SECTION 1 – INTRODUCTION
SECTION 1 – 1 – Policies and Compensation Plan Incorporated into Affiliate Agreement
These Policies and Procedures, in their present form and as amended by Game Loot, LLC DBA Game Loot Network (hereafter “Game Loot Network” or the “Company”), are incorporated into, and form an integral part of, the Game Loot Network Affiliate Agreement. It is the responsibility of each Affiliate to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Game Loot Network Affiliate Agreement, these Policies and Procedures, and the Game Loot Network Compensation Plan. These documents are incorporated by reference into the Game Loot Network Affiliate Agreement (all in their current form and as amended from time to time by Game Loot Network).
SECTION 1 – 2 – Changes to the Agreement
Game Loot Network reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By entering into the Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that Game Loot Network elects to make. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) posting in Affiliates’ back-offices; (4) inclusion in Company periodicals; or (5) special mailings. The continuation of an Affiliate’s Game Loot Network business, the acceptance of any benefits under the Agreement, or an Affiliate’s acceptance of commissions from the sale of Game Loot Network products or services constitutes acceptance of all amendments.
Section 1 – 3 Delays
Game Loot Network shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.
SECTION 1 – 3 – 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. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
SECTION 1 – 4 – 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 Game Loot Network 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 Game Loot Network’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an Affiliate against Game Loot Network shall not constitute a defense to Game Loot Network’s enforcement of any term or provision of the Agreement.
SECTION 2 – BECOMING AN AFFILIATE
SECTION 2 – 1 – Requirements to Become an Affiliate
To become an Game Loot Network Affiliate, each applicant must:
Be at least 18 years of age;
Reside in the United States, a U.S. Territory, or any country that Game Loot Network has officially announced is open for business;
Provide Game Loot Network with his or her valid Social Security or Federal Tax ID number if located in the United States;
Submit a properly completed Affiliate Agreement to Game Loot Network;
Establish multiple methods of payment including a merchant account for the acceptance of credit and debit cards for the purchase of Game Loot Network services by customers and the payment of commissions to the Affiliate; and
Personally sponsored the sale of one or more Game Loot Network Fun Packs to an end consumer customer.
Until such time as each of the above takes place, and Game Loot Network has accepted the Affiliate Agreement, an applicant is not an Affiliate. Nonetheless, such an applicant remains bound by the terms and conditions of the Agreement and agrees to abide by them.
Game Loot Network reserves the right to accept or reject any Affiliate Agreement for any reason or no reason.
SECTION 2 – 2 – No Product or Service Purchase Required
No person is required to purchase Game Loot Network services or sales aids to become an Affiliate.
SECTION 2 – 3 – Affiliate Benefits
Once an Affiliate Agreement has been accepted by Game Loot Network, and the requirements of Section 2.1 have been satisfied, the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to:
Promote the Game Loot Network Fun Packs;
Participate in the Game Loot Network Compensation Plan (receive commissions from the sale of Game Loot Network services, if eligible);
Sponsor other individuals as Affiliates into the Game Loot Network business and thereby, build a Marketing Organization and progress through the Game Loot Network Compensation Plan;
Receive periodic Game Loot Network online materials and other Game Loot Network communications;
Participate in Game Loot Network sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
Participate in promotional and incentive contests and programs sponsored by Game Loot Network for its Affiliates.
SECTION 2 – 4 – Term and Renewal of Your Independent Game Loot Network BusinessThe term of the Affiliate Agreement is month to month from the date of its acceptance by Game Loot Network (subject to prior termination or reclassification pursuant to Section 6), and shall automatically renew for successive terms unless either party notifies the other party that it does not wish to renew the Agreement.
SECTION 2 – 5 – Adherence to the Game Loot Network Compensation PlanAffiliate must adhere to the terms of the Game Loot Network Pay and Benefits Package as set forth in official Game Loot Network online materials. Affiliate shall not require or encourage other current or prospective Affiliates to participate in Game Loot Network in any manner that varies from the program as set forth in official Game Loot Network online materials.
SECTION 3 – OPERATING AN INDEPENDENT GAME LOOT NETWORK BUSINESS
SECTION 3 – 1 – Affiliate Marketing
Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official Game Loot Network agreements and contracts in order to subscribe to or purchase Game Loot Network services or to become Game Loot Network Affiliates. 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 Game Loot Network Compensation Plan other than those purchases or payments identified as recommended or required in official Game Loot Network online materials.
SECTION 3 – 2 – Advertising
SECTION 3 – 2 – 1 – General
All Affiliates shall safeguard and promote the good reputation of Game Loot Network and its products. In the marketing and promotion of Game Loot Network, the Game Loot Network opportunity, the Compensation Plan, and Game Loot Network services, Affiliates must avoid all discourteous, deceptive, misleading, unethical conduct or practices.
Affiliates may develop their own advertising and promotional materials so long as Game Loot Network properly authorizes such materials. It is the Affiliate’s obligation to ensure that his or her marketing activities are truthful and do not mislead customers or potential Affiliates in any way. No income claims or representations may be included in such materials unless a copy of the Game Loot Network Income Disclosure Statement is incorporated into the advertising or promotional material or the Internet address of the current Income Disclosure Statement is incorporated into the materials.
