GelMoment™

 

Policies & Procedures

Effective October 1st, 2016 

 

 

 


TABLE OF CONTENTS

SECTION 1 - INTRODUCTION.. 5

1.1 - Policies and Compensation Plan Incorporated into Distributor Agreement. 5

1.2 - Changes to the Agreement. 5

1.3 - Policies and Provisions Severable. 5

1.4 - Waiver.. 5

SECTION 2 - BECOMING A DISTRIBUTOR.. 5

2.1 - Requirements to Become a Distributor.. 5

2.2 - GelMoment Enrollment Package and Product Purchases. 6

2.3 - Distributor Benefits. 6

2.4 - Term and Renewal of Your Independent GelMoment Business. 6

SECTION 3 - OPERATING AN INDEPENDENT GELMOMENT BUSINESS. 7

3.1 - Sponsoring.. 7

3.2 - Advertising.. 7

3.2.1 - Trademarks and Copyrights. 8

3.2.2 - Media and Media Inquiries. 9

3.2.3 - Unsolicited Email 9

3.2.4 - Unsolicited Faxes. 9

3.2.5 - Telephone Directory Listings. 10

3.3 - Online Conduct. 10

3.3.1 - Distributor Web Sites. 10

3.3.2 - GelMoment Replicated Websites. 10

3.3.3 - External Website Content 11

3.3.4 - GelMoment Independent Distributor Disclosure. 11

3.3.5 - External Websites Must Exclusively Promote GelMoment 12

3.3.6 - No eCommerce or Stock-and-Sell Retailing. 12

3.3.7 - External Website Termination. 12

3.3.8 - Team Websites. 12

3.3.9 - Domain Names, email Addresses and Online Aliases. 12

3.3.10 - GelMoment Hotlinks. 12

3.3.11 - Monetizing Replicated or External Websites. 13

3.3.12 - Online Classifieds. 13

3.3.13 - eBay / Online Auctions. 13

3.3.14 - Online Retailing. 13

3.3.15 - Banner Advertising. 13

3.3.16 - Spam Linking. 13

3.3.17 - Digital Media Submission (YouTube, Facebook, Twitter, Pinterest, Instagram, etc.) 13

3.3.18 - Sponsored Links / Pay-Per-Click (PPC) Ads. 14

3.3.19 - Domain Names and Email Addresses. 14

3.4 - Social Media.. 14

3.4.1 - Distributors Are Responsible for Postings. 14

3.4.2 - Identification as a GelMoment Independent Distributor.. 15

3.4.3 - Social Media as a Sales and Promotion Forum.. 15

3.4.4 - Sales and Enrollments from Social Media Sites Are Prohibited.. 15

3.4.5 - Deceptive Postings. 15

3.4.6 - Use of Third Party Intellectual Property.. 15

3.4.7 - Respecting Privacy.. 15

3.4.8 - Professionalism.. 15

3.4.9 - Prohibited Postings. 16

3.4.10 - Responding to Negative Posts. 16

3.4.11 - Social Media Sites with Website-like Features. 16

3.4.12 - Promotion of Other Direct Selling Businesses Through Social Media.. 16

3.5 - Business Entities. 17

3.5.1 - Changes to a Business Entity. 17

3.6 - Change of Sponsor.. 17

3.6.1 - Cancellation and Re-application. 18

3.7 - Waiver of Claims. 18

3.8 - Unauthorized Claims and Actions. 18

3.8.1 - Indemnification. 18

3.8.2 - Product Claims. 18

3.8.3 - Compensation Plan Claims. 19

3.8.4 - Income Claims. 19

3.9 - Repackaging and Re-labeling Prohibited.. 19

3.10 - Commercial Outlets / Retail Stores and Service Establishments. 19

3.11 - Signage. 20

3.12 - Trade Shows, Expositions and Other Sales Forums. 20

3.13 - Conflicts of Interest. 21

3.13.1 - Nonsolicitation. 21

3.13.2 - Distributor Participation in Other Direct Selling Programs. 21

3.13.3 - Confidential Information. 22

3.14 - Targeting the Sales Force of Other Direct Sellers. 22

3.15 - Errors or Questions. 23

3.16 - Claims of Governmental Approval or Endorsement. 23

3.17 - Use of Nonpublic Information.. 23

3.18 - Income Taxes. 23

3.19 - Independent Contractor Status. 23

3.20 - Insurance. 24

3.21 - International Marketing.. 24

3.22 - Excess Inventory and Bonus Buying.. 24

3.23 - Adherence to Laws and Ordinances. 24

3.24 - One GelMoment Business Per Distributor and Per Household.. 25

3.25 - Actions of Household Members or Affiliated Parties. 25

3.26 - Requests for Records. 25

3.27 - Sale, Transfer or Assignment of an Independent GelMoment Business Prohibited.. 25

3.28 - Separation of a GelMoment Business. 26

3.29 - Sponsoring Online. 26

3.30 - Succession.. 27

3.30.1 - Transfer Upon Death of a Distributor. 27

3.30.2 - Transfer Upon Incapacitation of a Distributor. 27

3.31 - Telemarketing Techniques. 27

3.32 - Back Office Access. 28

3.33 - Change of Contact Information.. 28

3.34 - Continuing Development Obligations. 29

3.34.1 - Ongoing Training. 29

3.34.2 - Increased Training Responsibilities. 29

3.34.3 - Ongoing Sales Responsibilities. 29

3.35 - Negative Comments. 30

3.36 - Providing Documentation to Applicants. 30

SECTION 4 - SALES REQUIREMENTS. 30

4.1 - Product Sales. 30

4.2 - Product Pricing / Price Advertising.. 30

4.3 - No Territory Restrictions. 30

4.4 - Sales Receipts. 31

4.5 - Sales Taxes. 31

4.6 - Shipping Schedule. 31

SECTION 5 - PERSONAL & CONFIDENTIAL INFORMATION.. 31

5.1 - Handling Personal Information.. 31

5.2 - Give the Customer Notice. 31

5.3 - Collect Only What You Need.. 32

5.4 - Give the Customer Control. 32

5.5 - Stay up-to-date. 32

5.6 - Your Back-Office. 32

5.7 - Share Only if Necessary.. 32

5.8 - Be Careful. 32

5.9 - Dispose of Personal Information Responsibly.. 32

5.10 - Be Very Careful with Sensitive Personal Information.. 32

SECTION 6 - BONUSES AND COMMISSIONS. 33

6.1 - Bonus and Commission Qualifications. 33

6.2 - Adjustment to Bonuses and Commissions. 33

6.2.1 - Adjustments for Returned Products. 33

6.2.2 - Garnishments or Court Orders. 33

6.2.3 - Bonus and Commission Payment Fees. 33

6.3 - Reports. 34

SECTION 7 - RETURN POLICY AND INVENTORY REPURCHASE.. 36

7.1 - Order Cancellation and Return Policy. 36

7.1.1 - Order Cancellation. 36

7.1.2 -  Return Policy. 36

7.2 - Return of Merchandise by Distributors Upon Cancellation.. 37

7.2.1 - Montana Residents. 36

7.3 - Procedures for All Returns. 37

SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS. 37

8.1 - Disciplinary Measures. 37

8.2 - Grievances and Complaints. 37

8.3 - Mediation.. 37

8.4 - Arbitration.. 38

8.5 - Class Action Waiver.. 39

8.6 - Governing Law, Jurisdiction and Venue. 39

8.7 - Louisiana Residents. 39

8.8 - Damage Limitation.. 39

8.9 - Indemnification.. 39

8.10 - Liquidated Damages. 40

SECTION 9 - INACTIVITY AND CANCELLATION.. 40

9.1 - Effect of Cancellation.. 40

9.2 - Cancellation Due to Inactivity.. 41

9.2.1 - Maternity Exemption. 41

9.2.2 - Military Deployment Exemption. 41

9.3 - Involuntary Cancellation.. 41

9.4 - Voluntary Cancellation.. 41

9.5 - Non-renewal. 42

SECTION 10 - DEFINITIONS. 42

 

 

 

 

 

SECTION 1 - INTRODUCTION

 

1.1 - Policies and Compensation Plan Incorporated into Distributor Agreement

These Policies and Procedures, in their present form and as amended at the sole discretion of GelMoment Inc. (hereafter “GelMoment” or the “Company”), are incorporated into, and form an integral part of, the Distributor Agreement.  Throughout these Policies, when the term “Agreement” is used, it collectively refers to the GelMoment Independent Distributor Agreement Terms & Conditions, these Policies and Procedures, the GelMoment Compensation Plan, and the GelMoment Business Entity Addendum (applicable only to business entities that apply to become Distributors).  These documents are incorporated by reference into the GelMoment Distributor Agreement (all in their current form and as amended by GelMoment). 

 

1.2 - Changes to the Agreement

GelMoment reserves the right to amend the Agreement, enrollment packages including prices, product prices and it's compensation plan in its sole and absolute discretion.  By executing the Distributor Agreement, a Distributor agrees to abide by all amendments or modifications that GelMoment makes.  Amendments shall be effective 30 days after publication of notice and posting the amended provision(s).  Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.  Notification of amendments shall be published by email or posting in Distributors’ Back-Offices.  The continuation of a Distributor’s GelMoment business, the acceptance of any benefits under the Agreement, or a Distributor’s acceptance of bonuses or commissions constitutes acceptance of all amendments.

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.

 

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 a party to exercise any right or power under the Agreement or to insist upon strict compliance by a Distributor 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 the party’s right to demand exact compliance with the Agreement.  The existence of any claim or cause of action of one party against the other party shall not constitute a defense to a party’s right to enforce any term or provision of the Agreement.

