OUR COMMITMENT TO PRIVACY
THE INFORMATION WE COLLECT
When you visit our site (“Site”), we collect two types of information: personal information you actively choose to disclose (“Active Information”) and information not visible to you that arises out of your browsing of our Site (“Passive Information”).
Please note that Passive Information is collected on an aggregate and anonymous basis.
1. Personally Identifiable Information
Personally Identifiable Information (“PII”) is information that identifies and is reasonably linked to you.
When you register to become an authorized reseller of our products or services, we will collect PII (which may include, but not limited to, names, address, email address, and telephone numbers). This PII is securely stored and may be accessed on our website. You are assigned an identification number and select your own password – both are needed to enter the Site and to access your Contact Information. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.
When you place an order for products or services, we collect PII (e.g., name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and to communicate the status of your order.
C. Credit and Debit Card Storage
Credit and debit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our Site. However, you may voluntarily elect to securely store multiple credit cards to be used for product orders.
D. Surveys and Promotions
Occasionally, you may voluntarily provide PII to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we’re providing accurate disclosures. We may also use your PII to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the Site.
Active Information You Choose to Provide
In order to gain use of the Site (become a “user”), we require you to disclose the following information: Name, Address and Phone Number.
We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.
2. Passive Information
We store and collect various types of passive information on an aggregate and anonymous basis. This information may include such technical information as it pertains to your Internet protocol address, your device operating system and browser type, cookies, and an address of a referring website or any other path you take to reach our website all described in greater detail below.
This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL”) of the website that referred you to our Site, your Internet Protocol (“IP”) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our Site. Our web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content or our Site in order to make your visit an easy and enjoyable experience.
We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any PII with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other PII under this Privacy Statement.
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a site. They are small pieces of data stored by a user’s browser to simplify subsequent interactions with the site. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.
Our Site utilizes cookies to collect information about how our Site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at our Site, the sites visited just before and just after visiting our Site. If you do not wish to transmit “cookie” information about yourself, you may turn off the cookie function in your web browser.
Our Site’s servers also automatically identify your computer by its Internet Protocol address, which is a unique string of numbers that are assigned to your computer by your Internet Service Provider. The IP address may be used to address problems with our server or to gather broad demographic information about our users. We passively collect your IP Address.
HOW WE USE THE INFORMATION COLLECTED
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our core business functions, such as the fulfillment of orders or services, the furnishing of customer care and support, and supplying the availability of other products or services we think might be of interest to our users.
We use Passive Information to gather information about our users and to enhance our Site to make it easier, faster and friendlier for users. Additionally, cookies help us better understand the usage pattern of the people that visit our Site, which helps us improve our services. Passive Information may result in your viewing of particular advertising based on your user habits.
We reserve the right to use Active and Passive Information in order to prevent, detect and investigate fraud, security breaches, or any other potentially prohibited or illegal activity.
We may use any Active Information or Passive Information provided to contact you about various changes to our Site, new services, features or products we offer. If at any time you do not wish to receive such information, you may “opt-out” of doing so by adjusting your email settings in the back office of the website.
Your Information Relating to Hyperlinks
You might be able to access other websites through our Site via hyperlinks. When you do so, you are subjecting yourself to their privacy policies and data collection. Please read the privacy policies of those sites to ensure you agree with the terms before using such sites.
Receiving and Sharing of Information from and with Third Parties
We reserve the right to receive information about you from other third party sources, that help us update, expand and analyze our records and identify new customers.
Furthermore, we may share Personal Information necessary to the prevention of fraud, illegal activities, and security breaches. Because of this, it’s possible some of your personal information may be shared with fraud prevention agencies. If false or inaccurate information is provided and fraud is identified, details of this fraud may be passed on to these agencies. Likewise, law enforcement and governmental agencies may access and use certain information pursuant to any law, regulation, or subpoena. This applies to information as it relates to both open and closed accounts.
Additionally, third parties who perform services for us as it relates to security, payment, etc. (such as Internet Service Providers, credit card processors, and merchant banks) may also have access to your information in the performance of such necessary services.
Finally, we may disclose anonymous information about user habits to third party advertisers on our Site. Should we buy or sell assets of our company, another company may need to review our company’s assets, which might include your information, to make business decisions as to whether to acquire such assets.