To promote both the Fun Packs and the opportunity Game Loot Network has to offer, Affiliates must use the sales aids and support materials produced by Game Loot Network. If Game Loot Network Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the Game Loot Network business. These violations, although they may be relatively few in number, could jeopardize the Game Loot Network opportunity for all Affiliates. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other online materials to the Company for the Company’s approval prior to use. Unless the affiliate receives specific written approval to use the material, the request shall be deemed denied. The marketing and promotion of Game Loot Network, the Game Loot Network opportunity, the Compensation Plan, and the Game Loot Network Fun Packs shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. By undertaking the Game Loot Network business, all Affiliates agree that they will not make false or misleading statements about the sales opportunity. Affiliates may not sell sales aids to other Game Loot Network Affiliates. Consequently, Affiliates who receive authorization from Game Loot Network to produce their own sales aids may not sell such material to any other Game Loot Network Affiliate. Game Loot Network further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other online materials, and Affiliates waive all claims for damages or remuneration arising from or relating to such rescission.
SECTION 3 – 2 – 2 – Trademarks and Copyrights
The name of “Game Loot Network”, “Game Loot”, “powered by fun” and other names as may be adopted by Game Loot Network are proprietary trade names, trademarks and service marks of Game Loot Network (collectively “marks”). As such, these marks are of great value to Game Loot Network and are supplied to Affiliates for their use only in an expressly authorized manner. Game Loot Network will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including Game Loot Network Affiliates, in any unauthorized manner.
Affiliates may not use or attempt to register any of Game Loot Network’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name, e-mail address, or online alias. Additionally, an Affiliate 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 Game Loot Network.
For example, an Affiliate may not secure the domain name www.buyGame Lootnetwork.com, nor may an Affiliate create an email address such as Game LootNetworksales@hotmail.com. Additionally, an Affiliate may only use the phrase Independent Game Loot Network Affiliate in telephone greetings or on an answering machine to clearly separate the Affiliate’s independent Game Loot Network business from Game Loot Network.
The content of all Company sponsored events is copyrighted material. Affiliates may not produce for sale or distribution any recorded Company events, presentations or speeches. Nor may Affiliates reproduce for sale or for personal use any recording of Company produced audio or videotape presentations.
As an independent Affiliate, you may use the Game Loot Network name in the following manner:
Independent Game Loot Network Affiliate
Independent Game Loot Network Affiliate
SECTION 3 – 2 – 3 – Media and Media Inquiries
Affiliates must not attempt to respond to media inquiries regarding Game Loot Network, its products or services, or their independent Game Loot Network business. All inquiries by any type of media must be immediately referred to legal@GameLootnetwork.com. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
SECTION 3 – 2 – 4 – Unsolicited Email
Game Loot Network does not permit Affiliates to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by an Affiliate that promotes Game Loot Network, the Game Loot Network opportunity, or Game Loot Network services must comply with the following:
There must be a functioning return email address to the sender.
There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
The use of deceptive subject lines and/or false header information is prohibited.
All opt-out requests, whether received by email or regular mail, must be honored. If an Affiliate receives an opt-out request from a recipient of an email, the Affiliate must forward the opt-out request to the Company.
Game Loot Network may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, an Affiliate agrees that the Company may send such emails and that the Affiliate’s physical and email addresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated as a result of such emails sent by the Company.
SECTION 3 – 2 – 5 – Unsolicited Faxes
Except as provided in this section, Affiliates may not use or transmit unsolicited faxes in connection with their Game Loot Network businesses. The term “unsolicited faxes” means the transmission via telephone facsimile or computer of any material or information advertising or promoting Game Loot Network, its products, its compensation plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax:
(a) to any person with that person’s prior express invitation or permission; or
(b) to any person with whom the Affiliate has an established business or personal relationship.
The term “established business or personal relationship” means a prior or existing relationship formed by a voluntary two way communication between an Affiliate and a person, on the basis of:
(a) an inquiry, application, purchase or transaction by the person regarding products offered by such Affiliate; or
(b) a personal or familial relationship, which relationship has not been previously terminated by either party.
SECTION 3 – 2 – 6 – Telephone Directory Listings
Affiliates may list themselves as an “Independent Game Loot Network Affiliate” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No Affiliate may place telephone or online directory display ads using Game Loot Network’s name or logo. Affiliates may not answer the telephone by saying “Game Loot Network”, “Game Loot Network Incorporated”, “Game Loot Network, LLC”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Game Loot Network. If an Affiliate wishes to post his or her name in a telephone or online directory, it must be listed in the following format:
Independent Game Loot Network Affiliate
SECTION 3 – 2 – 7 – Television and Radio Advertising
Affiliates may not advertise on television or radio except with Game Loot Network’s express written approval.
SECTION 3 – 3 – Online Conduct
If an Affiliate desires to utilize an Internet web page to promote his or her business, he or she may do so through the www.GameLootnetwork.com replicated web site. Alternatively, Affiliates may develop their own web pages, however, any Affiliate who does so:
(a) must use the text of the company’s official web site;
(b) may not supplement the content of his or her web site with text from any source other than the company; and
(c) may not promote or sell any non-Game Loot Network products or opportunity.
The use of any other web site or web page (including without limitation auction sites such as eBay) to promote Game Loot Network products or the Game Loot Network opportunity is prohibited and constitutes a material breach of these Policies and Procedures.
SECTION 3 – 3 – 1 – Affiliate Web Sites
Affiliates may create their own websites to promote the Game Loot Network opportunity and the Company’s platform, so long as the website and its content comply with the terms of the Agreement. It is the Affiliate’s obligation to ensure that his or her online marketing activities are truthful and accurate, are not deceptive and do not mislead customers or potential Affiliates in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will result in disciplinary action. Misleading tactics include, but are not limited to, spam linking (or blog spam), unethical search engine optimization (“SEO”) tactics, misleading click-through ads (i.e. having the display URL of a Pay-Per-Click (“PPC”) campaign appear to be directed to an official Game Loot Network Corporate Site when it in fact goes elsewhere), deceptive or misleading banner ads and deceptive or misleading press releases. Game Loot Network will be the sole determinant of accuracy and truthfulness and whether or not specific activities are misleading or deceptive.