Distributors and guests of Distributors who attend corporate events, trainings, trips etc. may be photographed. By attending any corporate event, you agree to allow your photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and/or assigns.

 

SECTION 2 - BECOMING A DISTRIBUTOR

 

2.1 - Requirements to Become a Distributor

To become a GelMoment Distributor, each applicant must:

 

 

GelMoment reserves the right to accept or reject any Distributor Application and Agreement for any reason or for no reason.

 

2.2 – GelMoment Enrollment Package and Product Purchases

Except for the purchase of GelMoment’s Enrollment Package, no person is required to purchase GelMoment products or sales aids, or to pay any charge or fee to become a Distributor.  In order to familiarize new Distributors with GelMoment products, sales techniques, sales aids, and other matters, the Company requires that they purchase an Enrollment Package. 

 

2.3 - Distributor Benefits

Once a Distributor Agreement has been accepted by GelMoment, the benefits of the Compensation Plan and the Distributor Agreement are available to the new Distributor.  These benefits include the right to:

 

 

2.4 - Term and Renewal of Your Independent GelMoment Business

The term of the Distributor Agreement is one year from the date of its acceptance by GelMoment (subject to prior termination pursuant to Section 9).  Distributors must renew their Distributor Agreement each year and pay the annual website maintenance fee and EWallet fee before the anniversary date of their Distributor Agreement in order remain active and continue receiving commissions and bonuses. Any bonus ranks received will be lost if the renewal fees are not paid in full prior to the renewal date expiration (anniversary date).  One a bonus rank is lost, it cannot be reclaimed, and this includes Pioneers and Founders. 

If the annual website maintenance fee and EWallet fee is not paid by the renewal date expiration (anniversary date) the Distributor Agreement will be canceled. Should a Distributor become inactive, the Renewal fees are non-refundable.

If a Distributor wishes to rejoin, they can do so by purchasing a new Enrollment Package.  They cannot reclaim their down-line from their previous account or rank status; they will restart at the Gel Go level. 

If a Distributor becomes inactive, any credit remaining in their account will be lost and their account will be closed.

If a Distributor paid their annual renewal fees and fail to maintain their account, the fees are non-refundable upon account closure.  

Should a Distributor's account be cancelled for any reason, they must contact EWallet to withdraw the remaining funds. As of the date the account closes, the Distributor is responsible for all fees associated with their EWallet accounts. 

 

SECTION 3 - OPERATING AN INDEPENDENT GELMOMENT BUSINESS

 

3.1 - Sponsoring

All active Distributors in good standing have the right to sponsor and enroll others into GelMoment.  Each prospective GelMoment Distributor has the ultimate right to choose his or her own Sponsor.  If two Distributors claim to be the Sponsor of the same new Distributor, the Company shall regard the first application received by it as controlling. 

 

When sponsoring another Distributor, a Distributor shall not:

 

 

3.2 - Advertising

All Distributors shall safeguard and promote the good reputation of GelMoment and its products.  The marketing and promotion of GelMoment, the GelMoment opportunity, the Compensation Plan, and GelMoment products must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

 

To promote both the products and the tremendous opportunity GelMoment offers, Distributors should use the Sales Tools produced by GelMoment or approved by GelMoment as described below.  The Company has carefully designed its products, product labels, Compensation Plan, and Sales Tools to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and that the materials comply with the legal requirements of federal, provincial, and territorial laws.

 

      Accordingly, Distributors can advertise or promote their GelMoment business using approved Sales Tools acquired through GelMoment. No approval is necessary to use these approved Sales Tools. If a Distributor wishes to design his or her own online or offline Sales Tools of any kind, the proposed designs must follow the guidelines set forth by corporate that can be found in a Distributor's back office. Distributors can submit their own materials to the GelMoment advertising department (adapproval@gelmoment.com) for verification and inclusion in the Document Library. Unless the Distributor receives specific written approval from GelMoment to use such Sales Tools, the request shall be deemed denied.  

 

      Distributors are authorized to produce their own Sales Tools that adhere to the GelMoment Guidelines but may not sell, lease, or charge a fee of any nature for such Sales Tools to any other GelMoment Distributor.  Distributors may make approved Sales Tools available to other Distributors free of charge if they wish, but may not charge other GelMoment Distributors for the Sales Tools. 

 

Approved Sales Tools will be posted in the Document Library section of Distributors’ Back-Offices and will be made available to all Distributors free of charge. The Distributor who submitted the Sales Tool to the Company waives all claims to remuneration for such use and grants GelMoment an irrevocable license to use the Sales Tools as the Company deems appropriate.

 

If the independent GelMoment business of a Distributor who has received authorization to create and post an External Website is voluntarily or involuntarily canceled for any reason, he/she shall assign the URL to his/her External Website to the Company within three days from the date of the cancellation.

  

3.2.1 - Trademarks and Copyrights

The name “GelMoment” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of GelMoment.  The Company grants Distributors a limited license to use its trademarks and trade names in promotional media for so long as the Distributor’s Agreement is in effect.  Upon termination of a Distributor’s Agreement, his or her license shall immediately expire and the Distributor shall immediately discontinue all use of the Company’s trademarks and trade names.  Under no circumstances may a Distributor use any of GelMoment’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools.   GelMoment can refuse any domain name at any time and the Distributor will have to choose a new one. 

 

GelMoment commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Distributors, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company.  Distributors may not record any Company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.  In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted.  Distributors shall not copy any such materials for their personal or business use without the Company’s prior written approval.

 

As an independent Distributor, you may use the GelMoment name in the following manner

 

Distributor’s Name

GelMoment Independent Distributor

 

Example:                                                                                                                                 

Alice Smith

GelMoment Independent Distributor

 

      Distributors may not use the name “GelMoment” in any form in a team name, a tagline, an external website name, a personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Distributors may not name their Facebook or other social media pages “GelMoment” or similar. If a Distributor wishes to use the term “GelMoment” on her Facebook or other social media page(s), the Distributor may only do so if she includes her name and words “GelMoment Independent Distributor” or similar. They may also use the term “GelMoment” for use in a social media page or group, if they write “by” and then the distributors’ name. For example “GelMoment by Amalia”. Additionally, a Distributor may only use the phrase GelMoment Independent Distributor in telephone greetings or on an answering machine to clearly separate the Distributor’s independent GelMoment business from GelMoment.  

     

 

3.2.3 - Media and Media Inquiries

Distributors must not attempt to respond to media inquiries regarding GelMoment, its products, or their independent GelMoment business.  All inquiries by any type of media must be immediately referred to GelMoment’s Media Department.  This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.

 

3.2.4 -  Unsolicited Email

GelMoment does not permit Distributors to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations (e.g., the federal CAN SPAM Act. At a minimum, any email sent by a Distributor that promotes GelMoment, the GelMoment opportunity, or GelMoment’s products must comply with the following:

 

 

GelMoment may periodically send commercial emails on behalf of Distributors.  By entering into the Distributor Agreement, Distributor agrees that the Company may send such emails and that the Distributor’s physical and email addresses will be included in such emails as outlined above.  Distributors shall honor opt-out requests generated as a result of such emails sent by the Company.

 

3.2.5 - Unsolicited Faxes

      Except as provided in this section, Distributors may not use or transmit unsolicited faxes in connection with their GelMoment businesses.  The term “unsolicited faxes” means the transmission via telephone facsimile or computer of any material or information advertising or promoting GelMoment, 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 Distributor 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 a Distributor and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Distributor; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party. 

 

3.2.6 - Telephone Directory Listings

Distributors may list themselves as a “GelMoment Independent Distributor” in the white or yellow pages of the telephone directory, or with online directories, under their own name.  No Distributor may place telephone or online directory display ads using GelMoment's name or logo.  Distributors may not answer the telephone by saying “GelMoment”, “GelMoment Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of GelMoment.  If a Distributor wishes to post his or her name in a telephone or online directory, it must be listed in the following format:

 

Distributor's Name

GelMoment Independent Distributor

 

3.3 - Online Conduct

3.3.1 - Distributor Web Sites

      If a Distributor desires to utilize an Internet web page to promote his or her business, he or she may do so through the Replicated Website that each Distributor receives a subscription to when enrolling as a Distributor. 

 

      In addition, Distributors may also develop their own personal websites to promote their GelMoment businesses and generate sales of GelMoment products.  However, before launching any website, the Distributor must submit a beta site to GelMoment for review, and receive GelMoment’s written approval before the site can go live.  Once a website is approved by GelMoment in writing, it is an “External Website”.  Any changes to the website must be submitted to GelMoment, and the Distributor must receive GelMoment’s written authorization to make the change before going live with the change.

 

      External Websites may be used to promote a Distributor’s independent GelMoment business and the Company’s products so long as the External Website adheres to the Company’s advertising policies.  However, no orders may be placed through an External Websites; orders may only be placed through a Company provided Replicated Website. A Distributor may link an approved External Website to the order entry screen of the Company provided Replicated Website to facilitate sales should the Distributor wish to do so.

 

3.3.2 - GelMoment Replicated Websites

      Distributors receive a GelMoment Replicated Website subscription to facilitate the online buying experience for their customers and enrollments of new Distributors.  Distributors are solely responsible and liable for the content they add to their Replicated Websites and must regularly review the content to ensure it is accurate and relevant.

 

      Distributors may not alter the branding, artwork, look, or feel of their Replicated Websites, and may not use their Replicated Websites to promote, market or sell non-GelMoment products, services or business opportunities. Specifically, a Distributor may not alter the look (placement, sizing etc.) or functionality of the following:

 

 

      GelMoment reserves the right to receive analytics and information regarding the usage of your website.