HOW WE SECURE ACTIVE AND PASSIVE INFORMATION
We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss of Active and Passive Information. Individual postings on this Site and other communications to our office via email or standard mail may not be secure unless we advise you that security measures are in place prior to your submission of information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we respectfully request that you do not send or post sensitive information through these means.
Accessing and Correcting Your Information
We take reasonable measures to ensure that any PII we collect on our Site is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct PII provided to us, you may edit your information online.
Protecting Your Information
We acknowledge your trust and are committed to take reasonable steps to protect PII provided from loss, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information. It is your responsibility to safeguard the password you use to access our Site and to promptly advise us if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.
Links to Other Websites
Links to third-party websites may be provided solely for your information and convenience or to provide additional shopping for various other goods and services through our Merchant and Services Partners. If you use these links, you will leave our Site. This Privacy Statement does not cover the information practices of those websites nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Children’s Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child’s online activities. Our Site does not target and is not intended for children under the age of 18, and we will not knowingly collect PII from them. If we discover personal data from a child through our Site, we will eliminate that data. You may learn more about protecting children’s privacy online by visiting: https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy
CHANGES TO THIS POLICY
YOUR USE OF OUR SITE MEANS THAT YOU ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES.
For any additional questions on this Policy, please direct all inquiries to support@APLgo.us.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
9.1 Labeling, Packaging, and Displaying Products
A. An Independent Associate may not re-label, re-package, refill, or alter labels of any APLGO US product or service information, materials or program(s) in any way. Such re-labeling or re-packaging violates federal and state laws, which may result in criminal or civil penalties or liability.
B. An Independent Associate shall not cause any Company product or service or any Company trade name to be sold or displayed in retail establishments, including but not limited to kiosks in malls, during normal business hours.
C. An Independent Associate may sell Company products and services and display the Company trade name at any appropriate display booth (such as trade shows) upon prior written approval from the Company. The request for Company approval may be made by way of email to USA.Compliance@APLgo.us.
D. We reserve the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its products and services.
9.2 Use of Company Names and Protected Materials
A. An Independent Associate must safeguard and promote the good reputation of the Company and the products and services it markets. The marketing and promotion of the Company, the APLGO US opportunity, the Compensation Plan, and its products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
B. All promotional materials supplied or created by Us must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company Compliance Department.
C. The name APLGO US, each of its product and service names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of APLGO US. As such, these marks are of great value to the Company and are supplied to Independent Associates for their use only in an expressly authorized manner.
D. An Independent Associate’s use of the name “APLGO US” is restricted to protect the Company’s proprietary rights, ensuring that the Company protected names will not be lost or compromised by unauthorized use. Use of the APLGO US name on any item not produced by the Company is prohibited except as follows:
I. [Independent Associate’s name] An Independent Associate of APLGO US; or
II. [Independent Associate’s name] Independent Business Owner of APLGO US products and services.
E. Further procedures relating to the use of the APLGO US name are as follows:
I. All stationary (i.e., letterhead, envelopes, and business cards) bearing the APLGO US name or logo intended for use by the Independent Associate must be approved in writing by the Company Compliance Department.
II. APLGO US Independent Associates may list “Independent Associate of APLGO US” in the white pages of the telephone directory under his or her own name.
III. Independent Associates may not use the name “APLGO US,” “APLGO US Corporate,” or “Corporate Office of APLGO US” in answering the telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “APLGO US Independent Associate”.
F. Certain photos and graphic images used by APLGO US in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to Independent Associates. If an Independent Associate wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.
G. An Independent Associate shall not appear on or make use of television or radio or make use of any other media to promote or discuss the Company, its programs, products or services without prior written permission from the Company Compliance Department.
H. An Independent Associate may not produce for sale or distribution any Company event or speech, nor may an Independent Associate reproduce Company audio or video clips for sale or for personal use without prior written permission from the Company Compliance Department.
I. APLGO US reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Independent Associate.
J. An Independent Associate shall not promote non-APLGO US products or services in conjunction with Company products or services on the same websites or same advertisement.
K. Claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by APLGO US may not be made except those contained in official Company literature. In particular, no Independent Associate may make any claim that APLGO US and its marketed products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. As our products which are classified as Dietary Supplements are to be described as being placed in the mouth until dissolved and may not be described as being absorbed “sublingually”. Such statements can be perceived as medical or drug claims. Not only do such claims violate APLGO US policies, but also, they potentially violate federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act.