If there are any income claims or representations contained within an Affiliate’s website, there must be a link to the Game Loot Network Income Disclosure Statement immediately adjacent to any such claim or representation.
SECTION 3 – 3 – 2 – Affiliate Website Content
Affiliates are solely responsible and liable for the content, messaging, claims, and information included in their websites and must ensure that it appropriately represents and enhances the Game Loot Network brand and adheres to the terms of the Agreement. Additionally, such websites must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at Game Loot Network’s sole discretion. The content of any website that promotes the Game Loot Network opportunity or Game Loot Network’s platform must be suitable for viewing by all persons and age groups. Such websites may not contain any material that:
Is sexually explicit, obscene, or pornographic;
Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
Is graphically violent, including any violent video game images;
Is solicitous of any unlawful behavior;
Engages in personal attacks on any individual, group or entity; or
Is in violation of any intellectual property rights of the Company or any third party.
SECTION 3 – 3 – 3 – Independent Affiliate Disclosure
To avoid confusion, each page of an Affiliate’s website must prominently disclose that the website is owned and operated by an Independent Game Loot Network Affiliate and not by the Company. To avoid confusion the following two elements must be prominently displayed at the top of every page of an independent Game Loot Network website developed by an Affiliate:
The Game Loot Network independent affiliate logo
The Affiliate’s name and title (i.e., Alice Smith, Independent Game Loot Network Affiliate)
Although Game Loot Network brand themes and images are desirable for consistency, anyone landing on any page of an Affiliate’s website must clearly understand that they are at an Independent Affiliate site, and not a Game Loot Network Corporate page.
SECTION 3 – 3 – 4 – Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should an Affiliate utilize any form of social media, including but not limited to: Facebook, Twitter, LinkedIn, YouTube, or Pinterest, the Affiliate agrees to each of the following:
No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to the Affiliate’s replicated Game Loot Network website.
Any social media site that is directly or indirectly operated or controlled by an Affiliate that is used to discuss or promote Game Loot Network’s products or the Game Loot Network opportunity may not link to any website, social media site, or site of any other nature, other than the Game Loot Network website.
Social Media may be used by Affiliates to share information about the Game Loot Network business opportunity and Game Loot Network services, provided such information complies with the terms of the Agreement. Profiles an Affiliate generates in any social community where Game Loot Network is discussed or mentioned must clearly identify the Affiliate as an Independent Game Loot Network Affiliate and not as an employee, agent, or corporate representative of the Company. Affiliates may not upload, submit or publish any content to (including but not limited to) Facebook, YouTube, Twitter or Pinterest any video, audio, presentations or any computer files received from Game Loot Network or captured at official Game Loot Network events or in buildings owned or operated by Game Loot Network. No income claims or representations may be made when participating in a social networking site unless a link to the Company’s current Income Disclosure Statement is provided.
Affiliates may not use online classifieds (including Craigslist) to list, sell, or retail specific Game Loot Network products. Affiliates may not use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the Game Loot Network business opportunity.
Game Loot Network’s products may not be listed on eBay or any other online auction sites. Nor may Affiliate’s enlist or knowingly allow a third party to sell products on eBay or any other online auction sites.
SECTION 3 – 4 – Change of Sponsor
An Affiliate may only have one sponsor. Game Loot Network prohibits changes of sponsorship to uphold the integrity of the Commission Structure and downline.
SECTION 3 – 4 – 1 – Cancellation and Re-application
An Affiliate may only change his or her Sponsor by voluntarily canceling his or her Affiliate Agreement and remaining inactive (i.e., no promotion or sponsor of sales of Game Loot Network products or services, no sponsoring, no attendance at any Game Loot Network functions, no participation in any other form of Affiliate activity, no operation of any other Game Loot Network business, and no income from the Game Loot Network business) for six (6) full calendar months. Following the six-month period of inactivity, the former Affiliate may reapply under a new Sponsor. In that event, the former Affiliate’s Marketing Organization will remain in the original line of sponsorship and the former Affiliate will start back as a new Affiliate with no downline.
SECTION 3 – 5 – Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an Affiliate, Game Loot Network reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, AFFILIATES WAIVE ANY AND ALL CLAIMS AGAINST GAME LOOT NETWORK, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS THAT RELATE TO OR ARISE FROM GAME LOOT NETWORK’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
SECTION 3 – 6 – Unauthorized Claims and Actions
SECTION 3 – 6 – 1 – Indemnification
An Affiliate is fully responsible for all of his or her verbal and written statements made regarding Game Loot Network services and the Compensation Plan, which are not expressly contained, in official Game Loot Network materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. Affiliates agree to indemnify Game Loot Network and Game Loot Network’s directors, officers, managers, members, employees, representatives and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Game Loot Network as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.
SECTION 3 – 6 – 2 – Income Claims
An Affiliate, when presenting or discussing the Game Loot Network opportunity or Compensation Plan to a prospective Affiliate, may not make income projections, income claims, or disclose his or her Game Loot Network income (including the showing of checks, copies of checks, bank statements, or tax records) at any time.
SECTION 3 – 6 – 3 – Opportunity Claims
When presenting or discussing the Game Loot Network opportunity or the Game Loot Network Compensation Plan, you must make it clear to prospects that financial success with Game Loot Network requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
It’s a turnkey system
Get all in
The system will do the work for you
Just get in and your downline will build through spillover
Just join and I’ll build your downline for you
The company does all the work for you
You don’t have to sell anything
All you have to do is buy your products every month
The above are just some examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as a Game Loot Network Affiliate without commitment, effort, and sales skill.
