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POLICIES & PROCEDURES
SECTION 1 - CODE OF ETHICS
JJ Marketing Group LLC (hereafter “Marketing Mastery Group” or the “Company”) has made a commitment to provide the finest direct sales experience backed by impeccable service to its Affiliates and customers. In turn, the Company expects Marketing Mastery Group Affiliates to reflect that image in their relationships with customers and fellow Affiliates.
As a Marketing Mastery Group Affiliate you are expected to operate your business according to the highest standards of integrity and fair practice in your role as a Marketing Mastery Group Affiliate. Failure to comply with the Code of Ethics can result in your termination as a Marketing Mastery Group Affiliate. The Code of Ethics, therefore, states:
As an Independent Affiliate:
SECTION 2 - INTRODUCTION
2.1 - Policies and Compensation Plan Incorporated into Affiliate Agreement
These Policies and Procedures, in their present form and as amended at the sole discretion of Marketing Mastery Group, are incorporated into, and form an integral part of, the Marketing Mastery Group Affiliate Agreement. Throughout these Policies and Procedures, when the term “Agreement” is used, it collectively refers to the Marketing Mastery Group Affiliate Application and Agreement Form, these Policies and Procedures and the Marketing Mastery Group Compensation Plan. These documents are incorporated by reference into the Marketing Mastery Group Affiliate Agreement (all in their current form and as may be amended by Marketing Mastery Group).
2.2 - Purpose of Policies
Marketing Mastery Group is a direct sales company that markets products through Independent Affiliates. Independent Affiliates have the ability to receive commissions and bonuses by selling Marketing Mastery Group products (see Marketing Mastery Group Compensation Plan). It is important to understand that your success and the success of your fellow Affiliates depends on the integrity of those who market our services. To clearly define the relationship that exists between Affiliates and Marketing Mastery Group, and to explicitly set a standard for acceptable business conduct, Marketing Mastery Group has established the Agreement. Marketing Mastery Group Affiliates are required to comply with all of the provisions set forth in the Agreement, which Marketing Mastery Group may amend at its sole discretion from time to time, as well as with all federal, state and local laws governing their Marketing Mastery Group business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the Marketing Mastery Group corporate office.
2.3 - Changes to the Agreement
Because laws and the business environment periodically change, Marketing Mastery Group reserves the right to amend the Agreement, the products offered, the compensation plan, and the prices at the Company’s sole and absolute discretion. By signing the Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that Marketing Mastery Group elects to make. Amendments shall be effective 30 days after publication of notice of amendments in official Marketing Mastery Group materials. The Company shall provide or make available to all Affiliates a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company’s official website; (b) electronic mail (email); (c) inclusion in Company periodicals; (d) inclusion with commissions or bonus checks; or (e) special mailings. The continuation of an Affiliate’s Marketing Mastery Group business or a Affiliate’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
2.4 - Delays
Marketing Mastery Group shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, government decrees or orders, and acts of God.
2.5 - Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement.
2.6 - Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Marketing Mastery Group to exercise any right or power under the Agreement or to insist upon strict compliance by an 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 Marketing Mastery Group’s right to demand exact compliance with the Agreement. Waiver by Marketing Mastery Group can be affected only in writing by an authorized officer of the Company. Marketing Mastery Group’s waiver of any particular breach by a Affiliate shall not affect or impair Marketing Mastery Group’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Affiliate. Nor shall any delay or omission by Marketing Mastery Group to exercise any right arising from a breach affect or impair Marketing Mastery Group’s rights as to that or any subsequent breach. The existence of any claim or cause of action of an Affiliate against Marketing Mastery Group shall not constitute a defense to Marketing Mastery Group’s enforcement of any term or provision of the Agreement.