L. Repackaging is prohibited. An Independent Associate may not print their own labels or repackage APLGO products. Products are to be sold in their original packaging only. For instance, Independent Associates, may not resell individual parts of a kit separately from the original kit packaging unless the Company has established a wholesale price for the individual part. Similarly, Independent Associates may not advertise the use of Acumullit SA ingredients to non-APLGO US products, such as components of a separate product or ingredients in food recipes, without the written consent of the Company.
M. The Independent Associate does not have the right to register domain names containing the following: * words: APL, APLGO, AСUMULLIT SA, EXTRAVAGANZA, ALL-time, FRESH, BLACK OCEAN; *Company’s trademarks, tradenames; *other words/word collocations confusingly similar to the above mentioned (including Company’s colors).
N. The Independent Associate has the right to use images of Company’s products, trademarks, and other APLGO US signs when designing its online pages only upon receipt of the Company’s written consent as much as this is necessary for the
proper fulfillment of this Agreement.
O. The Independent Associate and/or Group agrees to avoid registering trademarks, tradenames and other APLGO US signs that include the Company confusingly similar to those of the Company.
P. The Customer Database is the Company’s property. The Independent Associate is denied of its unauthorized usage.
9.3 Faxes and E-mail Limitations
A. Except as provided in this section, an Independent Associate may not use or transmit unsolicited faxes, email, mass email distribution, or “spamming” that advertises or promotes the operation of the APLGO US business. The exceptions are:
I. Faxes or e-mailing any person who has given prior permission or invitation;
II. Faxing or e-mailing any person with whom the Independent Associate has established a prior business or personal relationship.
B. In all states where prohibited by law, an Independent Associate may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.
C. All faxes, e-mail or computer broadcasted documents subject to this provision shall include each of the following:
I. A clear and obvious identification that the fax or e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;
II. A clear return path or routing information;
III. The use of legal and proper domain name;
IV. A clear and obvious notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;
V. Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
VI. The true and correct name of the sender, valid senders’ fax or e-mail address, and a valid sender physical address;
VII. The date and time of the transmission;
VIII. Upon notification by recipient of his or her request not to receive further faxed or e-mailed documents, an Independent Associate shall not transmit any further documents to that recipient.
D. All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:
I. Use of any third-party domain name without permission; and
II. Sexually explicit materials.
9.4 Internet and Third-Party Website Restrictions
A. An Independent Associate may not use or attempt to register any of APLGO US’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.
B. An Independent Associate cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, be misleading, or deceive individuals into believing that a communication is from, or is the property of APLGO US corporate.
Regarding the registered mark of APLGO US in URLs, examples of improper use include but are not limited to:
III. www.facebook.com/APLGOus; or
IV. Any other derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows:
I. Facebook.com/iloveAPLGO; or
Determination as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of the Company.
C. An Independent Associate may not sell APLGO.US products, services or the APLGO.US opportunity via “online auctions,” such as eBay®, or “online marketplaces” such as Amazon or Etsy. For more information, please see the APLGO.US Online Marketplace Provision pursuant to Section 9.4(R).
D. The Company provides all Independent Associates with one (1) replicated website. APLGO.US replicated website is a personal Independent Associate website that is hosted on Company servers. As for any Independent Associate who wishes to develop its own third-party website (or site not affiliated with the Company and independently owned and operated by the Independent Associate) must seek and receive the Company’s prior written approval before going live with such third-party website. Should the Company grant the Independent Associate approval to use a third-party website, the site must:
a. Identify yourself as an Independent Associate for APLGO.US;
b. Use only the approved images and wording authorized by the Company;
c. Adhere to the branding, trademark, and image usage policies described in this document.
d. Adhere to any other provision regarding the use of a third-party website described in this document;
e. Agree to modify your website to comply with current or future Company policies.
E. All marketing materials used on an Independent Associate’s third-party website must be provided by the Company in writing.
F. To avoid confusion, the following three elements must also be prominently displayed at the top of every page of any third-party website:
1. The APLGO US Independent Associate Logo
2. Your Name and Title
3. APLGO.US Corporate Website Redirect Button
G. An Independent Associate may not use third-party sites that contain materials copied from corporate sources (such as APLGO US brochures, CDs, videos, tapes, events, presentations, and corporate websites). This policy ensures brand consistency, allows Customers and Independent Associates to stay up-to-date with changing products, services and information, facilitates enrollment under the correct Sponsor, and assists in compliance with government regulations.