SECTION 3 – 6 – 4 – Tradeshows, Exhibitions and other Sales Forums
Affiliates may display and/or sell Game Loot Network products or services at trade shows and professional expositions, provided the Affiliate adheres to, among the other provisions herein, the provisions of Section 3.2.2.
SECTION 3 – 7 – Conflicts of Interest
SECTION 3 – 7 – 1 – Non solicitation
Game Loot Network Affiliates are free to participate in other affiliate, multilevel or network marketing business ventures or marketing opportunities. However, such Affiliates agree that they shall not, during the term of this Agreement and following its termination, use Game Loot Network’s confidential or trade secret information to solicit or recruit any person or entity to participate in any such venture. Nor shall an Affiliate use any such confidential and proprietary trade secret information in any way in association with such Affiliate’s participation in any other affiliate, multilevel or network marketing venture.
SECTION 3.7.2 Affiliate Participation in Other Programs
If an Affiliate is engaged in other non-Game Loot Network programs, it is the responsibility of the Affiliate’s to ensure that his or her Game Loot Network business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
Affiliates shall not display Game Loot Network promotional materials, sales aids, products or services with or in the same location as any non-Game Loot Network promotional materials, sales aids, products or services.
Affiliates shall not offer the Game Loot Network opportunity, products or services to prospective or existing Customers or Affiliates in conjunction with any non-Game Loot Network program, opportunity, product or service.
Affiliates may not offer any non-Game Loot Network opportunity, products or services at any Game Loot Network related meeting, seminar, convention, webinar, teleconference, or other function.
SECTION 3 – 7 – 2 – Confidential Information
“Confidential Information” includes, but is not limited to, customer and Affiliate lists, the identities of Game Loot Network customers and Affiliates, contact information of Game Loot Network customers and Affiliates, and Affiliates’ personal and downline sales information. Confidential Information is, or may be, available to Affiliates in their respective back-offices. Affiliate access to such Confidential Information is password protected, is confidential, and constitutes proprietary information and business trade secrets belonging to Game Loot Network. Such Confidential Information is provided to Affiliates in strictest confidence and is made available to Affiliates for the sole purpose of assisting Affiliates in working with their respective Marketing Organizations in the development of their Game Loot Network business. Affiliates may not use any Confidential Information for any purpose other than for developing their independent Game Loot Network businesses. When an Affiliate participates in other direct selling or multilevel marketing ventures, the Affiliate may not have access to certain Confidential Information, including, but not limited to, customer or Affiliate lists. Affiliates should use the Confidential Information to assist, motivate, and train their downline Affiliates, and for no other purpose. In so doing, an Affiliate may not disclose the Confidential Information to any third party, including, without limitation, his or her downline Affiliates. The Affiliate and Game Loot Network agree that, but for this agreement of confidentiality and nondisclosure, Game Loot Network would not provide Confidential Information to the Affiliate.
To protect the Confidential Information, an Affiliate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
Directly or indirectly disclose any Confidential Information to any third party;
Directly or indirectly disclose the password or other access code to his or her back-office;
Use any Confidential Information to compete with Game Loot Network or for any purpose other than promoting his or her Game Loot Network business;
Recruit or solicit any Affiliate or customer of Game Loot Network listed on any report or in the Affiliate’s back-office, or in any manner attempt to influence or induce any Affiliate or customer of Game Loot Network, to alter their business relationship with Game Loot Network.
The obligation of an Affiliate to not disclose any Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether an Affiliate’s Agreement has been terminated, or whether the Affiliate is or is not otherwise affiliated with the Company.
Affiliate acknowledges that the receipt of the Confidential Information provides a benefit to them that constitutes sufficient consideration to bind them to this covenant. Improper disclosure or the threat of improper disclosure of Confidential Information may result in the Company seeking injunctive and other equitable relief.
SECTION 3 – 8 – Recruiting and Soliciting Other Direct Sellers
When recruiting or soliciting participants in other direct selling ventures to either purchase Game Loot Network services or to participate in the Game Loot Network opportunity, Affiliates must not encourage such persons to terminate or violate any term or condition of any agreements that they may have with other direct selling companies. Should an Affiliate engage in such activity, the Affiliate bears the risk of being sued by the other direct sales company. Affiliates acknowledge that Game Loot Network shall not be obligated to indemnify or pay any defense costs or legal fees, judgment, award, or settlement for any legal action, lawsuit, arbitration or mediation brought against an Affiliate alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers.
SECTION 3 – 9 – Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, downline activity reports, genealogy lists, or charges, the Affiliate must notify Game Loot Network in writing within sixty (60) days of the date of the purported error or incident in question. Game Loot Network will not be responsible for any errors, omissions or problems not reported to the Company within the allowed reporting period.
SECTION 3 – 10 – Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Affiliates shall not represent or imply that Game Loot Network or its Compensation Plan have been “approved,” “endorsed” or otherwise sanctioned by any government agency.
SECTION 3 – 11 – Income Taxes
Each Affiliate is responsible for paying local, state and federal taxes on any income generated as an Independent Affiliate. If an Affiliate’s Game Loot Network business is tax exempt, the Federal tax identification number must be provided to Game Loot Network. Every year, Game Loot Network will provide an IRS Form 1099 MISC (Nonemployee Compensation) earnings statement to each U.S. resident who had earnings of over $600 in the previous calendar year.
Game Loot Network cannot provide Affiliates with any personal tax advice. Affiliates should consult with their own tax accountant, tax attorney, or other tax professional.