SECTION 3 - BECOMING AN AFFILIATE
3.1 - Requirements to Become an Affiliate
To become a Marketing Mastery Group Affiliate, each applicant must:
3.1.1 - Be at least 18 years of age;
3.1.2 - Reside in the 50 United States or other jurisdictions officially opened by the Company;
3.1.3 - Have a valid Social Security or Tax ID number;
3.1.4 - Submit an accepted Marketing Mastery Group Affiliate Application and Agreement;
The Company reserves the right to reject any applications for a new Affiliate or applications for renewal. No product purchase is required to become a new Affiliate. However, Affiliates will be required to purchase an at-cost Affiliate kit.
3.2 - Affiliate Benefits
Once the Affiliate Application and Agreement have been accepted by Marketing Mastery Group, the following benefits are available to the new Affiliate:
SECTION 4 - OPERATING A Marketing Mastery Group BUSINESS
4.1 - Adherence to the Marketing Mastery Group Compensation Plan
Affiliates must adhere to the terms of the Marketing Mastery Group Compensation Plan as set forth in official Marketing Mastery Group literature.
Affiliates shall not offer the Marketing Mastery Group opportunity through, or in combination with, any other system, program or method of marketing other than that specifically set forth in official Marketing Mastery Group literature. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in Marketing Mastery Group in any manner that varies from the program as set forth in official Marketing Mastery Group literature. Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official Marketing Mastery Group agreements and contracts in order to become a Marketing Mastery Group 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 Marketing Mastery Group Compensation Plan other than those purchases or payments identified as recommended or required in official Marketing Mastery Group literature.
4.2 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes:
(a) the enrollment of individuals without their knowledge and agreement and/or without execution of a Affiliate Application;
(b) the fraudulent enrollment of an individual as an Affiliate;
(c) the enrollment or attempted enrollment of non-existent individuals as Affiliates;
(d) the use of a credit card by or on behalf of an Affiliate or customer when the Affiliate or customer is not the account holder of such credit card;
(e) purchasing Marketing Mastery Group products on behalf of another Affiliate, or under another Affiliate’s ID number, to qualify for commissions or bonuses.
4.3 - Business Entities
A Partnership, LLC or Corporation may hold an Affiliate business upon completion of the Affiliate Application form, and providing on that form in the appropriate space, a Federal tax ID number. However, an individual may not participate in or have any beneficial interest in more than one (1) Affiliate business of any kind. The person signing the application on behalf of a business entity must have the authority of said entity for entering into the transaction. In addition, by signing for as a business entity, you certify that no person with an interest of debt or equity in the business has had an interest in an Affiliate business with Marketing Mastery Group within six (6) months of the date of signature.
4.4 - Changes to a Marketing Mastery Group Business
4.4.1 - General
Each Affiliate must immediately notify Marketing Mastery Group of all changes to the information contained in his or her Affiliate Application and Agreement. Affiliates may modify their existing Affiliate Agreement Form by submitting a written request and appropriate supporting documentation.
4.4.2 - Change of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Affiliates, Marketing Mastery Group does not allow changes in sponsorship for active Affiliates. Maintaining the integrity of sponsorship is critical for the success of every Affiliate and marketing organization. Accordingly, the transfer of a Marketing Mastery Group business from one sponsor to another is not permitted.
Exception - A request for a change in sponsor, due to Marketing Mastery Group error, will be accepted within 30 days of the submission of the new Affiliate application.
4.5 - Unauthorized Claims and Actions
4.5.1 - Indemnification
A Marketing Mastery Group Affiliate is fully responsible for all of his or her verbal and written statements made regarding Marketing Mastery Group products, services, and the Compensation Plan that are not expressly contained in official Marketing Mastery Group materials. Affiliates agree to indemnify Marketing Mastery Group and Marketing Mastery Group’s directors, officers, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Marketing Mastery Group as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.
4.5.2 - Income Claims and Marketing
In their enthusiasm to enroll prospective Affiliates, some Affiliates are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Affiliates may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.