H. If an Independent Associate who has received authorization to create and post any third-party website has the business voluntarily or involuntarily canceled for any reason, or if the Company revokes authorization allowing the Independent Associate to maintain such a third-party website, the Independent Associate shall assign the URL to the third-party website to the Company within three (3) days from the date of the cancellation and/or re-direct all traffic to the site as directed by the Company. We reserve the right to revoke any Independent Associate’s right to use a third-party website at any time if We believe that such revocation is in the best interest of APLGO US, its Independent Associates, and Customers. Decisions and corrective actions in this area are at the Company’s sole discretion.
I. Social Media sites may be used to market APLGO products. PROFILES AN INDEPENDENT ASSOCIATE GENERATES IN ANY SOCIAL COMMUNITY WHERE APLGO IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE INDEPENDENT ASSOCIATE AS AN APLGO INDEPENDENT ASSOCIATE, and when an Independent Associate participates in those communities, he or she 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 the Company’s sole discretion, and offending Independent Associates will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the APLGO US approved library. If a link is provided, it must link to the posting Independent Associate’s replicated website or an approved third-party website.
J. Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Independent Associates will be subject to disciplinary action.
K. Independent Associates may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Independent Associates create or leave must be useful, unique, relevant and specific to the blog’s article.
L. Independent Associates must disclose their full name on all Social Media postings, and conspicuously identify themselves as an Independent Associate for APLGO US. Anonymous postings or use of an alias is prohibited.
M. Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the APLGO US income opportunity, the Company products and services, and/or your biographical information and credentials.
N. Independent Associates are personally responsible for their postings and all other online activity that relates to APLGO US. Therefore, even if an Independent Associate does not own or operate a blog or Social Media site, if an Independent Associate posts to any such site that relates to APLGO US or which can be traced to the Company, the Independent Associate is responsible for the posting. Independent Associates are also responsible for postings which occur on any blog or Social Media site that the Independent Associate owns, operates, or controls.
O. The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust, APLGO US therefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that Independent Associates using, or who wish to use, such sites adhere to the APLGO US’s policies relating to third-party websites.
P. If your APLGO US business is cancelled for any reason, you must discontinue using the Company name, and all of the Company’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an independent Associate of APLGO US, you must conspicuously disclose that you are no longer an APLGO US Independent Associate.
Q. Failure to comply with these Policies for conducting business online may result in the Independent Associate losing their right to advertise and market Company products, services and the APLGO US opportunity online or any other disciplinary action available under the Policies and Procedures.
R. APLGO US predicates its business on in-home and event sales. Therefore, face-to-face interactions with Customers and Independent Associates are critical to one’s individual success in this business. Because of this, APLGO US has a strict approach to online marketplace sales via eBay or Etsy. The Company does not allow an Independent Associate to sell any APLGO US products on eBay, Etsy or Facebook Marketplace (collectively known as “Online Marketplaces”). During the term of your contract as an Independent Associate, you are allowed to maintain a profile on any of these Online Marketplaces, but must refrain completely from selling or offering Company products. This same policy applies to other third-party sites by which an Independent Associate could sell APLGO US products.
9.5 Advertising and Promotional Materials
A. No special enticement advertising is allowed. This includes, but is not limited to, offers of a free business, free product packages, or other such offers that grant advantages beyond those available through the Company.
B. Advertising and all forms of communications must adhere to principles of honesty and propriety.
C. All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the Company Compliance Department.
D. All requests for approvals with respect to advertising must be directed in writing to the Company Compliance Department.
E. APLGO US approval is not required to place blind ads that do not mention APLGO US, its employees, any of its products, services, designs, symbols, programs, and trademarked, copyrighted, or otherwise protected materials.
F. APLGO US reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations and may require the removal of such advertisements from the marketplace without obligation to the affected Independent Associate.