 

      A Distributor may request to change the default ID for his or her Replicated Website and choose a uniquely identifiable website name, but this name must not:

 

 

3.3.3 - External Website Content

      Distributors are solely responsible and liable for their own External Website content, messaging, claims, and information and must ensure that it appropriately represents and enhances the GelMoment brand and adheres to GelMoment’s Policies and Procedures. Additionally, External Websites must not contain disingenuous popup ads or promotions or malicious code.  Decisions and corrective actions in this area are at GelMoment’s sole discretion.

 

3.3.4 - GelMoment Independent Distributor Disclosure

      To avoid confusion, the following three elements must be prominently displayed at the top of every page of a Distributor’s External Website:

 

 

      Although GelMoment brand themes and images are desirable for consistency, anyone landing on any page of a Distributor’s External Website must clearly understand that they are at an Independent Distributor site, and not a GelMoment Corporate page.

3.3.5 - External Websites Must Exclusively Promote GelMoment

      A Distributor’s External Website must contain content and information that is exclusive to GelMoment. A Distributor may not advertise any products or services other than the GelMoment product line and the GelMoment opportunity. 

 

3.3.6 - No eCommerce or Stock-and-Sell Retailing

      A Distributor’s External Website must only facilitate the entry into his or her GelMoment Replicated Website. Distributors may not stock and sell GelMoment products, and may not facilitate an eCommerce environment that would facilitate this model. All orders must be placed through the Distributor’s official Replicated Website.

 

3.3.7 - External Website Termination

      If the Distributor Agreement of a Distributor who has received authorization to create and post an External Website is voluntarily or involuntarily canceled for any reason, or if the Company revokes its authorization allowing the Distributor to maintain an External Website, the Distributor shall assign the URL to his or her External Website to the Company within three days from the date of the cancellation and re-direct all traffic to the site as instructed by the Company.

 

3.3.8 - Team Websites

      Team Websites are not a violation of GelMoment’s policy prohibiting Distributors from developing independent websites. A Team Website must be password protected and available only to Distributors within a single line of sponsorship.  Team Websites must serve only as a forum for communication, training, recognition, connecting and motivating Distributors within that line of sponsorship.  Team Websites may not be used for recruiting or sales purposes, and may not be shared with prospective Distributors.  Team Websites must comply with all of GelMoment’s Policies and Procedures.

 

3.3.9 - Domain Names, email Addresses and Online Aliases

      Distributors are not allowed to use or register “GelMoment” or any of GelMoment’s trade names, trademarks, product names, or any derivatives, for any Internet domain name, email address, or online aliases. Additionally, a Distributor 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 GelMoment. This includes, but does not limit, any domain or email address that has the name of any Country, State, Province or City, either in its entirety of abbreviated form. This includes whether it makes up the complete domain name and email address, or part of it.  GelMoment can refuse any domain name at any time and the Distributor will have to choose a new one. 

 

      If a Distributor violates this policy, the Distributor shall assign and transfer the domain name, email address, social media handle or name, or online alias to the Company immediately upon the Company’s demand, and the Distributor shall be responsible for paying all fees and costs, including but not limited to attorney’s fees and costs and transfer costs, associated with the assignment and transfer. This remedy is in addition to, and not in place of, other remedies and/or disciplinary measures that the Company may take pursuant to these Policies.

 

3.3.10 - GelMoment Hotlinks

      When directing readers to an External Website or Replicated Website it must be evident from a combination of the link and the surrounding context, to a reasonable reader that the link will be resolving to the site of an independent GelMoment Distributor. Attempts to mislead web traffic into believing they are going to a GelMoment corporate site, when in fact they land at a Distributor’s site (Replicated Website or External Website) will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be at GelMoment’s sole discretion.

 

3.3.11 - Monetizing Replicated or External Websites

      Distributors may not monetize their Replicated Website or their External Website through affiliate programs, adSense or similar programs.

 

3.3.12 - Online Classifieds

      Distributors may not use online classifieds (including Craigslist) to list, sell or retail specific GelMoment products or product bundles. Nor may Distributors post product images or other information about GelMoment products on any online classified page. Distributors may use online classifieds (including Craigslist) for informing the public about the GelMoment business opportunity, provided GelMoment-approved templates/images are used. These templates will identify the Distributor as a GelMoment Independent Distributor. If a link or URL is provided, it must link to the Distributor’s Replicated Website or External Website. 

 

3.3.13 - eBay / Online Auctions

      GelMoment’s products may not be listed on eBay or other online auctions, nor may Distributors enlist or knowingly allow a third party to sell GelMoment products on eBay or other online auction.

 

3.3.14 - Online Retailing

      Distributors may not list or sell GelMoment products on any online retail store or ecommerce site.  Nor may a Distributor enlist or knowingly allow a third party to sell GelMoment products on any online retail store or ecommerce site.

 

3.3.15 - Banner Advertising

      Distributors may place banner advertisements on a Company-approved third-party website provided the Distributor uses GelMoment-approved templates and images.  All banner advertisements must link only to a Distributor’s Replicated Website or an External Website. Distributors may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with GelMoment products or the GelMoment opportunity.

 

3.3.16 - Spam Linking

      Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments that a Distributor makes on blogs, forums, guest books etc. must be unique, informative and relevant.

 

3.3.17 - Digital Media Submission (YouTube, Facebook, Twitter, Pinterest, Instagram, etc.)

      Distributors may upload, submit or publish GelMoment-related video, audio or photo content that they develop and create so long as it aligns with GelMoment values, contributes to the GelMoment community greater good and is in compliance with GelMoment’s Policies and Procedures. All submissions must clearly identify the submitter as an Independent GelMoment Distributor in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that the submitter is solely responsible for this content. Distributors may not upload, submit or publish any content (video, audio, presentations or any computer files) received from GelMoment or captured at official GelMoment events or in buildings owned or operated by GelMoment without prior written permission.

Only GelMoment products can be showcased in any advertisments created by Distributors. 

 

3.3.18 - Sponsored Links / Pay-Per-Click (PPC) Ads

      Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to either the sponsoring Distributor’s Replicated Website or to the sponsoring Distributor’s External Website. The display URL must also be to either the sponsoring Distributor’s Replicated Website or External Website, and must not portray any URL that could lead the user to believe they are being directed to a GelMoment Corporate site, or be inappropriate or misleading in any way.

 

3.3.19 - Domain Names and Email Addresses

Except as set forth in the Distributor Website Agreement, Distributors may not use or attempt to register any of GelMoment’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or name or address.

 

3.4 - Social Media

      Social Media may be used by Distributors to share information about the GelMoment opportunity and GelMoment products. However, Distributors who elect to use Social Media must adhere to the Policies and Procedures in all respects. 

 

      Although Social Media sites may be used to promote GelMoment products, they may not be used to sell GelMoment products. Profiles a Distributor generates in any social community where GelMoment is discussed or mentioned must clearly identify the Distributor as a GelMoment Independent Distributor, and when a Distributor participates in those communities, Distributors must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at GelMoment’s sole discretion, and offending Distributors will be subject to disciplinary action.  Banner ads and images used on these sites must be current and must come from the GelMoment approved library. If a link is provided, it must link to the posting Distributor’s Replicated Website or the Distributor’s Company-approved External Website. If GelMoment products are advertised or promoted on any social media site, no pricing information may be included.

 

Distributors may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Distributors create or leave must be useful, unique, relevant and specific to the blog’s article.

 

3.4.1 - Distributors Are Responsible for Postings

Distributors are personally responsible for their postings and all other online activity that relates to GelMoment. Therefore, even if a Distributor does not own or operate a blog or Social Media site, if a Distributor posts to any such site that relates to GelMoment or which can be traced to GelMoment, the Distributor is responsible for the posting.  Distributors are also responsible for postings that appear on any blog or Social Media site that the Distributor owns, operates, or controls.

 

3.4.2 - Identification as an GelMoment Independent Distributor

When posting to social media, a Distributor must disclose his or her full name and conspicuously identify himself or herself as an independent Distributor for GelMoment. Anonymous postings or use of an alias is prohibited.  Distributors will not be added to the Corporate Facebook pages, if their Facebook account does not match the name on their Distributor account.

 

3.4.3 - Social Media as a Sales and Promotion Forum

      Some social media sites promote commercial use while others prohibit it.  It is each Distributor’s responsibility to learn and abide by the social media site’s terms of use and policies. If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s terms of use.  Social Media sites are relationship-building sites.  

 

3.4.4 - Sales and Enrollments from Social Media Sites Are Prohibited

      Online sales and/or enrollments may only be generated from a Distributor’s GelMoment replicated website. Likewise, Distributors shall not use any Social Media site to explain the GelMoment Compensation Plan or any component of the Compensation Plan. GelMoment products may be advertised and promoted at social media sites (subject to compliance with Section 3.4.3).

3.4.5 - Deceptive Postings

      Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the GelMoment income opportunity, GelMoment’s products, and/or your biographical information and credentials. 

 

3.4.6 - Use of Third Party Intellectual Property

      If a Distributor uses the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is the Distributor’s responsibility to ensure that he or she has received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and you must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.

 

3.4.7 - Respecting Privacy

      Distributors must always respect the privacy of others in their postings.  Distributors must not engage in gossip or advance rumors about any individual, company, or competitive products. Distributors may not list the names of other individuals or entities on their postings unless they have the written permission of the individual or entity that is the subject of their posting.

 

3.4.8 - Professionalism

      Distributors must ensure that their postings are truthful and accurate.  This requires that a Distributor fact-check all materials that he or she posts online. Distributors should also carefully check their postings for spelling, punctuation, and grammatical errors. Use of offensive language is prohibited.