Moreover, the Federal Trade Commission and the States have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Affiliates may believe it is beneficial to provide copies of checks, or to disclose their earnings or others, such approaches have legal consequences that can negatively impact Marketing Mastery Group as well as the Affiliate making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Affiliates do not have the data necessary to comply with the legal requirements for making income claims, a Affiliate may NOT make income projections, income claims or disclose his or her Marketing Mastery Group income (including the showing of checks, copies of checks, bank statements or tax records).
When promoting the products and the tremendous opportunity Marketing Mastery Group offers, Affiliates must use only the sales tools and support materials produced by Marketing Mastery Group. The Company has carefully designed its products, product labels, Compensation Plan and promotional materials to ensure that they are promoted in a fair, truthful manner; that they are substantiated and the material complies with the legal requirements of federal and state laws. Accordingly, Affiliates must who produce their own literature, advertisements, sales tools, promotional materials, Internet Web pages, blogs, and/or social media pages must submit them to the company for approval.
4.5.3 – Claims of Illegal Use
When promoting Marketing Mastery Group products, Affiliates shall not make any verbal or written statement regarding the use—or potential use—of Marketing Mastery Group products for any illegal purpose. This includes, but is not limited to, statements regarding knowledge of the illegal use of Marketing Mastery Group products by the Affiliate or any third party, the compatibility of Marketing Mastery Group products with any other product known to be used for illegal purposes, or the potential compatibility of Marketing Mastery Group products with any other product known or unknown that would facilitate any practice prohibited by law. Affiliates agree to indemnify Marketing Mastery Group and Marketing Mastery Group’s directors, officers, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Marketing Mastery Group as a result of any such statements made by the Affiliate.
4.6 - Conduct at Marketing Mastery Group Corporate Events
4.6.1 - No Selling or Recruiting at Marketing Mastery Group Events
Selling and recruiting at official Marketing Mastery Group corporate events is not permitted. These activities take away from the primary focus of the event, and can negatively reflect on the professional image of Marketing Mastery Group as a company. You may, however, offer a business card and/or catalog.
4.6.2 - No Selling or Recruiting for Other Companies at Marketing Mastery Group Events
Marketing Mastery Group Affiliates shall not sell any products or recruit for any business during Marketing Mastery Group events. This restriction most specifically applies to sales and recruitment efforts for any other direct sales or marketing program, regardless of the product category, including those that do not compete with Marketing Mastery Group’s product line.
4.7 - Conflicts of Interest
4.7.1 - Competition Policy
Marketing Mastery Group Affiliates are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”), with the exception of those products in the same generic category as Marketing Mastery Group products. Affiliates may not display Marketing Mastery Group products with any other products or services in a fashion that might in any way confuse or mislead a prospective customer or Affiliate into believing there is a relationship between the Marketing Mastery Group and non-Marketing Mastery Group products or services.
4.7.2 – Non-solicitation
During the term of this Agreement, Affiliates may not recruit other Marketing Mastery Group Affiliates or customers for any other network marketing business. Following the cancellation of this Agreement for any reason, and for a period of one year thereafter, a former Affiliate may not recruit any Marketing Mastery Group Affiliate or customer for another network marketing business, with the exception of an Affiliate who is personally sponsored by the former Affiliate. The Affiliates and Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States, and business is commonly conducted via the Internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, the Affiliates and Company agree that this non-solicitation provision shall apply to all markets in which Marketing Mastery Group conducts business.
The term “recruit” means actual or attempted solicitation, enrollment, encouragement or effort to influence in any other way, either directly or through a third party, another Marketing Mastery Group Affiliate or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
4.8 - Cross-Sponsoring
Actual or attempted cross-sponsoring is strictly prohibited. “Cross-sponsoring” is defined as the enrollment of an individual or entity that is already a current Customer or Affiliate of Marketing Mastery Group, or who has had such an agreement within the preceding 6 calendar months, within a different line of sponsorship. The use of a spouse or relative’s name, a straw man, trade names, assumed names or fictitious ID numbers to circumvent this policy is prohibited. Affiliates shall not demean, discredit or defame other Marketing Mastery Group Affiliates in an attempt to entice another Affiliate to become part of the first Affiliate’s marketing organization. If a prohibited organization transfer occurs, Marketing Mastery Group shall take disciplinary action against the Affiliate(s) who engaged, acquiesced and/or knowingly participated in the improper cross-sponsoring. However, it shall be entirely within Marketing Mastery Group’s discretion where in the genealogical structure, the cross-sponsored organization in question shall be placed or otherwise distributed.
