partner may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Partner without prior written consent from the named Partner. 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 Partners 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 Partner Website. 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 business opportunity.
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 business opportunity and for prospecting and sponsoring. 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 Independent Partner 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 Partners 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 Partner Image Mandate
When using a Social Media or external website it must contain:
a.) An INFINii Partner Logo from the approved templates.
b.) Your Name and Title (example: Joan Arc, Independent Partner, INFINii.
c.) A link to your Partner Replicated website.
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 Partner site, and not a INFINii Corporate page.
4.5 - Media and Media Inquiries
Partners 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 Partners 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 Partner that promotes INFINii, the INFINii opportunity, or INFINii services, must comply with the following:
A. There must be a functioning return email address to the sender.
B. There must be a notice in the email that advises the recipient that they 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).
C. The email must include the Partner's physical mailing address.
D. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
E. The use of deceptive subject lines and/or false header information is prohibited.
F. All opt-out requests, whether received by email or regular mail, must be honored. If a Partner receives an opt-out request from a recipient of an email, the Partner must forward the opt-out request to the Company. INFINii may periodically send commercial emails on behalf of Partners. By entering into the Partner Agreement, Partner agrees that the Company may send such emails and that the Partner's physical and email addresses will be included in such emails as outlined above. Partners shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Partners may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their INFINii businesses.
SECTION 5 - OPERATING A INFINii BUSINESS.
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a "Business Entity") may apply to be a INFINii Partner by submitting a INFINii Partner Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the "Entity Documents") to INFINii. An INFINii business may change its status under the same Sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. To do so, the Partner(s) must provide the Entity Documents to INFINii. The Partner Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to INFINii.
5.1.1 - Changes to a Business Entity
Each Partner must immediately notify INFINii of any changes to the type of business entity they utilize in operating their INFINii business, and the addition or removal of business associates. An INFINii business may change its status under the same sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. The Partner Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to INFINii.
5.1.2 - Change Of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Partners, INFINii rarely allows changes in sponsorship, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Sponsor Change Request Form within a seven (7) day period from the date of enrollment, and must come from the current listed sponsor.
5.1.3 - Change Of Placement
A request for change of placement must be submitted within seven (7) days of the date of enrollment and must be requested by the current listed sponsor. A Partner can only be moved inside of the same sponsor's organization. Partners who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of INFINii.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
A Partner is fully responsible for all of his or her verbal and/or written statements made regarding INFINii services and the Compensation Plan, which are not expressly contained in Official INFINii Materials. Partners 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 Partner's unauthorized representations or actions. This provision shall survive the cancellation of the Partner Agreement.
5.2.2 -Endorsements of INFINii Services
No claims as to any services offered by INFINii may be made except those contained in Official INFINii Materials.
5.3 - Conflicts
5.3.1 - Non-Solicitations
INFINii Partners 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, Partners may not directly or indirectly recruit other INFINii Partners or Customers other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of a Partner Agreement, and for a period of one (1) calendar year thereafter, with the exception of a Partner who is personally sponsored by the former Partner, a former Partner may not recruit any INFINii Partner or Customer for another Network Marketing business.
5.3.2 - Targeting Other Direct Sellers
Should Partners engage in solicitation and/or enticement of members of another direct sales company to sell or distribute INFINii services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a Partner alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, INFINii will not pay any of Partner's defense costs or legal fees, nor will INFINii indemnify the Partner for any judgment, award, or settlement.
5.3.3- The Data Management Rule
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Partners, as well as INFINii. LOS information is information compiled by INFINii that discloses or relates to all or part of the specific arrangement of sponsorship within the INFINii business, including, without limitation, Partner lists, sponsorship trees, and all Partner information generated therefrom, in its present and future forms. The INFINii LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. INFINii is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by INFINii and its Partners. Through this Rule, Partners are granted a personal, non-exclusive, non-transferable and revocable right by INFINii to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the Partner stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of INFINii, such is necessary to protect the confidentiality or value of Proprietary Information. All Partners shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof.
5.4 -Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited. "Cross-group sponsoring" is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current customer number or Partner Agreement on file with INFINii, or who has had such an agreement within the preceding twelve (12) 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 Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a INFINii business in accordance with the "Sale, Transfer or Assignment of INFINii Business" section of these Policies and Procedures.
5.5 -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, Partners shall not represent or imply that INFINii or its Compensation Plan have been "approved," "endorsed," or otherwise sanctioned by any government agency.
All Partners are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to INFINii either on the Partner Agreement or at the company's request. Upon enrollment, the Company will provide a unique Partner Identification Number to the Partner by which they will be identified. This number will be used to place orders and track commissions and bonuses.
5.7 - 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 Partner is responsible for paying local, state and federal taxes on any income generated as a Partner. If an INFINii business is tax exempt, the Federal Tax Identification Number must be provided to INFINii. Any Partner 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.
5.8 - 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 Partner. 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.
Partners 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. A Partner may only represent that he/she is an INFINii Partner. Therefore, all correspondence and business cards relating to or in connection with a Partner's INFINii business shall contain the Partner's name followed by the term "Partner."