 

3.4.9 - Prohibited Postings

      Distributors may not make any postings, or link to any postings or other material that:

 

 

3.4.10 - Responding to Negative Posts

      Distributors should not converse with anyone who places a negative post against the Distributor, other independent Distributors, or GelMoment.  Report negative posts to the Company at compliance@gelmoment.com. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as GelMoment, and therefore damages the reputation and goodwill of GelMoment. 

 

3.4.11 - Social Media Sites with Website-like Features

      Because some social media sites are particularly robust, the distinction between a social media site and a website may not be clear-cut. GelMoment therefore reserves the sole and exclusive right to classify certain social media sites as websites and require that Distributors using, or who wish to use, such sites adhere to the Company’s policies relating to independent websites.

 

3.4.12 - Promotion of Other Direct Selling Businesses Through Social Media

      In addition to meeting all other requirements specified in these Policies, should a Distributor utilize any form of social media, including but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, or Pinterest, the Distributor agrees to each of the following: 

 

 

3.5 - Business Entities

A corporation, limited liability company (LLC), partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a GelMoment Distributor by submitting a Distributor Agreement along with a properly completed Business Entity Addendum and a properly completed IRS Form W-9.  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 GelMoment, compliance with the GelMoment Policies and Procedures, compliance with the GelMoment Distributor Agreement, and all other obligations to GelMoment. 

 

      To prevent the circumvention of Sections 3.27 (regarding transfers and assignments of a GelMoment business) and 3.6 (regarding Sponsorship Changes), if any Affiliated Party wants to terminate his or her relationship with the Business Entity or GelMoment, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify GelMoment in writing that he or she has terminated his or her affiliation with the Business Entity.  In addition, the Affiliated Party foregoing his or her interest in the Business Entity may not participate in any other GelMoment business for six consecutive calendar months in accordance with Section 3.6.1.   If the Business Entity wishes to bring on any new Affiliated Party, it must notify the Company.  

 

3.5.1 - Changes to a Business Entity

Each Distributor must immediately notify GelMoment of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.

 

3.6 - Change of Sponsor

      GelMoment prohibits changes in sponsorship.  Accordingly, the transfer of a GelMoment business from one Sponsor to another is only permitted in cases in which the new Distributor signed up under our corporate website. In that event, a Distributor may request that he or she be transferred to another organization with his or her entire Marketing Organization intact.   It is up to GelMoment’s discretion whether the requested change will be implemented.

 

3.6.1 - Cancellation and Re-application

Notwithstanding the foregoing, a Distributor may legitimately change organizations by voluntarily canceling his or her GelMoment business and remaining inactive.  Following the closure of a Distributor account, the former Distributor may reapply under a new Sponsor, however, the former Distributor’s Marketing Organization will remain in the original line of sponsorship.  There is no waiting period required to rejoin. 

3.7 - 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 a Distributor, GelMoment 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, DISTRIBUTORS WAIVE ANY AND ALL CLAIMS AGAINST GELMOMENT, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM GELMOMENT’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW A DISTRIBUTOR THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP. 

 

3.8 - Unauthorized Claims and Actions

3.8.1 - Indemnification

A Distributor is fully responsible for all of his or her verbal and written statements made regarding GelMoment products and the Compensation Plan that are not expressly contained in official GelMoment 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.  Distributors agree to indemnify GelMoment and GelMoment’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by GelMoment as a result of the Distributor’s unauthorized representations or actions.  This provision shall survive the termination of the Distributor Agreement.

 

3.8.2 - Product Claims

Distributors must not make claims, including but not limited to testimonials, about GelMoment’s products that are not contained in official GelMoment literature or posted on GelMoment’s official website.  Under no circumstances shall any Distributor state or imply that any GelMoment product is useful in the diagnosis, treatment, cure, or prevention of any disease, illness, injury, or other medical condition. 

 

3.8.3 - Compensation Plan Claims

When presenting or discussing the GelMoment Compensation Plan, Distributors must make it clear to prospective Distributors that financial success with GelMoment requires commitment, effort, and sales skill.  Conversely, Distributors must never represent that one can be successful without diligently applying themselves.  Examples of misrepresentations in this area include:

 

 

The above are just examples of improper representations about the Compensation Plan.  It is important that Distributors do not make these or any other representations that could lead a prospective Distributor to believe that he or she can be successful as a GelMoment Distributor without commitment, effort, and sales skill.

 

3.8.4 - Income Claims

Because GelMoment Distributors do not have the data necessary to comply with the legal requirements for making income claims, a Distributor, when presenting or discussing the GelMoment opportunity or Compensation Plan to a prospective Distributor, may not make income projections, income claims, or disclose his or her GelMoment income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records).

 

3.9 - Repackaging and Re-labeling Prohibited

GelMoment products may only be sold in their original packaging.  Distributors may not repackage, re-label, or alter the labels on GelMoment products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. Distributors may affix a personalized sticker with the Distributor’s personal/contact information to each product or product container, as long as this is done without removing existing labels or covering any text, graphics, or other material on the product label.

 

3.10 - Commercial Outlets / Retail Stores and Service Establishments

Except as provided in Section 3.10.1, Distributors may not sell GelMoment products from commercial outlets, retail stores, or retail or service establishments.  Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell GelMoment products. 

 

Promotional displays may be exhibited for the generation of leads or the collection of orders.  A promotional display means signs, banners, flyers or other advertising materials (except as prohibited in Section 3.11).  Such displays may be in or near retail locations and service establishments, provided the Distributor has complied with all applicable laws and has received permission from the property owner or lessee.  However, such displays may not include any GelMoment products.

 

Cash and carry sales from a commercial outlet, retail store or service establishment are strictly prohibited.  Signs, banners, flyers and other advertising outside such locations announcing or directing shoppers to a GelMoment display inside such a location are prohibited.  In addition, Distributors may not sell on the sidewalk of a commercial outlet, retail store or service establishment or in the parking lot or other public or open space adjacent to any such location.

 

Customer orders cannot be delivered to customers at any commercial outlet, retail store or service establishment.  Deliveries to customers must be made outside of an away from retail environments.

 

3.10.1 – Independent Salons and Spas

      GelMoment products may be sold from and displayed in independent salons and spas as long as the salon or spa is not part of a chain or franchise system and the owner or manager of the salon or spa, or one of the professionals providing salon or spa services to customers is an active GelMoment Distributor.

 

3.11 - Signage

To avoid giving the appearance of a permanent retail establishment, yard signs and/or other signage must not be displayed on a stationary object, or permanently installed outside, or affixed to the windows of a Distributor’s personal residence or other residence.  Temporary signage or signage affixed to a mobile object may be displayed in conjunction with a home party, open house, or other approved GelMoment event.  The determination of whether an object is mobile or stationary shall be solely at GelMoment’s discretion.

 

3.12 - Trade Shows, Expositions and Other Sales Forums

       Distributors may display and/or sell GelMoment products at trade shows and professional expositions.  Distributors are responsible for making all arrangements with the event organizers in regards to booths, costs, number of participants allowed per event etc. GelMoment will not involve itself or intervene in any dispute between Distributors that arises in connection with such an event for any reason.  

      GelMoment Distributors may not participate at events that are not consistent with the professional image that GelMoment wishes to portray.  Such events include, but are not limited to, swap meets, garage sales and flea markets. 

GelMoment Distributors are permitted to set up a booth in a shopping mall under the following conditions:

Booth must not be permanent fixture

Booth must be in mall passage or hallways and not inside a commercial store

Distributors must offer the service of self-manicures, DIY, in addition to selling products

Booth cannot be used to liquidate products

All products must be displayed and sold at full retail prices in effect at time of sale.

Booth is permitted for a maximum of 30 days in the same establishment with 30 day break period in-between. 

Product swapping in an online group is prohibited, as is selling products for less than the retail advertised pricing. 

 

    3.13 - Conflicts of Interest

      The parties agree that any violation of these Conflicts of Interest policies shall cause GelMoment irreparable harm for which there is no adequate remedy at law, and that such harm will outweigh any injury to Distributor should injunctive relief be granted to the Company. GelMoment shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of the policy.

 

3.13.1 - Nonsolicitation

GelMoment Distributors are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”).  However, during the term of this Agreement, Distributors may not directly or indirectly Recruit other GelMoment Distributors for any other network marketing business. Cross-promoting is not permitted.

 

Following the cancellation or transfer of a Distributor’s Independent Distributor Agreement for any reason, and for a period of 12 calendar months thereafter, with the exception of a Distributor who was personally sponsored by the former Distributor, a former Distributor may not Recruit any GelMoment Distributor for another network marketing business. 

 

Distributors and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective.  Therefore, Distributors and GelMoment agree that this non-solicitation provision shall apply nationwide and to all international markets in which GelMoment Distributors are located. This provision shall survive the termination or expiration of the Agreement.

 

      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 GelMoment Distributor to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.

 

3.13.2 - Distributor Participation in Other Direct Selling Programs

      If a Distributor is engaged in other non-GelMoment business or direct selling programs, it is the responsibility of the Distributor to ensure that his or her GelMoment business is operated entirely separate and apart from all other businesses and/or direct selling programs.  To this end, the Distributor must adhere to the following:

 

 

 

 

 

3.13.3 - Confidential Information

      Confidential information includes, but is not limited to, the identities of GelMoment customers and Distributors, contact information of GelMoment customers and Distributors, Distributors’ sales, and Distributor rank and/or achievement levels.  Confidential Information is, or may be available, to Distributors in their respective Back-Offices.  Distributor access to such Confidential Information is password protected, and such Confidential Information constitutes proprietary business trade secrets belonging to GelMoment.  Such Confidential Information is provided to Distributors in strictest confidence and is made available to Distributors for the sole purpose of assisting Distributors in working with their respective Marketing Organizations in the development of their GelMoment business.  Each Distributor and GelMoment agree that, but for this agreement of confidentiality and nondisclosure, GelMoment would not provide Confidential Information to the Distributor. Any information that is not available to a Distributor on someone in their downline through the back office will not be given out to any Distributor. 

