Effective October 15, 2023
- SECTION 1: MISSION STATEMENT
- SECTION 2: INTRODUCTION
- SECTION 3: BECOMING AN ASSOCIATE
- SECTION 4: OPERATING AN APLGO BUSINESS
- SECTION 5: RESPONSIBILITIES OF ASSOCIATES
- SECTION 6: SALES REQUIREMENTS
- SECTION 7: BONUSES AND COMMISSIONS
- SECTION 8: PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
- SECTION 9: DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
- SECTION 10: PAYMENTS
- SECTION 11: INACTIVITY AND TERMINATION
Active Customer: A Prime or Retail Customer who purchases APLGO products during a particular month.
Active Associate: An Associate who satisfies the minimum Personal Sales Volume requirements, as set forth in the APLGO Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.
Active Rank: The term “active rank” refers to the current rank of an Associate, as determined by the APLGO Compensation Plan, for a particular pay period. To be considered “active” relative to a particular rank, an Associate must meet the criteria set forth in the APLGO 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 Associate includes the Associate Application and Agreement Terms and Conditions, the APLGO Policies and Procedures, the APLGO Compensation Plan, and the Business Entity Registration Form (where appropriate), all in their current form and as amended by APLGO in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel: The termination of an Associate’s business. Termination may be either voluntary, involuntary, through non-renewal or inactivity.
Downline: Your downline (or downline organization) consists of the Associates you personally enroll or sponsor (your first level Associates), the Associates that first level Associates enroll or sponsor, as well as the Associates that are subsequently enrolled or sponsored beneath them.
Downline Leg: Each one of the individuals personally-enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
Enroll: The act of introducing a prospective Associate to APLGO and assisting him or her to execute an Associate Application and Agreement and thereby become an APLGO Associate. (Also see the definition of “Sponsor.”) These activities are called “enrolling.”
Enroller: The person who enrolls a prospective Associate into APLGO.
Group Volume: The commissionable value of products purchased by the Customers and Associates in the downline of a particular Associate.
Immediate Household: Spouses, heads-of-household, and dependent family members residing in the same residence.
Level: The layers of downline Customers and Associates in a particular Associate’s downline. This term refers to the relationship of an Associate relative to a particular upline Associate, determined by the number of Associates between them who are related by sponsorship. For example, if A enrolls B, who enrolls C, who enrolls D, who enrolls E, then E is on A’s fourth level.
Official APLGO Material: Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by APLGO to Associates.
Personal Volume: The commissionable value of products purchased by: (1) an Associate; (2) the Associate’s personally-enrolled Prime Customers; and (3) the Associate’s personal Retail Customers who purchase from the Associate’s APLGO replicated website.
Rank: The “title” that an Associate holds pursuant to the APLGO Compensation Plan. “Title Rank” refers to the highest rank an Associate has achieved in the APLGO compensation plan at any time. “Paid As” rank refers to the rank at which an Associate is qualified to earn commissions and bonuses during the current pay period.
Recruit: For purposes of APLGO’s Conflict of Interest Policy (Section 4.11), 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 APLGO Associate or Customer to enroll or participate in another multi-level marketing, network marketing or direct sales opportunity.
Replicated Website: A website provided by APLGO to Associates which utilizes website templates developed by APLGO.
Resalable: Products and Sales aids 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; 4) it is returned to APLGO within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued, or as a seasonal item, shall not be resalable.
Retail Customer: An individual who purchases APLGO products from or through an Associate but who is neither a participant in the APLGO compensation plan nor a Prime Customer.
Retail Sales: Sales to a Retail Customer.
Social Media: Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, Myspace, Twitter, LinkedIn, Delicious, and YouTube.
Sponsor: An Associate who enrolls a Prime Customer or another Associate into the Company and is listed as the Sponsor on the Associate Application and Agreement. The act of enrolling others and training them to become Associates is called “enrolling.”
Upline: This term refers to the Associate or Associates above a particular Associate in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Associate to the Company.
SECTION 1: MISSION STATEMENT
The mission of APLGO is to change lives for the better.
We are more than just a business. We are a team that helps those with whom we work to become the best version of themselves. And those with whom we work become people who deserve a round of applause.
SECTION 2: INTRODUCTION
2.1 Purpose of the Associate Agreement and the Policies and Procedures
The purposes of the Associate Agreement and the Policies and Procedures include the following:
To assist Associates in building and protecting their businesses.
To protect APLGO and its Associates from legal and regulatory risks;
To establish standards of acceptable behavior;
To set forth the rights, privileges, and obligations of APLGO and its Associates;
and to define the relationship between APLGO and its Associates.
2.2 Policies and Procedures Incorporated into Associate Agreement
These Policies and Procedures, in their present form and as amended by APLGO US, LLC (hereafter “APLGO” or the “Company”), are incorporated into, and form an integral part of, the APLGO Independent Associate Application and Agreement (“Associate Agreement”). It is the responsibility of each Associate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the APLGO Associate Application and Agreement (including the Terms and Conditions), these Policies and Procedures, and the APLGO Business Entity Registration Form (if applicable). These documents are incorporated by reference into the APLGO Associate Agreement (all in their current form and as amended by APLGO). In the event that the Business Entity Registration Form is not submitted by an entity that enrolls as an Associate within sixty (60) days of its date of enrollment, APLGO is authorized to and shall withhold any and all compensation to which the Associate is due from APLGO until a properly completed Business Entity Registration Form is submitted to it.