SECTION 3 – 12 – Independent Contractor Status
Affiliates are independent contractors. The agreement between Game Loot Network 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. Game Loot Network is not responsible for withholding, and shall not withhold or deduct from a Representative’s bonuses and commissions, if any, FICA or taxes of any kind, unless withholding becomes legally required. The Affiliate has no authority (expressed or implied), to bind the company to any obligation. Affiliates are not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Game Loot Network. Each Affiliate shall be solely responsible for paying all expenses incurred, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses. Each Affiliate shall establish his or her own goals, hours, and methods of sales promotion, so long as he or she complies with the terms of the Affiliate Agreement, these Policies and Procedures, and applicable regulations and laws.
SECTION 3 – 13 – International Marketing
Affiliates are authorized to sponsor the sale of Game Loot Network services, and enroll Affiliates only in the countries in which Game Loot Network is authorized to conduct business, as announced in official Company online materials. In addition, no Affiliate may, in any unauthorized country:
(a) conduct sales, enrollment or training meetings;
(b) enroll or attempt to enroll potential customers or Affiliates; or
(c) conduct any other activity for the purpose of sponsoring the sale of Game Loot Network products or services, establishing a Marketing Organization, or promoting the Game Loot Network opportunity.
SECTION 3 – 14 – Bonus Buying
All forms of Bonus buying are strictly prohibited. “Bonus buying” includes:
(a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Affiliate Application and Agreement by such individuals or entities;
(b) the fraudulent enrollment of an individual or entity as a Affiliate or Customer;
(c) the enrollment or attempted enrollment of nonexistent individuals or entities as Affiliates or Customers (“phantoms”);
(d) Purchasing Game Loot merchandise on behalf of another Affiliate or customer, or under another Affiliate’s or Customer’s I.D. number, to qualify for commissions or bonuses.
Bonus buying also includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that are not driven by bona fide product or service purchases by end user consumers.
Affiliates agree that they shall not purchase Game Loot Network products or services for the sole purpose of qualifying for compensation under the Compensation Plan. Nor shall any Affiliate influence or attempt to influence any other Affiliate to do the same. SECTION 3 – 15 – Adherence to Laws and Ordinances
Affiliates shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Affiliates because of the nature of their business. However, Affiliates must obey those laws that do apply to them. If a city or county official advises an Affiliate that an ordinance applies to him or her, the Affiliate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Game Loot Network.
SECTION 3 – 16 – One Game Loot Network Business Per Affiliate
An Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Game Loot Network business. No individual may have, operate or receive compensation from more than one Game Loot Network business; however, individuals of the same Household may enter into or have an interest in more than one Game Loot Network Business. A “Household” is defined as all individuals who are living at or doing business at the same address, and who are related by blood, marriage, domestic partnership, or adoption, or who are living together as a family unit or in a family-like setting.
SECTION 3 – 17 – Actions of Household Members or Affiliated Parties
If any member of an Affiliate’s immediate household engages in any activity which, if performed by the Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and Game Loot Network may take disciplinary action pursuant to these Policies and Procedures against the Affiliate. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Game Loot Network may take disciplinary action against the Business Entity. Likewise, if an Affiliate enrolls in Game Loot Network as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
SECTION 3.17.1 Business Entities
A sole proprietorship, corporation, limited liability company, partnership or trust (collectively referred to as a “Business Entity”) may apply to be a Game Loot Network Affiliate by submitting an Affiliate Application and Agreement along with a properly completed Business Entity Registration form and a properly completed IRS Form W-9 (Request for Taxpayer Identification Number). If an Affiliate enrolls online, the Business Entity Registration Form must be submitted to Game Loot Network within thirty (30) days of the online enrollment. (If not received within the 30-day period, the Affiliate Agreement shall automatically terminate.) A Game Loot Network business may change its status under the same Enroller from an individual to a partnership, corporation or trust, or from one type of entity to another. There is a $25.00 fee for each change requested, which must be included with the written request and the completed Affiliate Application and Agreement. The Business Entity Registration form must be signed by all of the shareholders, members, partners or trustees. The Business Entity and its shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Game Loot Network, compliance with the Game Loot Network Affiliate Policies and Procedures, compliance with the Game Loot Network Affiliate Agreement, and all other obligations to Game Loot Network.
SECTION 3 – 18 – Sale, Transfer or Assignment of an Independent Game Loot Network Business
Although a Game Loot Network business is an independently operated business, the sale, transfer or assignment of a Game Loot Network business is subject to certain limitations. If an Affiliate wishes to sell his or her Game Loot Network business, the selling Affiliate must offer Game Loot Network the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. Game Loot Network shall have fifteen (15) days from the date of receipt of the written offer from the seller to exercise its right of first refusal. If Game Loot Network elects not to purchase the business, the following criteria must be met:
The selling Affiliate must submit a $1,500 transfer fee to the Company to reimburse it for its expenses associated with the transaction.
The buyer or transferee must become a qualified Game Loot Network Affiliate. If the buyer is an active Game Loot Network Affiliate, he or she must first terminate his or her Game Loot Network business and wait six (6) calendar months before acquiring any interest in a different Game Loot Network business.
Before the sale, transfer or assignment can be finalized and approved by Game Loot Network, any debt obligations the selling party has with Game Loot Network must be satisfied.
The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a Game Loot Network business.
Prior to selling an independent Game Loot Network business or Business Entity interest, the selling Affiliate must notify Game Loot Network’s Compliance Department in writing and advise of his or her intent to sell his or her Game Loot Network business or Business Entity interest. The selling Affiliate must receive written approval from Game Loot Network before proceeding with the sale. No changes in line of sponsorship can result from the sale or transfer of a Game Loot Network business.