 

      To protect Confidential Information, a Distributor shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:

 

 

3.14 - Targeting the Sales Force of Other Direct Sellers

      GelMoment does not condone Distributors specifically or consciously targeting the sales force of another direct sales company to sell GelMoment products or to become Distributors for GelMoment, nor does GelMoment condone Distributors solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company.  Should a Distributor engage in such activity, the Distributor bears the risk of being sued by the other direct sales company.  If any lawsuit, arbitration or mediation is brought against a Distributor by a third party alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, or in any way violated their contract with the third party, GelMoment will not pay any of the Distributor’s defense costs or legal fees, nor will GelMoment indemnify the Distributor for any judgment, award, or settlement.  Should the third party bring or threaten legal action against GelMoment based on the conduct of the Distributor, the Distributor agrees that it shall indemnify GelMoment for all judgments, settlements, payments of any other nature, litigation costs, and attorney’s fees that GelMoment incurs in relation to such legal action or threat of legal action.

 

3.15 - Errors or Questions

       If a Distributor has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, enrollments, or charges, the Distributor must notify GelMoment in writing within 60 days of the date of the purported error or incident in question.  GelMoment will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.  It is the Distributor's responsibility to verify their order receipt for any inconsistencies. Any inconsistencies must be reported within 24 hours to support@gelmoment.com.  In the event that a change is required to the order, GelMoment will cancel and refund the order, providing that it has not been processed by the time the request is received.  Refunds can take up to 2 weeks to appear on the Distributor's credit card statement.  

 

3.16 - Claims of Governmental Approval or Endorsement

State and federal regulatory agencies and officials do not approve or endorse any direct selling or network marketing companies or programs. Therefore, Distributors shall not represent or imply that GelMoment or its Compensation Plan have been “approved,” “endorsed” or otherwise sanctioned by any government agency.

 

3.17 - Use of Nonpublic Information

      No GelMoment Distributor may act on, or benefit in any way from, any information about GelMoment, or its future plans, to pursue any aspect of the Distributor's business prior to the public announcement of such information by GelMoment. Such information may include, but is not limited to, any information gained through relationship, conversation, or communication with GelMoment employees, directors, or corporate officers, and includes all information that has not been publicly announced. Any actions taken prior to a public announcement will be deemed to be a violation of the Distributor Agreement and subject to disciplinary proceedings as set forth in Section 8.1, including termination of your Distributor Agreement.

 

3.18 - Income Taxes

Each Distributor is responsible for paying local, state, and federal taxes on any income generated as an Independent Distributor.  If a Distributor’s GelMoment business is tax exempt, the Federal tax identification number must be provided to GelMoment.  Every year, GelMoment will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000.

 

GelMoment cannot provide Distributors with any personal tax advice.  Distributors should consult with their own tax accountant, tax attorney, or other tax professional.

 

3.19 - Independent Contractor Status

Distributors are independent contractors.  The agreement between GelMoment and its Distributors does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Distributor. Distributors shall not be treated as an employee for his or her services or for federal or state tax purposes.  All Distributors are responsible for paying local, state, and federal taxes due from all compensation earned as a Distributor of the Company.  The Distributor has no authority (expressed or implied), to bind the Company to any obligation.  Each Distributor shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Distributor Agreement, these Policies and Procedures, and applicable laws.

3.20 - Insurance

      You may wish to arrange insurance coverage for your business.  Your homeowner’s insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment.  Contact your insurance agent to make certain that your business property is protected.  This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present homeowner’s policy.

 

3.21 - International Marketing

      Distributors are authorized to sell GelMoment products and enroll Distributors only in the countries in which GelMoment is authorized to conduct business, as announced on the Company’s official website or other official Company literature.  GelMoment products or Sales Tools may not be shipped into or sold in any foreign country that the Company has not announced is officially open for business.  Distributors may sell, give, transfer, or distribute GelMoment products or Sales Tools only in their home country.  In addition, no Distributor may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential Distributors; or (c) conduct any other activity for the purpose of selling GelMoment products, establishing a Marketing Organization, or promoting the GelMoment opportunity.

 

      Some of the countries or territories to which GelMoment is formally permitting Distributor enrollment are on a “Not for Resale” basis only.  A Distributor or customer in these jurisdictions may purchase GelMoment products for personal use only, are limited to the amount of product that can be imported, and may not resell the products.  These Policies and Procedures and the Distributor Agreement are subject to material change or replacement in each such market if/when GelMoment’s legal status changed in any such market.

 

3.22 - Excess Inventory and Bonus Buying

Distributors must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other Distributor to buy more products than they can reasonably use or sell to retail customers in a month.  Distributors may not place an order for products unless the Distributor has sold at least 70% of the products purchased with her/his previous order or has pending orders that justify the re-order.  By placing an order for products, a Distributor is certifying to the Company that she/he has re-sold at least 70% of her/his previous order or has pending orders justifying the purchase.  The Company reserves the right to refuse to fulfill an order if it believes that a Distributor has not complied with this policy. If a Distributor wants to return products after having sold 70% of their purchased products, they must do so within 30 days of having purchased the products from GelMoment. All returns must meet the conditions outlined in section 7. 

 

In addition, bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product purchases by end user consumers.  Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.  It is at the sole discretion of GelMoment to terminate a Distributor account if Bonus buying is suspected. 

 

3.23 - Adherence to Laws and Ordinances

      Distributors 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 Distributors because of the nature of their business.  However, Distributors must obey those laws that do apply to them.  If a city or county official tells a Distributor that an ordinance applies to him or her, the Distributor shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of GelMoment. 

 

3.24 - One GelMoment Business Per Distributor and Per Household

      A Distributor may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one GelMoment business.  No individual may have, operate or receive compensation from more than one GelMoment business.  Individuals of the same Household may not enter into or have an interest in more than one GelMoment 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.

 

      In order to maintain the integrity of the GelMoment Compensation Plan, husbands and wives, domestic partnerships, or common-law couples (collectively referred to herein as “spouses”) who wish to become GelMoment Distributors must be jointly sponsored as one GelMoment business.  Spouses, regardless of whether one or both are signatories to the Distributor Agreement, may not own or operate any other GelMoment business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or have any other legal or equitable ownership) in the ownership or management of another GelMoment business in any form.

 

      An exception to the one business per Distributor/Household rule will be considered on a case by case basis if two Distributors marry or move in together, or in cases of a Distributor receiving an interest in another business through inheritance.  Requests for exceptions to policy must be submitted in writing to the Compliance Department.

 

3.25 - Actions of Household Members or Affiliated Parties

      If any member of a Distributor’s immediate household engages in any activity which, if performed by the Distributor, would violate any provision of the Agreement, such activity will be deemed a violation by the Distributor and GelMoment may take disciplinary action pursuant to these Policies and Procedures against the Distributor.  Similarly, if any partner, shareholder, member, or other individual ownership or management capacity (collectively “Affiliated Individual) in 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 each Affiliated Individual, and GelMoment may take disciplinary action jointly and severally against the Business Entity and/or each Affiliated Individual.   

 

3.26 - Requests for Records

      Any request from a Distributor for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy.  This fee covers the expense of mailing and time required to research files and make copies of the records.

 

3.27 - Sale, Transfer or Assignment of an Independent GelMoment Business Prohibited

The Distributor Agreement entered into between GelMoment and each Distributor is a contract for personal services.  As such, Distributors may not sell, assign or transfer their independent GelMoment businesses and may not assign the Distributor Agreement or delegate any duties thereunder. 

 

3.28 - Separation of a GelMoment Business

GelMoment Distributors sometimes operate their GelMoment businesses as husband-wife partnerships, regular partnerships, LLCs, 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:

 

 

 

Under no circumstances will the Marketing Organization of divorcing spouses or a dissolving business entity be divided.  Similarly, under no circumstances will GelMoment split commission and bonus payments between divorcing spouses or members of dissolving entities.  GelMoment will recognize only one Marketing Organization and will issue only one commission payment per GelMoment business per commission cycle.  Commission payments shall always be issued to the same individual or entity.  In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the Distributor Agreement shall be involuntarily canceled.

 

      If a former spouse has completely relinquished all rights in the original GelMoment business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months.  In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as a Distributor.  In either case, the former spouse or business affiliate shall have no rights to any Distributors in their former Marketing Organization or to any former retail customer.  They must develop the new business in the same manner as would any other new Distributor.

 

3.29 - Sponsoring Online

      When sponsoring a new Distributor 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 online application and agreement, GelMoment’s Policies and Procedures, and the GelMoment Compensation Plan.  The Sponsor may not fill out the online application and agreement on behalf of the applicant and agree to these materials on behalf of the applicant.

 

3.30 - Succession

Upon the death or incapacitation of a Distributor, his or her business may be passed to his or her heirs.  Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper.  Accordingly, a Distributor should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument.  Whenever a GelMoment business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Distributor’s Marketing Organization provided the following qualifications are met.  The successor(s) must:

 

 

The devisee(s) must provide GelMoment with an “address of record”.  If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number.  GelMoment will issue all bonus and commission payments and one 1099 to the business entity.

 

3.30.1 - Transfer Upon Death of a Distributor

To effect a testamentary transfer of a GelMoment business, the executor of the estate must provide the following to GelMoment: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to GelMoment specifying to whom the business and income should be transferred.

 

3.30.2 - Transfer Upon Incapacitation of a Distributor

To effectuate a transfer of a GelMoment business because of incapacity, the successor must provide the following to GelMoment: (1) a copy of the appointment of the trustee; (2) written instructions from the trustee instructing how the proceeds from the business should be paid; and (3) a completed Distributor Agreement executed by the trustee.