2.3 Changes to the Agreement
APLGO reserves the right to amend the Agreement, the Compensation Plan, and its prices in its sole and absolute discretion. By executing the Associate Agreement, an Associate agrees to abide by all amendments or modifications that APLGO elects to make. Amendments shall be effective thirty (30) days after publication of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (email); (3) posting in Associates’ BackOffices; (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of an Associate’s APLGO business, the acceptance of any benefits under the Agreement, or an Associate’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
2.4 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.
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 APLGO to exercise any right or power under the Agreement or to insist upon strict compliance by an Associate 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 APLGO’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an Associate against APLGO shall not constitute a defense to APLGO’s enforcement of any term or provision of the Agreement.
2.6 Company Use of Information
By submitting an Associate Application and Agreement that is accepted by APLGO, the Associate consents to allow APLGO, its affiliates, and any related company to: (a) process and utilize the information submitted in the Associate Application and Agreement (as amended from time to time) for business purposes related to the APLGO business; and (b) disclose, now or in the future, such Associate information to companies which APLGO may, from time to time, deal with to deliver information to an Associate to improve its marketing, operational, and promotional efforts. An Associate has the right to access his or her personal information via his or her respective BackOffice, and to submit updates thereto.
SECTION 3: BECOMING AN ASSOCIATE
3.1 Requirements to Become an Associate
To become an APLGO Associate, each applicant must:
Be at least 18 years of age;
Reside in the United States or U.S. Territories or country that APLGO has officially announced is open for business;
Provide APLGO with his/her valid Social Security or Federal Tax ID number;
Purchase an APLGO Business Kit (optional for residents of North Dakota); and
Submit a properly completed Associate Application and Agreement to APLGO in online format.
APLGO reserves the right to accept or reject any Associate Application and Agreement for any reason or for no reason.
A person who is recognized as a minor in his or her jurisdiction of residence may not be an Associate. An Associate shall not enroll or recruit minors or anyone unable to legally form a contract to become an Associate. Notwithstanding the foregoing, a minor over the age of 16 who desires to become an Associate must: (a) obtain a parent’s or guardian's signature on the Associate Agreement; (b) be sponsored by or added to his or her parent’s or guardian’s Associate’s business if the Parent or guardian of the minor is an Associate; and (c) must not be a signatory in any Associate’s business other than a parent’s or guardian’s Associate’s business. The company reserves the right to request additional forms of identification at any time, if it suspects the account may be involved in any activity that would otherwise be unethical. APLGO reserves the right to withhold commission payments from any Associate who fails to provide such information or who provides false information.
3.2 Enrollment Fee and Product Purchases
With the exception of an Enrollment Fee, no person is required to purchase APLGO products or sales aids, or to pay any charge or fee to become an Associate. In order to familiarize new Associates with APLGO products, sales techniques, sales aids, and other matters, the Company recommends that they review all documents sent to them upon enrollment. APLGO will repurchase products in resalable condition from any Associate who terminates his or her Associate Agreement pursuant to the terms of Section 8.3.
3.3 Associate Benefits
Once an Associate Application and Agreement has been accepted by APLGO, the benefits of the Compensation Plan and the Associate Agreement are available to the new Associate. These benefits include the right to:
Sell APLGO products;
Participate in the APLGO Compensation Plan (receive bonuses and commissions, if eligible);
Sponsor other individuals as Associates or Prime Customers into the APLGO business and thereby, build a marketing organization and progress through the APLGO Compensation Plan;
Receive periodic APLGO literature and other APLGO communications;
Participate in APLGO-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
Participate in promotional and incentive contests and programs sponsored by APLGO for its Associates.
3.4 Term and Renewal of Your APLGO Business
The Agreement shall remain in full force and effect unless and until it is terminated by one of the parties.
SECTION 4: OPERATING AN APLGO BUSINESS
4.1 Adherence to the APLGO Compensation Plan
Associates must adhere to the terms of the APLGO Compensation Plan as set forth in official APLGO literature. Associates shall not offer the APLGO opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official APLGO literature. Associates shall not require or encourage other current or prospective Customers or Associates to execute any agreement or contract other than official APLGO agreements and contracts in order to become an APLGO Associate. Similarly, Associates shall not require or encourage other current or prospective Customers or Associates to make any purchase from, or payment to, any individual or other entity to participate in the APLGO Compensation Plan other than those purchases or payments identified as recommended or required in official APLGO documents or literature.
All Associates shall safeguard and promote the good reputation of APLGO and its products. The marketing and promotion of APLGO, the APLGO opportunity, the Compensation Plan, and APLGO products must avoid all discourteous, deceptive, misleading, unethical or immoral, or illegal conduct or practices.