Because equities often exist in favor of both Upline organizations, AFFILIATES WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST THE COMPANY FOR ITS DECISION REGARDING THE FINAL DISPOSITION OR PLACEMENT OF THE CROSSSPONSORED ORGANIZATION. “Upline” shall mean the organization of Independent Affiliates enrolled and placed above any Independent Affiliate.
4.9 - Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, or charges, the Affiliate must notify the Marketing Mastery Group Affiliate Support Department at support@MarketingMasteryGroup.com, in writing, within 15 days of the date of the purported error or incident in question. Marketing Mastery Group will not be responsible for any errors, omissions or problems not reported to the Company within 15 days.
4.10 – Sales Aids Use
Absolutely no use of the Marketing Mastery Group name may be used on marketing materials, including any social media such as Facebook or Instagram. To ensure that Affiliates are not encumbered with Company Sales Aids, such Sales Aids may be returned to Marketing Mastery Group upon the Affiliate’s cancellation pursuant to the terms of Section 8.2.
4.11 - Governmental Approval or Endorsement
No federal or state regulatory agencies or officials approve or endorse any direct selling program. Therefore, Affiliates shall not represent or imply that Marketing Mastery Group or its Compensation Plan have been “approved,” “endorsed” or otherwise sanctioned by any government agency.
4.12 - Holding Applications or Enrollments
Affiliates must not manipulate enrollments of new Affiliates or customer orders. All Affiliate Applications and Agreements must be sent within 72 hours from the time they are signed by a Affiliate.
4.13 - Identification
All Affiliates are required to provide their Social Security Number or Federal Tax Identification Number to Marketing Mastery Group on the Affiliate Application and Agreement.
Upon enrollment, the Company will provide a unique Affiliate Identification Number to the Affiliate by which he or she will be identified. This number will be used to place orders and track commissions and bonuses.
4.14 - Income Taxes
Each Affiliate is responsible for paying local, state and federal taxes on any income generated as an Affiliate. Every year, Marketing Mastery Group will provide IRS Form 1099 (non-employee compensation) earnings statement to each U.S. resident who had earnings of over $600 in the previous calendar year.
4.15 - Independent Contractor Status
Affiliates are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between Marketing Mastery Group and its Affiliates does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Affiliate. Affiliates shall not be treated as an employee for his or her services or for federal or state tax purposes. All Affiliates are responsible for paying local, state and federal taxes due from all compensation earned as an Affiliate of the Company. The Affiliate has no authority (expressed or implied) to bind the Company to any obligation. Each Affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Affiliate Agreement Form, and these Policies and Procedures, and applicable laws.
The name of Marketing Mastery Group and other names as may be adopted by Marketing Mastery Group are proprietary trade names, trademarks and service marks of Marketing Mastery Group. As such, these marks are of great value to Marketing Mastery Group and are supplied to Affiliates for their use only in an expressly authorized manner. Use of the Marketing Mastery Group name on any item not produced by the Company is prohibited except as follows:
Independent Marketing Mastery Group Affiliate
All Affiliates may list themselves as an “Independent Marketing Mastery Group Affiliate” in the residential telephone directory (“white pages”) under their own name. Affiliates may not place telephone directory display ads in the classified directory (“Yellow Pages”) using Marketing Mastery Group’s name or logo.
Affiliates may not answer the telephone by saying “Marketing Mastery Group” or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of the Company.