9.6 Testimonial Permission
By signing the Independent Associate Agreement, you give us permission to use your testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the APLGO US opportunity, you waive any right to be compensated for the use of your testimonial or image and likeness even though the Company may be paid for items or sales materials containing such image and likeness. In some cases, an Independent Associate’s testimonial may appear in another Independent Associate’s advertising materials. If an Independent Associate does not wish to participate in APLGO US sales and marketing materials, he or she should provide a written notice to the Company Compliance Department to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
9.7 Telemarketing Limitations
A. An Independent Associate must not engage in telemarketing in relation to the operation of his or her APLGO US business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of APLGO US products or services, or to recruit them for the APLGO US opportunity.
B. The Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both federal agencies, as well as a number of states have “do not call” regulations as part of their telemarketing laws.
C. While an Independent Associate may not consider herself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the Federal “Do Not Call” registry could cause the Independent Associate to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
D. “Cold calls” or “state-to-state calls” made to prospective Customers or Independent Associates that promote either APLGO US products, services or the APLGO US opportunity is considered telemarketing and is prohibited.
E. Exceptions to Telemarketing Regulations. An Independent Associate may place telephone calls to prospective Customers or Independent Associates under the following limited situations:
I. If the Independent Associate has an established business relationship with the prospect;
II. In response to the prospect’s personal inquiry or application regarding a product or service offered by the Independent Associate within three (3) months immediately before the date of such a call;
III. If the Independent Associate receives written and signed permission from the prospect authorizing the Independent Associate to call;
IV. If the call is to family members, personal friends, and acquaintances. However, if an Independent Associate makes a habit of collecting business cards from everyone he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption;
V. An Independent Associate engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.
F. An Independent Associate shall not use automatic telephone dialing systems in the operation of her APLGO US businesses.
G. Failure to abide by Company policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Independent Associate’s business, up to and including termination of the business.
H. By signing the Independent Associate Agreement, or by accepting commission checks, other payments or awards from APLGO US, an Independent Associate gives permission to APLGO US and other Independent Associates to contact them as permitted under the Federal Do Not Call regulations.
I. In the event an Independent Associate violates this section, we reserve the right to institute legal proceedings to obtain monetary or equitable relief.
10.0 CHANGES TO AN INDEPENDENT ASSOCIATE’S BUSINESS
10.1 Modification of the Independent Associate Agreement
An Independent Associate may modify the existing Independent Associate Agreement (i.e., change a social security number to a Federal ID number, add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Independent Associate) by submitting a written request, accompanied by a new Independent Associate Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.
10.2 Change Sponsor or Placement for Inactive Independent Associate
A. At the discretion of APLGO US, Independent Associates who neither sold nor purchased products for at least six (6) months, and who have not tendered a letter of resignation, are eligible to re-enroll in the Company under the Sponsor/Placement of their choice.
B. Upon written notice to the Company that a former Independent Associate wishes to re-enroll, APLGO US will “compress” (close) the original account. A new Independent Associate ID number will then be issued to the former Independent Associate.
C. Such Independent Associate does not retain former rank, downline, or rights to commission checks from the former organizations.
D. The Company reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
10.3 Change Organizations
A. If an Independent Associate wishes to transfer organizations, he or she must submit a letter of resignation to the Company Customer Service Department and remain inactive (neither buy or sell) with or in APLGO US for twelve (12) months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.
B. The Company retains the right to approve or deny any request to re-enroll after an Independent Associate’s resignation.
C. If re-enrollment is approved, the former Independent Associate will be issued a new Independent Associate ID number and will be required to submit a new Independent Associate Agreement. The Independent Associate will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.
D. Transfers may not be done outside of the original organization.
10.4 Unethical Sponsoring
A. Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Independent Associate from another Independent Associate or influencing another Independent Associate to transfer to a different sponsor.
B. Allegations of unethical sponsoring must be reported in writing to the Company Compliance Department within the first 90 days of enrollment. If the reports are substantiated, APLGO US may transfer the Independent Associate or the Independent Associate’s downline to another sponsor, Placement or organization without approval from the current up-line Sponsor or Placement Independent Associates. The Company remains the final authority in such cases.
C. APLGO US prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the Company compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Independent Associate in an unearned manner. One example of stacking occurs when a Sponsor places participants under an inactive downline without his or her knowledge in order to trigger unearned qualification for commissioning. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent consultant positions of all individuals and/or entities found to be directly involved.
D. Should Independent Associates engage in solicitation and/or enticement of members of another direct sales company to sell or distribute APLGO US products and services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Independent Associate alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, the Company will not pay any of the Independent Associate’s defense costs or legal fees, nor will the Company indemnify the Independent Associate for any judgment, award, or settlement.