SECTION 3.18.1 General
Each Affiliate must immediately notify Game Loot Network of all changes to the information contained on his or her Affiliate Application and Agreement. Affiliates may modify their existing Affiliate Agreement (i.e., change Social Security number to Federal I.D. number, or change the form of ownership from an individual proprietorship to a business entity owned by the Affiliate) by submitting a written request, a properly executed Affiliate Application and Agreement, and appropriate supporting documentation. Changes shall be processed only once per year. All changes must be submitted by November 30th to become effective on January 1 of the following year.
SECTION 3 – 19 – Separation of a Game Loot Network Business
Game Loot Network Affiliates sometimes operate their Game Loot Network businesses as husband-wife partnerships, regular partnerships, limited liability company (LLC), corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, LLC, partnership, trust or other Business Entity 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. During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
One of the parties may, with consent of the other(s), operate the Game Loot Network business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, members or trustees authorize Game Loot Network to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, member or trustee.
The parties may continue to operate the Game Loot Network business jointly on a “business-as-usual” basis, whereupon all compensation paid by Game Loot Network will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will the Marketing Organization of divorcing spouses or a dissolving business entity be divided. Game Loot Network will recognize only one Marketing Organization. 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 Affiliate Agreement shall be involuntarily canceled.
If a former spouse or former Business Entity partner, shareholder, or member has completely relinquished all rights in the original Game Loot Network business pursuant to a divorce or Business Entity dissolution, he or she is thereafter free to enroll under any Sponsor of his or her choosing without waiting six (6) calendar months. In such event, the former spouse or former partner, shareholder or member shall have no rights to any Affiliates in their former Marketing Organization or to any former customer. They must develop the new business in the same manner as would any other new Affiliate.
SECTION 3 – 20 – Sponsoring Online
When sponsoring a new Affiliate through the online enrollment process, the Sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the Affiliate Agreement. The Sponsor may not fill out or submit the Affiliate Agreement on behalf of the applicant.
SECTION 3 – 21 – Death or Incapacity of an Affiliate
The Affiliate Agreement is a contract for personal services. Upon the death or incapacitation of an Affiliate (as determined by Game Loot Network at its sole and absolute discretion), the Affiliate Agreement shall require the following.
To effect a testamentary transfer of a Game Loot Network business, the executor of the estate must provide the following to Game Loot Network:
(1) an original death certificate;
(2) certified letters testamentary or a letter of administration appointing an executor;
(3) written instructions from the authorized executor to Game Loot Network specifying to whom the business and income should be transferred.
To effect a transfer of a Game Loot Network business because of incapacity, the successor must provide the following to Game Loot Network:
(1) a notarized copy of an appointment as trustee;
(2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the Game Loot Network business;
(3) a completed Affiliate Agreement executed by the trustee.
SECTION 3 – 22 – Telemarketing Techniques
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although Game Loot Network does not consider Affiliates to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, Affiliates must not engage in telemarketing in the operation of their Game Loot Network businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Game Loot Network service, or to recruit them for the Game Loot Network opportunity. “Cold calls” made to prospective customers or Affiliates that promote either Game Loot Network’s products or services or the Game Loot Network opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Affiliate (a “prospect”) is permissible under the following situations:
If the Affiliate has an established business relationship with the prospect. An “established business relationship” is a relationship between an Affiliate and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the Affiliate, or a financial transaction between the prospect and the Affiliate, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect’s purchase of a product or service.
In response to a prospect’s personal inquiry or application regarding a product or service offered by the Affiliate, within the three (3) months immediately preceding the date of such a call.
If the Affiliate receives written and signed permission from the prospect authorizing the Affiliate to call. The authorization must specify the telephone number(s), which the Affiliate is authorized to call.
If the prospect is a family member, a personal friend, or an acquaintance. An “acquaintance” is someone with whom an Affiliate has at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if an Affiliate engages in “card collecting” with everyone the Affiliate meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if an Affiliate engages in calling “acquaintances,” the Affiliate must make such calls on an occasional basis only and not make this a routine marketing practice.
Affiliates shall not use automatic telephone dialing systems or software relative to the operation of their Game Loot Network businesses. Affiliates shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a “robocall”) regarding or relating to the Game Loot Network products, services or opportunity.
SECTION 3 – 23 – Back Office Access
Game Loot Network makes online back offices available to its Affiliates. Back offices provide Affiliates access to confidential and proprietary information that may be used solely and exclusively to promote the development of an Affiliate’s Game Loot Network business and to increase sales of Game Loot Network products. However, access to a back office is a privilege, and not a right. Game Loot Network reserves the right to deny Affiliates’ access to the back office at its sole discretion.
SECTION 3 – 24 – Change of Contact Information
To ensure timely delivery of products, support materials, commissions, and tax documents, it is important that Game Loot Network’s files are current..Affiliates planning to change any of their contact information or move must update their contact information via the Back Office function of the Game Loot Network website.
SECTION 3 – 25 – Continuing Development Obligations
SECTION 3 – 25 – 1 – Ongoing Training
Any Affiliate who sponsors another Affiliate into the Game Loot Network must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Game Loot Network business. Affiliates must have ongoing contact and communication with the Affiliates in their Marketing Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline Affiliates to Game Loot Network meetings, training sessions, and other functions. Upline Affiliates are also responsible to motivate and train new Affiliates in Game Loot Network product knowledge, effective sales techniques, the Game Loot Network Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of downline Affiliates must not, however, violate Sections 3.1 and/or 3.2 (regarding the development of Affiliate-produced sales aids and promotional materials). Affiliates should monitor the Affiliates in their Marketing Organizations to guard against downline Affiliates making improper product or business claims, or engaging in any illegal or inappropriate conduct.
SECTION 3 – 25 – 2 – Increased Training Responsibilities As Affiliates progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Game Loot Network program. They will be called upon to share this knowledge with lesser experienced Affiliates within their Marketing Organization.