Paying the membership fees solely for the purpose of collecting bonuses or achieving rank is prohibited.
5.10 - Stacking
Stacking is the unauthorized manipulation of the INFINii compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Partner in an unearned manner. One example of stacking occurs when a sponsor places participants under an inactive downline participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of Partners within a downline organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the Partner's positions of all individuals found to be directly involved.
5.11 - One INFINii Business per Partner
A Partner 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, only if each subsequent family position is placed frontline to the first family member enrolled. A "family unit" is defined as spouses and dependent children living at or doing business at the same address.
5.12 - Succession
Upon the death or incapacitation of a Partner, 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 bonuses and commissions of the deceased Partner's marketing organization provided the following qualifications are met. The successor(s) must:
• Execute a Partner Agreement;
• Comply with terms and provisions of the Agreement;
• Meet all of the qualifications for the deceased Partner's rank/status;
• Provide INFINii with an "address of record" to which all bonus and commission checks will be sent. Bonus and commission checks of an INFINii business transferred pursuant to this section will be paid in a single check jointly to the successor(s).
• Form a business entity and acquire a federal Taxpayer Identification Number, if the business is bequeathed to joint successors. INFINii will issue all bonus and commission checks and one 1099 to the business entity.
5.13 - 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 Partner wishes to sell their INFINii business, the following criteria must be met:
A. Protection of the existing line of sponsorship must always be maintained so that the INFINiibusiness continues to be operated in that line of sponsorship;
B. The buyer or transferee must become a qualified INFINii Partner. If the buyer is an active INFINii Partner, they must first terminate their INFINii business and wait six calendar months before acquiring any interest in the new INFINii business;
C. Before the sale, transfer, or assignment can be finalized and approved by INFINii, any debt obligations the selling Partner has with INFINii must be satisfied; and
D. The selling Partner 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 an INFINii business.
Prior to selling an INFINii business, the selling Partner must notify INFINii's Compliance department of their intent to sell the INFINii business. No changes in line of sponsorship can result from the sale or transfer of an INFINii business. A Partner may not sell, transfer, or assign portions of their business-the position must be sold in its entirety.
5.14 - Separation of an INFINii Business
INFINii Partners 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 up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Partners and the Company in a timely fashion, INFINii will involuntarily terminate the Partner Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
A. One of the parties may, with consent of the other(s), operate the INFINii business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize INFINii to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
B. The parties may continue to operate the INFINii business jointly on a "business-as-usual" basis, whereupon all compensation paid by INFINii 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. The Company will never remove a party to a position from a Partner account without that party's written permission and signature. Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Under no circumstances will INFINii split commission and bonus checks between divorcing spouses or members of dissolving entities. INFINii will recognize only one downline organization and will issue only one commission check per INFINii business per commission cycle. Commission checks 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 Partner Agreement shall be involuntarily cancelled.
All Active Partners in good standing have the right to sponsor and enroll others into INFINii. Each prospective customer or Partner has the ultimate right to choose his or her own Sponsor. If two Partners claim to be the Sponsor of the same new Partner or customer, the Company shall regard the first application received by the Company as controlling.
SECTION 6 - RESPONSIBILITIES OF PARTNERS
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. Partners planning to move or change their email address must submit an amended Partner Agreement complete with the new information.
6.2 - Sponsoring Partner Responsibilities
6.2.1 - Initial Training
Any Partner who sponsors another Partner into INFINii must perform a bona fide assistance and training function to ensure that their downline is properly operating their INFINii business. Partners must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals whom they are sponsoring to become Partners before the applicant signs a Partner Agreement.
6.2.2 - Ongoing Training Responsibilities
Partners must monitor the Partners in their downline organizations to ensure that downline Partners do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Partner should be able to provide documented evidence to INFINii of their ongoing fulfilment of the responsibilities of a Sponsor.
6.3 - Non-Disparagement
Partners must not disparage, demean, or make negative remarks about INFINii, other INFINii Partners, INFINii's services, the Compensation plan, 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.
6.4 - Reporting Policy Violations
Partners observing a Policy violation by another Partner 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 - AUTOMATIC BILLING
7.1 - Billing
The services are automatically renewed each month with a credit or debit card maintained on file with INFINii. The Partner may make adjustments to their monthly subscription in the back office of the INFINii website.
SECTION 8 - COMMISSIONS AND REFUND POLICY
8.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, a Partner must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. A Partner will qualify to receive commissions and bonuses so long as he/she produces one personal membership sale each month or maintains a personal membership in good standing for himself/herself. A Partner is not required to maintain a personal membership but may do so if desired for purposes of this section.
8.2 - Errors or Questions
If a Partner has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Partner 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.
8.3 - 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 a Partner Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Partner or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Partners or Customers ("phantoms"); (d) purchasing INFINii services on behalf of another Partner or Customer, or under another Partner's or Customer's ID number, to qualify for commissions or bonuses; and/or (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.