10.5 Sell, Assign or Delegate Ownership
A. To preserve the integrity of the hierarchical structure, it is necessary for APLGO US to place restrictions on the transfer, assignment, or sale of a business.
B. An Independent Associate may not sell or assign rights or delegate the position as an Independent Associate without prior written approval by the Company, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of the Company.
C. Should the sale be approved by the Company, the Buyer assumes the position of the Seller at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.
D. To request corporate authorization for a sale or transfer of an APLGO US business, the following items must be submitted to the Company Compliance Department:
I. A Sale/Transfer of Business Form properly completed, with the requisite signatures.
II. A copy of the Sales Agreement signed and dated by both Buyer and Seller.
III. An Independent Associate Agreement completed and signed by the Buyer;
IV. Payment of the $100 administration fee;
V. Any additional supporting documentation requested by the Company.
E. Any debt obligations that either Seller or Buyer may have with APLGO US must be satisfied prior to the approval of the sale or transfer by the Company.
F. An Independent Associate who sells his or her business is not eligible to re-enroll as an Independent Associate in any organization for twelve (12) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.
10.6 Separating an Independent Associate’s APLGO US Business
A. Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:
I. One of the parties may, with the written consent of the other(s), operate the APLGO US business whereby the relinquishing Spouse, shareholders, partners, members or trustees authorize the Company to deal directly and solely with the other Spouse, non-relinquishing shareholder, partner, member or trustee;
II. The parties may continue to operate the APLGO US business jointly on a “business as usual” basis, whereupon all compensation paid by the Company will be paid in the name designated as the Independent Associate or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, APLGO US will pay compensation to the name on record and in such event, the Independent Associate named on the account shall indemnify APLGO US from any claims from the other business owner(s) or the other Spouse with respect to such payment.
B. The Company recognizes only one Downline organization and will issue only one commission check per APLGO US business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will APLGO US split commission and/or bonus checks.
C. If a relinquishing Spouse, partner or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original APLGO US business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Independent Associate or active Customer in the former organization, and must develop a new business in the same manner as any other new Independent Associate. An Independent Associate in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 12.5.
A. Upon the death or incapacity of an Independent Associate, the Independent Associate’s business may be passed on to his or her legal successors in interest (successor). Whenever an APLGO US business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Independent Associate’s sales organization. The successor must:
I. Complete and sign a new Independent Associate Agreement;
II. Comply with the terms and provisions of the Independent Associate Agreement; and
III. Meet all of the qualifications for the last rank achieved by the former Independent Associate.
B. Bonus and commission checks of an APLGO US business transferred based on this section will be paid in a single check to the successor. The successor must provide the Company with an “address of record” to which all bonus and commission Payments will be sent. Payments will be based on the current performance of the business, not the highest rank or volume achieved.
C. If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a Federal taxpayer identification number. APLGO US will issue all bonus and commission payments and one 1099 Miscellaneous Income Tax form to the managing business entity only.
D. Appropriate legal documentation must be submitted to the Company Compliance Department to ensure the transfer is done properly. To affect a testamentary transfer of an APLGO business, the successor must provide the following to the Company Compliance Department:
I. A certified copy of the death certificate; and
II. A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the APLGO US business.
E. To complete a transfer of the APLGO US business because of incapacity, the successor must provide the following to the Company Compliance Department:
I. A notarized copy of an appointment as trustee;
II. A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the APLGO US business; and
III. A completed Independent Associate Agreement executed by the trustee.
F. If the successor is already an existing Independent Associate, the Company will allow such Independent Associate to keep his or her own business plus the inherited business active for up to six (6) months. By the end of the 6-month period, the Independent Associate must have compressed (if applicable), sold or otherwise transferred either the existing business or the inherited business.
G. If the successor wishes to terminate the APLGO US business, he or she must submit a notarized statement stating the desire to do so, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.
H. Upon written request, APLGO US may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.
10.8 Resignation/Voluntary Cancellation
A. An Independent Associate may immediately terminate his or her business by submitting a written notice or email to the Company Compliance Department. The written notice must include the following:
I. The Independent Associate’s intent to resign;
II. Date of resignation;
III. APLGO US Identification Number;
IV. Reason for resigning; and
B. An Independent Associate may not use resignation or voluntary cancellation as a way to immediately change Sponsor and Placement. Instead, the Independent Associate who has voluntarily resigned is not eligible to reapply for a business or have any financial interest in any APLGO US business for six (6) months from the receipt of the written notice of resignation.