SECTION 3 – 25 – 3 – Ongoing Sales Responsibilities Regardless of their level of achievement, Affiliates have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
SECTION 3 – 26 – Nondisparagement
Game Loot Network values constructive criticisms and comments from Affiliates. All such comments should be submitted in writing to the Legal Department (legal@GameLootnetwork.com). While Game Loot Network welcomes constructive input, negative comments and remarks made in the field by Affiliates about the Company, its products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other Game Loot Network Affiliates. For this reason, and to set the proper example for their Marketing Organizations, Affiliates must not disparage, demean, or make negative remarks about Game Loot Network, other Game Loot Network Affiliates, Game Loot Network’s products, the Compensation Plan, or Game Loot Network’s directors, officers, or employees.
SECTION 3 – 27 – Product Sales and Commissions
The Game Loot Network Compensation Plan is based on the sale of the Game Loot Network Fun Packs to end consumers. Affiliates must fulfill personal sales requirements as specified in the Game Loot Network Compensation Plan (as well as meet other responsibilities set forth in this Agreement) to be eligible to earn commissions from the sale of the Game Loot Network Fun Packs. All commissions are paid directly to eligible Affiliates through the payment processing accounts that each Affiliate must activate.
SECTION 3 – 28 – Refunds
Affiliates receive commissions based on the actual sales of the Fun Packs to end consumers. When the Company issues a refund to a customer, the Affiliate who received a commission based on the sale of the refunded product or service agrees that the Company may deduct the commission for the refund from the Affiliate’s account or, if the Affiliate does not have a sufficient amount of credit in his or her account, the Affiliate shall reimburse Game Loot Network the amount of the refunded commission.
SECTION 3 – 29 – Reports
All information provided by Game Loot Network in downline activity or downline genealogy reports, including but not limited to downline sales information 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, digital, 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; not all the information from Game Loot Network can be guaranteed as always accurate by Game Loot Network or any persons creating or transmitting the information.
ALL PERSONAL AND DOWNLINE SALES 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.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GAME LOOT NETWORK AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY AFFILIATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR DOWNLINE SALES INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF GAME LOOT NETWORK OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, GAME LOOT NETWORK OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT,NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of Game Loot Network’s online reporting services and your reliance upon such information is at your own risk. All such information is provided to you “as is”. If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Game Loot Network’s online reporting services and your reliance upon the information.
SECTION 3 – 30 – Monthly Billing
The subscriptions are automatically paid each month with a credit or debit card, bank account or eWallet balance maintained on file with Game Loot Network. Affiliates may make adjustments to their monthly subscription in the back office of the Game Loot Network website.
SECTION 4 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
SECTION 4 – 1 – Disciplinary Sanctions
Violation of any term of the Agreement or the violation of any common law duty, including but not limited to any applicable duty of loyalty, or any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Affiliate that, in the sole discretion of the Company may damage or has damaged its reputation or goodwill (such damaging act or omission need not be related to the Affiliate’s Game Loot Network business), may result, at Game Loot Network’s discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the Affiliate to take immediate corrective measures;
Suspension of the individual’s Affiliate Agreement for one or more pay periods;
Transfer or removal of some or all of an Affiliate’s downline Affiliates from the offending Affiliate’s Marketing Organization;
Involuntary termination of the offender’s Affiliate Agreement;
Suspension and/or termination of the offending Affiliate’s ability to access the Game Loot Network website Back Office; or
Any other measure expressly allowed within any provision of the Agreement or which Game Loot Network deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate’s policy violation or contractual breach.
In situations deemed appropriate by Game Loot Network, the Company may institute legal proceedings for monetary and/or equitable relief.
SECTION 4 – 2 – Grievances and Complaints
When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective Game Loot Network businesses, the complaining Affiliate should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party’s upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Affiliate Services Department at the Company. The Affiliate Services Department will review the facts and attempt to resolve it.
SECTION 4 – 3 – Mediation and Arbitration
Prior to instituting an 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. If the parties cannot agree on a mediator within fourteen (14) days from the date that a party submits a written request for mediation or within a mutually agreed to time frame, the parties shall submit to mediation pursuant to the rules established by the Judicial Arbitration and Mediation Services (“JAMS”). The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties; however, the mediator may award mediation costs to the prevailing party. Each party shall pay its own attorneys fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in a venue acceptable to the Company. If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The parties waive all rights to trial by jury or to any court. Arbitration shall be conducted according to the JAMS’ Streamlined Arbitration Rules and Procedures, including its optional appellate procedure. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, nothing in the Agreement shall prevent the Company from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect its intellectual property rights and/or to enforce its rights under the non-solicitation – non-compete provision(s) of the Agreement.
SECTION 4 – 4 – No Class Action – Jury Trials
The parties hereto acknowledge that they have waived there statutory or common law rights to a jury trial and that arbitration awards are final.
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.
SECTION 4 – 5 – Governing Law, Jurisdiction, Venue and ENTIRETY
This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law.
Exclusive venue for any litigation shall be in Dallas County, Texas and any litigation shall be brought in the State District Courts of Dallas County, Texas, or in the United States District Court for the Northern District, Dallas Division.
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.
SECTION 4 – 5 – 1 – Louisiana Residents
Notwithstanding the foregoing, and the mediation and arbitration provisions in Sections 4.3 and 4.4, residents of the State of Louisiana shall be entitled to bring an action against Game Loot Network in their home forum and pursuant to Louisiana law.
SECTION 4 – 5 – 2 – Montana Residents
A Montana resident may cancel his or her Affiliate Agreement within 15 days from the date of enrollment and receive a 100% refund for all fees paid and products or services purchased prior to the date of cancellation.