 

3.31 - Telemarketing Techniques  

Although GelMoment does not consider Distributors to be “telemarketers” in the traditional sense of the word, state and federal 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, Distributors must not engage in telemarketing in the operation of their GelMoment businesses.  The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a GelMoment product, or to recruit them for the GelMoment opportunity.  “Cold calls" made to prospective customers or Distributors that promote either GelMoment’s products or the GelMoment opportunity constitute telemarketing and are prohibited.  However, a telephone call(s) placed to a prospective customer or Distributor (a "prospect") is permissible under the following situations:           

 

 

 

 

 

Distributors shall not use automatic telephone dialing systems or software relative to the operation of their GelMoment businesses. Distributors 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 GelMoment products or opportunity.

 

3.32 - Back Office Access

GelMoment makes online back offices available to its Distributors.  Back offices provide Distributors access to confidential and proprietary information that may be used solely and exclusively to promote the development of a Distributor’s GelMoment business and to increase sales of GelMoment products.  However, access to a back office is a privilege, and not a right.  GelMoment reserves the right to deny Distributors’ access to the back office at its sole discretion.

 

3.33 - Change of Contact Information

To ensure timely delivery of products, support materials, commissions, and tax documents, it is important that GelMoment’s files are current.  Street addresses are required for shipping.  Distributors planning to change any of their contact information or move must update their contact information via the Back Office function of the Distributor’s replicated GelMoment website.  To guarantee proper delivery, two weeks advance notice must be provided to GelMoment on all changes. 

 

3.34 - Continuing Development Obligations

3.34.1 - Ongoing Training

      Any Distributor who sponsors another Distributor into GelMoment must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her GelMoment business.  Distributors must have ongoing contact and communication with the Distributors 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 Distributors to GelMoment meetings, training sessions, and other functions.  Upline Distributors are also responsible to motivate and train new Distributors in GelMoment product knowledge, effective sales techniques, the GelMoment Compensation Plan, and compliance with Company Policies and Procedures.  Communication with and the training of downline Distributors must not, however, violate Sections 3.1 and/or 3.2 (regarding the development of Distributor-produced Sales Tools and promotional materials).

 

      Distributors should monitor the Distributors in their Marketing Organizations to guard against downline Distributors making improper product or business claims, or engaging in any illegal or inappropriate conduct.  Upon request, a Distributor shall provide documented evidence to GelMoment of his or her ongoing training and support responsibilities under this Section 3.34.1.

 

      If a Distributor becomes aware that a Distributor in his or her Marketing Organization is violating the Agreement, either willfully or due to ignorance, the upline Distributor shall make every effort to educate, inform and bring the downline Distributor into compliance.  Where appropriate, the upline Distributor should report the non-compliance of the downline Distributor to the Company.

 

      If in the opinion of GelMoment a Distributor is failing to train, support, inform and/or motivate any of his or her personally sponsored Distributors, then the Company may, at its sole discretion, take disciplinary measures against the upline Distributor as described in Section 8.1.

 

3.34.2 - Increased Training Responsibilities

As Distributors progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the GelMoment program.  They will be called upon to share this knowledge with lesser experienced Distributors in their Marketing Organization.

 

3.34.3 - Ongoing Sales Responsibilities

Regardless of their level of achievement, Distributors have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.

3.35 - Negative Comments

GelMoment values constructive criticisms and comments from Distributors.  All such comments should be submitted in writing to GelMoment management.  While GelMoment welcomes constructive input, negative comments and remarks made in the field by Distributors about the Company, its products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other GelMoment Distributors.  For this reason, and to set the proper example for their Marketing Organizations, Distributors must not disparage, demean, or make negative remarks about GelMoment, other GelMoment Distributors, the Compensation plan,  GelMoment products, or GelMoment’s directors, officers, or employees. Complaints and concerns about GelMoment should be directed to the Customer Service Department. Disputes or disagreements between any Distributor and GelMoment shall be resolved through the dispute resolution process set forth in the Agreement, and the Company and Distributors agree specifically not to demean, discredit, disparage, or criticize one another on the internet or any other public forum. 

 

3.36 - Providing Documentation to Applicants

Distributors must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Distributors before the applicant signs a Distributor Agreement, or ensure that they have online access to these materials. 

 

SECTION 4 - SALES REQUIREMENTS

 

4.1 - Product Sales

The GelMoment Compensation Plan is based on the sale of GelMoment products to end consumers.  Distributors must fulfill personal and downline organization personal retail sales and team wholesale sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement.  The following sales requirements must be satisfied for Distributors to be eligible for commissions:

 

 

 

 

4.2 - Product Pricing / Price Advertising

As independent contractors, Distributors may establish their own pricing for reselling their GelMoment products.  However, Distributors shall not advertise GelMoment products for less than the retail price as published by the Company.  This includes posting that you have special pricing and that people should contact you for more details.  Furthermore, no bulk pricing or special enticement advertising is allowed.  This includes, but is not limited to, offers of free starter kits, free shipping, or other such offers that grant advantages beyond those available through any Distributor’s GelMoment Website.  Distributors are responsible for adherence to all local laws concerning pricing.  Distributors are permitted to advertise pricing of the GelMoment Business Opportunity and products but may never advertise prices that are less than the retail advertised pricing on the corporate website. 

 

4.3 - No Territory Restrictions

There are no exclusive territories granted to anyone. 

4.4 - Sales Receipts

All Distributors must provide their retail customers with two copies of an official GelMoment sales receipt at the time of the sale.  These receipts set forth the Customer Satisfaction Guarantee as well as any consumer protection rights afforded by federal or state law.  Distributors must maintain all retail sales receipts for a period of two years and furnish them to GelMoment at the Company’s request.  Retail customers who purchase from a Distributor’s Replicated Website need not be provided with a sales receipt as the receipt will automatically be sent by the Company via email at the time the order is placed.

 

      Remember that customers must receive two copies of the sales receipt.  In addition, Distributors must orally inform the buyer of his or her cancellation rights.

 

4.5 - Shipping Schedule

             Orders are typically prepared within 1-3 business days from the date on which the order is placed. It may take up to 10 business days to receive your order after it has been shipped. Once an order is placed, no changes can be made to it due to the instant payment program and it cannot be combined with other orders to save on shipping costs. 

Please allow up to 7 business days for processing on Enrollment Packages plus 10 business days for shipping. 

4.6 - Shipping Schedule

      Goods are normally shipped within 2-3 business days from the date on which the order is placed. Once an order is placed, no changes can be made to it and it cannot be combined with other orders to save on shipping costs. 

 

SECTION 5 - PERSONAL & CONFIDENTIAL INFORMATION

 

5.1 - Handling Personal Information

      As a Distributor, you will receive Personal Information from and about prospective Distributors, customers and other individuals. Keeping their Personal Information secure not only helps to ensure your compliance with the law, but it also helps you to maintain current customers’ and potential customers’ trust, which is an important factor in your success. Personal Information is information that identifies, or permits you to contact, an individual, financial information, and sales data. It includes, but is not limited to, a customer’s, potential customer’s, Distributor or prospective Distributor’s or other individual’s name, address, email address, phone number, credit card information, social security number, purchase history, and other information.

 

5.2 - Give the Customer Notice

      Customers want to know why you are collecting their Personal Information and what you plan to do with it, so tell them what you are collecting, why and with whom you are going to share it. Tell them this before or at the time that you collect their Personal Information, and then be sure that you use and share Personal Information only in the ways you promised.

5.3 - Collect Only What You Need 

      Collect only the Personal Information that you really need. Review the forms that you use to collect Personal Information, and revise them to remove fields for information you do not need. Less is more.  For example, don’t collect a credit or debit card number unless your customer actually makes a purchase.

 

5.4 - Give the Customer Control 

      Give customers a choice about how you communicate with them. For instance, find out if a customer wants to receive promotions and other marketing messages from you and, if so, whether he or she would prefer to receive them by email, phone or another method of communication. Respect the customer’s wishes:  if, for example, a customer tells you that he or she doesn’t want to receive emails, then find another way to communicate with him or her.

 

5.5 - Stay up-to-date 

      Keep the customers’ Personal Information up-to-date. Remind them to let you know if their Personal Information changes. Keeping your contacts current helps you to stay in touch with them. 

 

5.6 - Your Back-Office

      Your Back-Office may have information relating to your downline Distributor’s confidential information.  You must not show this information to anyone, nor may you share your Back-Office access with anyone.

 

5.7 - Share Only if Necessary 

      Don’t share a customers’ Personal Information unless you have a real business reason to do so—and then share only what is necessary, and no other information, and make sure that the other person agrees to use the Personal Information only in the ways you have agreed.

 

5.8 - Be Careful

      A customer’s information is a valuable asset. Don’t communicate it to the general public or to anyone who doesn’t have a legitimate need for it. Protect it from unauthorized access or disclosure.  

 

5.9 - Dispose of Personal Information Responsibly 

      When you no longer need a customer’s Personal Information, stop using it.  Dispose of it in a way that makes it unreadable, such as by shredding paper documents.

 

5.10 - Be Very Careful with Sensitive Personal Information 

      If sensitive Personal Information such as credit or debit card numbers, social security or Tax ID numbers, fall into the wrong hands, customers could become the victim of fraud or identity theft. Consider these steps to help reduce that risk:

 

 

SECTION 6 - BONUSES AND COMMISSIONS

 

6.1 - Bonus and Commission Qualifications

      A Distributor must be active and in compliance with the Agreement to qualify for bonuses and commissions.  So long as a Distributor complies with the terms of the Agreement, GelMoment shall pay commissions to such Distributor in accordance with the Compensation Plan.  