8.4 - Reports
All information provided by INFINii, 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 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.
8.5 - Refund Policy
INFINii offers a seven (7) day satisfaction guarantee on all initial fees paid to the company. All subsequent fees are nonrefundable. When a refund is requested by a Partner the bonuses and commissions attributable to the refunded service will be deducted from the Partner 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 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - 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 Partner 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 Partner's INFINii business), may result, at INFINii's discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the Partner to take immediate corrective measures;
• Imposition of a fine, which may be withheld from bonus and commission checks;
• Loss of rights to one or more bonus and commission checks;
• Withholding from a Partner all or part of the Partner's bonuses and commissions during the period that INFINii is investigating any conduct allegedly contrary to the Agreement. If a Partner's business is cancelled for disciplinary reasons, the Partner will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual's Partner Agreement for one or more pay periods;
• Involuntary termination of the offender's Partner Agreement;
• Any other measure expressly allowed within any provision of the Agreement or which INFINii deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Partner's policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of INFINii.
9.2 - 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.
9.3 - 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. Partners 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.
9.4 - 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 10 - EFFECT OF CANCELLATION
10.1- Effect of Cancellation and Termination
So long as a Partner remains active and complies with the terms of the Partner Agreement and these Policies, INFINii shall pay commissions to such Partner in accordance with the Compensation Plan. A Partner's bonuses and commissions constitute the entire consideration for the Partner's efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following a Partner's non-continuation of his or her Partner Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Partner Agreement (all of these methods are collectively referred to as "Cancellation"), the former Partner shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. Partners waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following a Partner's cancellation of his or her Partner Agreement, the former Partner shall not hold him or herself out as a INFINii Partner and shall not have the right to sell products through the INFINii Platforms. A Partner whose Partner Agreement is cancelled shall receive commissions and bonuses 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 Partner's signature, printed name, address, and Partner ID Number.
A Partner may also voluntarily cancel their Partner Agreement by failing to pay the renewal fee. Partners have a sixty (60) day grace period to get back into compliance for failure to pay the Platform fee.
SECTION 11 - DEFINITIONS
AGREEMENT: The contract between the Company and each Partner; includes the Partner Agreement, the INFINii Policies and Procedures, and the INFINii Compensation Plan, 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 Partner's business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Partners can generate commissions and bonuses.
CUSTOMER: A Customer who purchases INFINii services and does not engage in building a business or selling the service.
PARTNER: An individual who purchases product, generates sales and business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by INFINii that provides critical data relating to the identities of Partners, sales information, and enrollment activity of each Partner's organization. This report contains confidential and trade secret information which is proprietary to INFINii.
ORGANIZATION: The Customers and Partners placed below a particular Partner.
OFFICIAL INFINii MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by INFINii to Partners.
PLACEMENT: Your position inside your Sponsor's organization.
RECRUIT: For purposes of INFINii's Conflict of Interest Policy, the term "Recruit" means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another INFINii Partner or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: A Partner who enrolls a Customer or another Partner into the Company, and is listed as the Sponsor on the Partner Agreement. The act of enrolling others and training them to become Partners is called "sponsoring."
UPLINE: This term refers to the Partner or Partners above a particular Partner in a sponsorship line up to the Company. It is the line of sponsors that links any particular Partner to the Company.
The INFINii Compensation Plan is an exciting opportunity that rewards you for selling products and services and for sponsoring other participants who do the same. Although the opportunity is unlimited, individual results will vary depending on commitment levels and sales skills of each participant. Since INFINii has recently launched, it lacks enough statistical data to prepare reliable income disclosures. The numbers below reflect estimates prepared by the company pending a more detailed survey to be conducted after its first year. Based on industry standards and company projections, the average annual gross income for Partners is projected to be anywhere between $500 and $2,000. There will certainly be participants who will earn less while others will earn much more. We’re excited about the INFINii Compensation Plan and we’re confident it will provide you a solid foundation to help you achieve your financial goals.
If income projections were presented to you prior to your enrollment, such projections are not necessarily representative of the income, if any, that you can or will earn through your participation in the Compensation Plan. These income projections should not be considered as guarantees or projections of your actual earnings or profits. Success with INFINii results only from hard work, dedication, and leadership.
This illustration is only for educational purposes and is not intended to serve as a guarantee of income. Success in this business requires hard work, dedication and good sales skills. The average participant in this business earns between $500 and $2,000 per year. Some earn less while some earn much more.
For example, if your aim is to generate $5,000 a month in net profits using INFINii's ecommerce platform, you would require about $40,000 to $60,000 in sales every month. This would require for you to be amongst the top 5% of ecommerce sellers in the world. INFINii fully equips you to do so via the training and tools provided. However, you are expected to apply this training, use the tools, and leverage the community resources to get your earnings to that level. While certainly possible, and many INFINii users report results much stronger than $5,000 a month, these results are derived from a strong work ethic, proper application of the training provided, and leveraging the appropriate ecommerce platforms and channels.