SECTION 4 – 5 – 2 – Residents of other States
State laws that may affect your jurisdictional and other rights under this Agreement are periodically enacted. Check your own state laws to determine if you are provided different rights than those stated in this Agreement.
SECTION 5 – CANCELLATION OF THE AGREEMENT AND RECLASSIFICATION
SECTION 5 – 1 – Effect of Cancellation
So long as an Affiliate remains active and complies with the terms of the Agreement, Game Loot Network shall pay commissions to such Affiliate in accordance with the Compensation Plan. An Affiliate’s commissions constitute the entire consideration for the Affiliate’s efforts in generating sales of Game Loot Network services and all activities related to generating such sales (including building a Marketing Organization). Following an Affiliate’s non-renewal of his or her Affiliate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Affiliate Agreement (all of these methods are collectively referred to as “cancellation”), the former Affiliate shall have no right, title, claim or interest to the Marketing Organization which he or she operated, or any commission from the sales generated by any Affiliate in the organization. An Affiliate whose business is cancelled will lose all rights as an Affiliate. This includes the right to sponsor the sale of the Game Loot Network Fun Packs and the right to receive future commissions, bonuses, or other income resulting from the sales sponsored by other Affiliates in the Affiliate’s former Marketing Organization. In the event of cancellation, Affiliates agree to waive all rights they may have, including but not limited to property rights, to their former Marketing Organization and to any bonuses, commissions or other remuneration derived from the sales of Game Loot Network services sponsored by any of the Affiliates in his or her former Marketing Organization.
Following an Affiliate’s cancellation of his or her Affiliate Agreement, the former Affiliate shall not hold himself or herself out as aGame Loot Network Affiliate and shall not have the right to sponsor the sale of Game Loot Network products or services. An Affiliate whose Affiliate Agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
SECTION 5 – 2 – Cancellation Due to Inactivity
SECTION 5 – 2 – 1 – Failure to Earn Commissions
If an Affiliate has not earned a commission for ninety (90) days (and thus become “inactive”), his or her Affiliate Agreement shall be canceled for inactivity.
SECTION 5 – 2 – 2 – Reclassification Following Cancellation Due to Inactivity
If an Affiliate’s Agreement is cancelled due to inactivity and he or she has an active subscription to any of the Company’s subscription-based products or services, such subscription(s) shall remain in force and the former Affiliate shall be reclassified as a customer.
SECTION 5 – 3 – Involuntary Cancellation
An Affiliate’s violation of any of the terms of the Agreement, including any amendments that may be made by Game Loot Network in its sole discretion, may result in any of the sanctions listed in Section 4.1, including the involuntary cancellation of his or her Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Affiliate’s last known address, email address, or fax number, or to his or her attorney, or when the Affiliate receives actual notice of cancellation, whichever occurs first. Game Loot Network reserves the right to terminate all Affiliate Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
SECTION 5 – 4 – Voluntary Cancellation
A participant in this affiliate marketing plan 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. The written notice must include the Affiliate’s signature, printed name, address, and Affiliate I.D. Number.
If such a former Affiliate has an active subscription to any of the Company’s subscription-based products or services, such subscription(s) shall remain in force and the former Affiliate shall be reclassified as a customer, unless the Affiliate also specifically requests that his or her subscription(s) also be canceled.
SECTION 5 – 5 – Non-renewal
An Affiliate may also voluntarily cancel his or her Affiliate Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew an Affiliate’s Agreement upon its anniversary date.
SECTION 6 – DEFINITIONS
Active Affiliate— An Affiliate is one who satisfies the minimum Business Volume requirements, as set forth in the Game Loot Network Compensation Plan to ensure that he or she is eligible to receive bonuses and commissions.
Agreement— The contract between the Company and each Affiliate includes the Affiliate Agreement, the Game Loot Network Policies and Procedures, and the Game Loot Network Compensation Plan, all in their current form and as amended by Game Loot Network in its sole discretion. These documents are collectively referred to as the “Agreement.”
Business Entity— A sole proprietorship, corporation, partnership, trust, limited liability company, or other type of entity.
Business Volume (BV)— The commissionable value of products and services sold in a calendar month: (1) by the Company to an Affiliate; and (2) by the Company to the Affiliate’s personally enrolled Customers and affiliates (who make optional product purchases).
Cancel— The termination of an Affiliate’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Customer— An individual or entity that purchases Game Loot Network products or services from an Affiliate, but who is not an Affiliate, or an immediate household family member of an Affiliate.
Marketing Organization— The Affiliates sponsored below a particular Affiliate make up such Affiliate’s Marketing Organization.
Official Game Loot Network Material— Online materials, audio or videotapes, websites, and other materials developed, printed, published and/or distributed by Game Loot Network to Affiliates.
Recruit— For purposes of Game Loot Network’s Conflict of Interest Policy (Section 3.7), the term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Game Loot Network Affiliate or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
Customer Sales— Sales to customers. (See the definition of “Customer” above).
Personal Production— Moving product to an end consumer for personal use
Social Media— Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, MySpace, Twitter, LinkedIn, Delicious, Pinterest and YouTube.
Sponsor— An Affiliate who enrolls another Affiliate into Game Loot Network, and is listed as the Sponsor on the Affiliate Agreement. The act of enrolling others and training them to become Affiliates is called “sponsoring.”
Upline— This term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Affiliate to the Company.
who we are
Game Loot Network is all about new innovations and challenging yet fun filled games and events.
Game Loot Network
9613 S. Lake Shore Drive
Lake Lotawana, MO 64096-9778
© Copyright 2016. All Rights Reserved. Game Loot, LLC DBA Game Loot Network
© Copyright 2016. All Rights Reserved.
Game Loot, LLC DBA Game Loot Network