 

6.2 - Adjustment to Bonuses and Commissions

6.2.1 - Adjustments for Returned Products

      Distributors and upline Distributors receive bonuses and commissions based on the actual sales of products and services to end consumers.  When a product is returned to GelMoment for a refund, or the buyer institutes a credit card chargeback, either of the following may occur at the Company’s discretion: (1) the bonuses and commissions attributable to the returned or repurchased product that were paid to the selling Distributor and any upline Distributors will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the bonuses and commissions are recovered; and/or (2) the bonuses and commissions attributable to the refunded product may be deducted from any refunds or credits to the Distributor(s) who received the bonuses or commissions on the sales of the refunded product.

 

6.2.2 - Garnishments or Court Orders

      GelMoment reserves the right to withhold or reduce any Distributor’s compensation as it deems necessary to comply with any garnishment or court order directing GelMoment to retain, hold, or redirect such compensation to a third party.

 

6.2.3 - Bonus and Commission Payment Fees

The Company pays commissions and bonuses to Distributors via an E-Wallet.  Distributors may use the funds in their E-Wallets to transfer the funds to their personal bank accounts or to a GelMoment pre-paid Visa card. All transaction fees will be shown in your Ewallet site.  Alternatively, a Distributor may request payment from the company by hard-copy check.  In that event, the Company will deduct a $20 processing fee from each hard-copy check issued to the Distributor.  There is an initial charge of $9.95 to receive a GelMoment pre-paid Visa card.  The pre-paid Visa cards expire after three years.  If a Distributor wishes to receive a new card, there is a charge of $9.95.

 

If incurred by a Distributor and not paid by some other method, the above fees will be withheld from the bonus and commission payments payable to the Distributor.

 

6.3 - Reports

      All information provided by GelMoment in downline activity or downline genealogy reports, including but not limited to personal and downline sales information (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable.  Nevertheless, due to various factors including but not limited to the inherent possibility of human, 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; the information is not guaranteed by GelMoment 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 NON‑INFRINGEMENT.

 

      TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GELMOMENT AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY DISTRIBUTOR 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, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF GELMOMENT 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, GELMOMENT 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 GelMoment’s 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 GelMoment’s reporting services and your reliance upon the information.

 

SECTION 7 - RETURN POLICY AND INVENTORY REPURCHASE

 

7.1 - Order Cancellation and Return Policy

7.1.1 - Order Cancellation

Federal and state law requires that Distributors notify their retail customers that they have three business days (5 business days for Alaska residents and 15 days for residents of North Dakota age 65 or older) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. Saturday is a business day, Sundays and legal holidays are not business days. Distributors shall verbally inform their customers of this right, shall provide their customers with TWO copies of a retail receipt at the time of the sale, and shall point out this cancellation right stated on the receipt.


7.1.2 - Return Policy

     

GelMoment offers a 100% money-back guarantee (less shipping charges) to all retail customers and Distributors.  A Distributor or customer may return unused or defective product to GelMoment for a full refund (less the shipping charges) as long as the product is shipped to GelMoment, shipping pre-paid, within thirty (30) days of the date that Distributor received the product. Each Distributor is bound to honour this guarantee for his or her retail customers.  Returns of unused products made after seven (7) days from the date that the customer or Distributor received the product shall be charged a 10% restocking fee.

Products shipped directly to the customer by the Company must be returned to the Company and a refund will be issued to the customer by the Company.  Products delivered to the customer by a Distributor must be returned to the selling Distributor, and it shall be the responsibility of the Distributor to issue the refund to his/her customer. 

This product guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable.  Product returned as defective product may be subject to additional testing and investigation by Gel Moment to determine whether in fact the product is defective or was abused or misused. Gel Moment reserves the right to refuse a refund if a product is not defective or was abused or misused.

Distributors shall disclose the terms of the warranty to his/her customers at the time of sale and shall also point out this warranty information on the sales receipt and product literature.

GelMoment reserves the right to terminate the Agreement without advance notice if in its sole discretion GelMoment determines the Distributor is abusing this return policy.

Should there be a promotion for "Free Shipping" and a refund is requested, the standard shipping costs will still be deducted from the refund, to cover the shipping costs incurred by GelMoment.

7.2 - Return of Merchandise by Distributors Upon Cancellation

    

Upon cancellation of a Distributor’s Agreement, the Distributor may return his or her merchandise and/or sales aids or sales tools that he or she personally purchased from GelMoment (purchases from other Distributors or third parties are not subject to refund) that are in Resalable condition (see Definition of Resalable below) so long as the products were purchased from GelMoment within one year prior to cancellation.

Upon receipt of resalable merchandise, sales aids or sales tools, the Distributor will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges for return shipping fees will be not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If a Distributor was paid a bonus or commission based on a product(s) that he or she purchased, and such product(s) is subsequently returned for a refund, the bonus and/or commission that was paid to the Distributor based on that product purchase will be deducted from the amount of the refund.

Merchandise is deemed to be Resalable if each of the following elements is satisfied: 1) the merchandise is unopened and unused; 2) packaging and labeling has not been altered or damaged; and 3) the merchandise is returned to GelMoment within one year from the date of purchase (the one year limitation shall not apply to Distributors who are residents of Maryland, Massachusetts, Wyoming and Puerto Rico). Any merchandise that is clearly identified at the time of sale as a nonreturnable, discontinued, or as a seasonal item, shall not be Resalable. 

7.3 - Procedures for All Returns

      

The following procedures apply to all returns for refund, repurchase, or exchange.

All merchandise must be returned by the Distributor or customer who purchased it directly from GelMoment.

All products to be returned must have a Return Form which is obtained by email support@gelmoment.com. This Return Form must be included in each carton returned. Returns will not be processed if the return form is not included in the return carton.

The return is accompanied a copy of the order receipt, a completed and signed Product Return Form, and the unused portion of the product in its original container.

Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested. All returns must be shipped to GelMoment shipping pre-paid. GelMoment does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Distributor or the customer. If returned product is not received by the Company’s Distribution Center, it is the responsibility of the Distributor or customer to trace the shipment.

If a Distributor or customer is returning merchandise to GelMoment that was returned to him or her by a personal retail customer, the product must be received by GelMoment within seven (7) days from the date on which the retail customer returned the merchandise to the Distributor, and must be accompanied by the sales receipt the Distributor gave to the customer at the time of the sale.

No refund or replacement of product will be made if the conditions of these rules are not met.

 

7.2.1 - Montana Residents

A Montana resident may cancel his or her Distributor Agreement within 15 days from the date of enrollment, and may return his or her Gel Basic, GelPro or GelPower Package for a full refund within such time period.

7.3 - Procedures for All Returns

      The following procedures apply to all returns for refund, repurchase, or exchange:

 

 

 

 

 

No refund or replacement of product will be made if the conditions of these rules are not met.

SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

 

8.1 - Disciplinary Measures

      Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Distributor that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the Distributor’s GelMoment business), may result, at GelMoment's discretion, in one or more of the following corrective measures:

 

 

GelMoment may withhold from you all or part of your bonuses and commissions while the Company is investigating any potential or alleged misconduct. If your GelMoment business is cancelled for disciplinary reasons, you will not be entitled to any commission or bonus withheld during the investigation period. In situations deemed appropriate by GelMoment, the Company may institute legal proceedings for monetary and/or equitable relief.

 

8.2 - Grievances and Complaints

When a Distributor has a grievance or complaint with another Distributor regarding any practice or conduct in relationship to their respective GelMoment businesses, the complaining Distributor 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 leadership.  If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Distributor Services Department at the Company.  The Distributor Services Department will review the facts and resolve it. 

 

8.3 - Mediation

For claims seeking $10,000 or more that arise from or relate to the Agreement, prior to filing arbitration as provided below, the parties shall meet in good faith and attempt to resolve such dispute through confidential non-binding mediation.  One individual who is mutually acceptable to the parties shall be appointed as mediator.  The mediation shall occur within 60 days from the date on which the mediator is appointed.  The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties.  Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation.  Each party shall pay its own attorney’s fees, costs, and individual expenses, including travel and lodging expenses.  Mediation shall be held in Montreal, Quebec, Canada and shall last no more than two business days. 

 

8.4 - Arbitration

      Except as otherwise provided in the Agreement, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled through confidential arbitration.  The Parties waive all rights to trial by jury or to any court.  This arbitration provision applies to claims that were not successfully resolved through the foregoing mediation process as well as claims for less than $10,000.00 not subject to the mediation requirement.  The arbitration shall be filed with, and administered by, the Canadian Arbitration Association (“CAA”) using the Canadian Arbitration Association Expedited Arbitration Rules which are available on the CAA’s website at www.canadianarbitration.ca.  Copies of the CAA’s Expedited Arbitration Rules will also be emailed to Distributors upon request to GelMoment’s Customer Service Department.  Notwithstanding the rules of the CAA, the following shall apply to all arbitration actions:

 

 

      All arbitration proceedings shall be held in Montreal, Quebec Canada.  There shall be one arbitrator selected from the panel that the CAA provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees.  The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the parties have consented to jurisdiction as set forth in the Agreement.  This agreement to arbitrate shall survive the cancellation or termination of the Agreement. 

 

      The parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to third parties:

 

 

      Notwithstanding the foregoing, nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its intellectual property rights, trade secrets, and/or confidential information, including but not limited to enforcement of its rights under the nonsolicitation provision of the Agreement.

8.5 - Class Action Waiver

      Any action brought by a Distributor shall be brought on an individual basis, and not on behalf of a class or on a consolidated basis. Distributors waive all rights to bring an action against GelMoment, its officers, owners, directors, employees and agents as a class or consolidated action.