C. Following any voluntary cancellation, an Independent Associate:
I. Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Independent Associate’s former organization or any other payments in association with the Independent Associate’s former independent business;
II. Effectively waives any and all claims to property rights or any interest in or to the Independent Associate’s former downline organization;
III. Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to the Company.
10.9 Involuntary Termination
A. APLGO US reserves the right to terminate an Independent Associate’s business for, but not limited to, the following reasons:
I. Violation of any terms or conditions of the Independent Associate Agreement;
II. Violation of any provision in these Policies and Procedures;
III. Violation of any provision in the Compensation Plan;
IV. Violation of any applicable law, ordinance, or regulation regarding the APLGO US business;
V. Engaging in unethical business practices or violating standards of fair dealing; or
VI. Returning over $400 worth of products, services and/or sales tools for a refund within a twelve (12) month period.
B. APLGO US will notify the Independent Associate in writing at the last known address of the intent to terminate the Independent Associate’s business and the reasons for termination. The Independent Associate will then have seven (7) calendar days from the date of such notice to appeal the termination in writing. APLGO US must receive the Independent Associate’s written appeal within seven (7) calendar days of the date of the termination letter. If the written appeal is not received within this time period, the termination will be considered final.
C. If the Independent Associate does file a timely appeal of termination, the Company will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Independent Associate of its decision. The decision of the Company is then considered final and not subject to further review.
D. If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by the Company. The former Independent Associate shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any APLGO US products or services. The Company will notify the active Upline Sponsor of the termination, and the organization of the terminated Independent Associate will “roll up” to the active Upline Sponsor on record.
E. The Independent Associate who is involuntarily terminated by the Company may not reapply for a business, either under the present name or any other name or entity, without the express written consent of an officer of APLGO US. In any event, such Independent Associate may not re-apply for a business for twelve (12) months from the date of termination.
11.0 DISCIPLINARY SANCTIONS
11.1 Imposition of Disciplinary Action - Purpose
It is the spirit of APLGO US that integrity and fairness should pervade among its Independent Associates, thereby providing everyone with an equal opportunity to build a successful business. Therefore, We reserve the right to impose disciplinary sanctions at any time, when We determine that an Independent Associate has violated the Agreement, any of these Policies and Procedures, or the Compensation Plan as may be amended from time to time by the Company.
11.2 Consequences and Remedies of Breach
A. Disciplinary actions may include one or more of the following:
I. Monitoring an Independent Associate’s conduct over a specified period of time to assure compliance;
II. Issuance of a written warning or requiring the Independent Associate to take immediate corrective action;
III. Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until the Company receives adequate additional assurances from the Independent Associate to ensure future compliance;
IV. Suspension from participation in Company or Independent Associate-related events, rewards, or recognition;
V. Suspension of the Independent Associate Agreement and your business for one or more pay periods;
VI. Involuntary termination of the Independent Associate Agreement and your business;
VII. Any other measure which We deem feasible and appropriate to justly resolve injuries caused by the Independent Associate’s violation or contractual breach; OR
VIII. Legal proceedings for monetary or equitable relief.
12.0 DISPUTE RESOLUTION
A. If an Independent Associate has a grievance or complaint against another Independent Associate regarding any practice or conduct relating to their respective APLGO US businesses, the Independent Associate is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the Company Compliance Department as outlined below.
B. The Compliance Department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Independent Associates involved.
C. APLGO US will confine its involvement to disputes regarding APLGO US’s business matters only. We will not decide issues that involve personality conflicts or unprofessional conduct by or between Independent Associates outside the context of Company business. These issues go beyond the scope of the Company and may not be used to justify a Sponsor, placement change or transfer.
D. APLGO US does not consider, enforce, or mediate third party agreements between Independent Associates, nor does it provide names, funding, or advice for obtaining outside legal counsel.
E. Process for Grievances:
I. An Independent Associate should submit a written letter of complaint (e-mail will not be accepted) directly to the Company Compliance Department. The letter shall set forth the details of the incident as follows:
a. The nature of the violation and specific facts to support such allegations;
b. Dates and the number of occurrences;
c. Persons involved; and
d. Any other supporting documentation.