 

8.6 - Governing Law, Jurisdiction and Venue

Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Montreal, Quebec Canada.  The law of the Province of Quebec shall govern all matters relating to or arising from the Agreement.   

 

8.7 - Louisiana Residents

      Notwithstanding the provisions of Section 8.6 above and the mediation and arbitration provisions in Sections 8.3 and 8.4, residents of the State of Louisiana shall be entitled to bring an action against GelMoment in their home forum and pursuant to Louisiana law.

 

8.8 - Damage Limitation

      In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Notwithstanding the foregoing, this Damage Limitation shall not apply to claims alleging the breach of the nonsolicitation or confidentiality provisions contained in these Policies.

 

8.9 - Indemnification

      Distributors agree to indemnify GelMoment for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that GelMoment incurs resulting from or relating to any act or omission by Distributor that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. GelMoment may elect to exercise its indemnification rights through withholding any compensation due the Distributor. This right of setoff shall not constitute GelMoment’s exclusive means of recovering or collecting funds due GelMoment pursuant to its right to indemnification.

8.10 - Liquidated Damages

In any case which arises from or relates to the wrongful termination of Distributor’s Agreement and/or independent GelMoment business, the parties agree that damages will be extremely difficult to ascertain.  Therefore, the parties stipulate that if the involuntary termination of a Distributor’s Agreement and/or loss of their independent business held to be wrongful under any theory of law, Distributor’s sole remedy shall be liquidated damages in the amount of his/her gross compensation that he/she earned pursuant to GelMoment’s Compensation Plan in the twelve (12) months immediately preceding the termination.

 

Gross compensation shall include commissions and bonuses earned by the Distributor pursuant to GelMoment’s Compensation Plan as well as retail profits earned by Distributor for the sale of GelMoment merchandise. However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Distributor to Customers at the time of the sale.

 

The Parties agree that the foregoing liquidated damage provision is fair and reasonable. 

 

A Distributor’s “Paid As” rank is the rank or title at which they actually qualified to earn compensation under the GelMoment Compensation Plan during a pay-period. For purposes of this Policy, the relevant pay-period to determine a Distributor’s “Paid As” rank is the pay-period during which the Distributor’s business is placed on suspension or terminated, whichever occurs first. The “Paid As” rank differs from the “Title Rank,” which is the highest title or rank that a Distributor has ever achieved under the GelMoment Compensation Plan.

 

SECTION 9 - INACTIVITY AND CANCELLATION

 

9.1 - Effect of Cancellation

      So long as a Distributor remains active and complies with the terms of the Distributor Agreement and these Policies and Procedures, GelMoment shall pay commissions to such Distributor in accordance with the Compensation Plan.  A Distributor’s bonuses and commissions constitute the entire consideration for the Distributor's efforts in generating sales and all activities related to generating sales (including building a Marketing Organization).  Following a Distributor’s non-renewal of his or her Distributor Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Distributor Agreement (all of these methods are collectively referred to as “cancellation”), the former Distributor shall have no right, title, claim or interest to the Marketing Organization which he or she operated, or any commission or bonus from the sales generated by the organization.  A Distributor whose business is cancelled will lose all rights as a Distributor.  This includes the right to sell GelMoment products and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Distributor’s former Marketing Organization.  In the event of cancellation, Distributors 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 and other activities of his or her former Marketing Organization.

 

      Following a Distributor’s cancellation of his or her Distributor Agreement, the former Distributor shall not hold himself or herself out as a GelMoment Distributor and shall not have the right to sell GelMoment products.  A Distributor whose Distributor 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). If a former Distributor re-enrolls (which is at the discretion of the Company), he or she will not receive any retroactive commissions or bonuses from the time that he or she was not an active Distributor

 

9.2 - Cancellation Due to Inactivity

 

In order to be eligible to earn bonuses and commissions, a Distributor’s account must be active.

Should a Distributor become inactive, by not having met the rolling 90-day requirements, their account will be closed and they will lose their downline. The 90-day rolling requirement is available on the website. 

9.2.1 - Maternity Exemption

A Distributor shall be exempt from meeting the above activity requirements for a period of four (4) months following the birth or adoption of a child.  Appropriate documentation must be provided to the Company upon request. It is the Distributor's responsibility to advise us in advance, in order to avoid any disruptions to their account, in the event of inactivity or account closure. 

 

9.2.2 - Military Deployment Exemption

      Military personnel shall be exempt from meeting the above activity requirements while deployed into a foreign country and for a period of one (1) month following the end of such deployment.  Appropriate documentation must be provided to the Company upon request.

 

9.3 - Involuntary Cancellation

      A Distributor’s violation of any of the terms of the Agreement, including any amendments that may be made by GelMoment in its sole discretion, may result in any of the sanctions listed in Section 8.1, including the involuntary cancellation of his or her Distributor Agreement.  Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Distributor’s last known address, email address, or fax number, or to his or her attorney, or when the Distributor receives actual notice of cancellation, whichever occurs first.

 

      GelMoment reserves the right to terminate all Distributor 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.

 

9.4 - Voluntary Cancellation

      A participant in this network marketing plan has a right to cancel at any time, regardless of reason.  If Cancellation is in writing, the Cancellation notice must be submitted to the Company at its principal business address. The written notice must include the Distributor’s signature, printed name, address, and Distributor I.D. Number. 

 

      In addition to written cancellation, Distributors who have consented to Electronic Contracting will cancel their Distributor Agreement should they withdraw their consent to contract electronically. 

 

      A Distributor may also voluntarily cancel his or her GelMoment business by returning $300 or more of merchandise in any 12 month rolling period and seeking a refund for such returns.

 

9.5 - Non-renewal

A Distributor may also voluntarily cancel his or her Distributor Agreement by failing to annually renew the Agreement within 30 days of its anniversary date or by failing to pay the annual website maintenance fee within 30 days of the anniversary date.  The Company may also elect not to renew a Distributor's Agreement upon its anniversary date.

 

SECTION 10 - DEFINITIONS

 

Active Distributor — A Distributor who has met the 90-day rolling requirements. 

 

Active Rank — The term “active rank” refers to the current rank of a Distributor, as determined by the GelMoment Compensation Plan, for any pay period.  To be considered “active” relative to a particular rank, a Distributor must meet the criteria set forth in the GelMoment Compensation Plan for his or her respective rank.  (See the definition of “Rank” below.)

 

Affiliated Party — A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.

 

Agreement — The contract between the Company and each Distributor includes the Distributor Agreement, the GelMoment Policies and Procedures, the GelMoment Compensation Plan, and the Business Entity Addendum (where appropriate), all in their current form and as amended by GelMoment in its sole discretion.  These documents are collectively referred to as the “Agreement.”

 

Cancel — The termination of a Distributor’s business.  Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.

 

Downline Leg — Each one of the individuals enrolled immediately underneath you and their respective Marketing Organizations represents one “downline leg” or “leg” in your Marketing Organization.

 

External Website — A Distributor’s GelMoment-approved personal website that is hosted on non-GelMoment servers and has no official affiliation with GelMoment.

 

GelMoment Enrollment Package — A package that a Distributor must purchase in order to become a GelMoment Distributor. It includes products, and business support materials, and Distributor replicated website. The package is subject to change without notice.

 

Household — All individuals who are living at or doing business at the same address, and who are related by blood or marriage, or who are living together as a family unit or in a family-like setting.  A household includes, but is not limited to, spouses, heads-of-household, and dependent family members residing in the same residence.

 

Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.

 

Level — The layers of downline Distributors in a particular Distributor’s Marketing Organization.  This term refers to the relationship of a Distributor relative to a particular upline Distributor, determined by the number of Distributors between them who are related by sponsorship.  For example, if A sponsors B, who sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.

 

Marketing Organization — The Distributors sponsored below a particular Distributor, down five (5) Levels.

 

Official GelMoment Material — Literature, audio or video recordings, websites, and other materials developed, printed, published and/or distributed by GelMoment to Distributors.

 

Personal Production — Moving GelMoment products to an end consumer for actual use.

 

Rank — The “title” that a Distributor holds pursuant to the GelMoment Compensation Plan.  “Title Rank” refers to the highest rank a Distributor has achieved in the GelMoment Compensation Plan at any time.  “Paid-As Rank” refers to the rank at which a Distributor is qualified to earn commissions and bonuses during the current pay period.

 

Recruit  — For purposes of GelMoment’s Conflict of Interest Policy (Section 3.13), 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 GelMoment Distributor to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.

 

Replicated Website — A website provided by GelMoment to Distributors which utilizes website templates developed by GelMoment. 

 

Resalable — Products and Sales Tools shall be deemed "Resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and 4) they are returned to GelMoment within one year from the date of purchase.  Any merchandise that is identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be Resalable.

 

Retail Customer — An individual or entity that purchases GelMoment products from a Distributor, but who is not a Distributor, or an immediate household family member of a Distributor. 

 

Retail Sales — Sales to a Retail Customer. 

Sales Tools — Marketing or promotional materials, sales aids, recruitment aids, business marketing or business building services, training material, and/or advertising materials, of any nature that directly or indirectly promote GelMoment products and/or the GelMoment business.

 

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, to rate or to comment or respond to content.  Examples of Social Media include, but are not limited to, blogs, Facebook, Myspace, Twitter, LinkedIn, Delicious, Pinterest, Instagram, and YouTube. 

 

Sponsor — A Distributor who enrolls another Distributor into the Company, and is listed as the Sponsor on the Distributor Agreement.  The act of enrolling others and training them to become Distributors is called “sponsoring.”

 

Upline — This term refers to the Distributor or Distributors above a particular Distributor in a sponsorship line up to the Company.  Conversely stated, it is the line of sponsors that links any particular Distributor to the Company.