II. Upon receipt of the written complaint, the Company will conduct a general investigation.
F. The Company will make a final decision and timely notify the Independent Associates involved.
A. Any controversy or claim arising out of or relating to the Agreement and/or these Policies and Procedures (or the breach thereof), your business or any other dispute between the Company and you, shall be settled by binding and confidential arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be held in St. Petersburg, Florida. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
B. The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
C. This agreement to arbitration shall survive any termination or expiration of the Agreement.
D. Nothing in these Policies and Procedures shall prevent APLGO US from applying for or obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect the Company’s interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
E. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
F. These Policies and Procedures and any arbitration involving an Independent Associate and the Company shall be governed by and construed in accordance with the laws of the State of Florida, without reference to its principles of conflict of laws.
A. In any case which arises from or relates to the wrongful termination of the Independent Associate Agreement and/or an Independent Associate’s APLGO US business, the Company and Independent Associate agree that damages will be extremely difficult to ascertain. Therefore, the Company and Independent Associate stipulate that if the involuntary termination of the Independent Associate Agreement and/or loss of the Independent Associate’s APLGO US business is proven and held to be wrongful under any theory of law, the Independent Associate’s sole remedy shall be liquidated damages calculated as follows:
I. For Independent Associate’s at the “Paid As” rank of Corporate Director, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the APLGO US Compensation Plan in the twelve (12) months immediately preceding the termination.
II. For Independent Associate’s at the “Paid As” rank of Ambassador or above, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the APLGO US Compensation Plan in the twenty-four (24) months immediately preceding the termination.
B. In any action arising from or relating to the Agreement, the APLGO US business, or the relationship between the Company and Independent Associate, both 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 Company and Independent Associate further waive all claims to exemplary and punitive damages.
If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
A. Only an officer of APLGO US can, in writing, affect a waiver of these Policies and Procedures. The Company’s waiver of any particular breach by an Independent Associate shall not affect Our rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Independent Associate.
B. The existence of any claim or cause of action of an Independent Associate against the Company shall not constitute a defense to Our enforcement of any term or provision found in these Policies and Procedures.
12.6 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
13.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Florida and the exclusive jurisdiction of the United States courts.
14.0 GLOSSARY OF TERMS
ACTIVE INDEPENDENT ASSOCIATE: An Independent Associate who satisfies the minimum volume requirements as defined in the Compensation Plan to ensure eligibility for commissions and bonuses.
AGREEMENT: The contract between the Company and each Independent Associate, which includes: the Independent Associate Agreement, these Policies and Procedures, and the Company Compensation Plan, all in their current form and as amended by the Company in the future. These documents are collectively referred to as the “Agreement.”
INDEPENDENT ASSOCIATE: An individual who purchases product, generates retail sales and business building commissions.
CANCEL: The termination of an Independent Associate’s business. Cancellation may be either voluntary or involuntarily.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Independent Associates can generate commissions and bonuses.
CUSTOMER: A Customer who purchases APLGO US products and does not engage in the retailing of product or the building of a business.
LINE OF SPONSORSHIP (LOS): A report generated by APLGO US that provides critical data relating to the identities of Independent Associates, sales information, and enrollment activity of each Independent Associate’s organization. This report contains confidential and trade secret information which is proprietary to APLGO US.
ORGANIZATION: The Customers and Independent Associates placed below a particular Independent Associate.
OFFICIAL COMPANY MATERIALS: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by APLGO US to its Independent Associates.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of the Company’s Conflict of Interest policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Customer or Independent Associate to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
RESALABLE: Products shall be deemed “resalable” if each of the following elements is satisfied: (i) the products remain unopened and unused; (ii) the original product packaging and labelling is unaltered and free from damage; (iii) the products are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and (iv) the product contains current APLGO US labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
SPONSOR: An Independent Associate who enrolls a Customer or another Independent Associate into the Company, and is listed as the Sponsor on the Independent Associate Agreement. The act of enrolling others and training them to become Independent Associate is referred to as “sponsoring.”
UPLINE: This term refers to the Independent Associate(s) above a particular Independent Associate in a sponsorship line up to the Company. It is the line of sponsors that links any particular Independent Associate to the Company.