To promote both the products and the tremendous opportunity APLGO offers, Associates must use the sales aids, business tools, and support materials produced or approved by APLGO. The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.
Accordingly, Associates may only advertise or promote their APLGO business using approved tools, templates or images acquired through APLGO. No approval is necessary to use these approved tools. If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the APLGO advertising department (firstname.lastname@example.org) for consideration and inclusion in the template/image library. Unless you receive specific written approval from APLGO to use such tools, the request shall be deemed denied. Go to the Template Library tab in your BackOffice for guidelines and to access the library.
4.2.2 Trademarks and Copyrights
The name of APLGO and other names as may be adopted by APLGO are proprietary trade names, trademarks and service marks of APLGO (collectively “marks”). As such, these marks are of great value to APLGO and are supplied to Associates for their use only in an expressly authorized manner. APLGO will only allow the limited non-exclusive use of its marks, designs, or symbols, or any derivatives thereof, solely by an Associate in the furtherance or operation of his or her APLGO business, consistent with these Policies and Procedures. APLGO will not allow the use of its marks, designs, or symbols, or any derivatives thereof, by any person, including APLGO Associates, in any manner without its prior, written permission.
The content of all Company sponsored events is copyrighted material. Associates may not produce for sale or distribution any recorded Company events and speeches without written permission from APLGO, nor may Associates reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As an independent Associate, you may use the APLGO name in the following manner:
Independent APLGO Associate
Independent APLGO Associate
Associates may not use the name APLGO in any form in your team’s name, a tagline, an external website name, your personal website address or extension, in an email address, as a personal name, or as a nickname. Additionally, only use the phrase Independent APLGO Associate in your phone greeting or on your answering machine to clearly separate your independent APLGO business from APLGO, LLC. For example, you may not secure the domain name www.buyAPLGO.com, nor may you create an email address such as APLGOsales@hotmail.com.
18.104.22.168 Independent APLGO Associate Logo
If you use an APLGO logo in any communication, you must use the Independent Associate version of the APLGO logo. Using any other APLGO logo requires written approval. Approved logos and images can be found in the APLGO Associate BackOffice.
4.2.3 Media and Media Inquiries
Associates must not attempt to respond to media inquiries regarding APLGO, its products or their independent APLGO business. All inquiries by any type of media must be immediately referred to the Compliance Department of APLGO. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
4.2.4 Unsolicited Email
APLGO does not permit Associates to send unsolicited commercial emails unless such emails strictly comply with applicable state and federal laws and regulations including, without limitation, the federal CAN SPAM Act. The CAN-SPAM Act regulates the transmission of all commercial email messages, not just unsolicited messages. A commercial email message is defined as any email that has a “primary purpose of commercial advertisement or promotion of a commercial product or service.” This includes commercial emails sent to business email accounts, as well as those sent to individual consumers.
22.214.171.124 Requirements for All Commercial Email Messages
The Mailing List
The mailing list may include only persons who have affirmatively agreed (opted in) to receive commercial email from you.
The mailing list must not include any recipient who has previously asked not to receive commercial email from the business (opted out).
You must “scrub” the mailing list against the available “do not email” list at the last possible, commercially reasonable moment before the email is sent.
The Email Message
The message must include complete and accurate transmission and header information.
The “From” line must identify your business as the sender. This does not have to include your business’s formal name, if any. For example, it may contain your business’s name, trade name, or product or service name. The key requirement is that the “From” line provides the recipient with enough information to understand who is sending the message.
The “Subject” line must accurately describe the message’s content.
The message must clearly include the business’s valid, current physical postal address. This address can be a:
Street address, post office box that the business has accurately registered with the US Postal Service, or private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.
The message must disclose that it is an advertisement or solicitation unless the email message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
There must be a functioning return email address to the sender. The use of deceptive subject lines and/or false header information is prohibited.
The Opt-out Mechanism
- The message must clearly explain that the recipient may opt-out of receiving future commercial messages from the business.
The message must include either an email address or other online mechanism that the recipient may use for this opt-out. The mechanism must not require the recipient to:
Do anything more than reply to the email or visit a single web page to opt-out;
Make any payment or submit any personal information, including account information (other than email address), to opt-out; and
The opt-out mechanism must work for at least 30 days after the email is sent.
You must ensure that the explanation of how a recipient can opt-out is easy to read and understand.
You may include a menu of opt-out options that permit the recipient to select the types of commercial messages the recipient would like to continue receiving. However, one option must permit opting out of all commercial messages from you.
You must honor all opt-out requests within ten business days.
Opt-out requests do not expire. An opt-out is overridden only by the recipient’s subsequent express (opt-in) request to receive commercial email.
All opt-out requests, whether received by email or regular mail, must be honored. If you receive an opt-out request from a recipient of an email, you must forward the opt-out request to the Company.
You may not sell, share or use a business’s opt-out list for any reason other than to comply with the law.
Monitoring Opt-out Capabilities:
If you use a third-party service provider you must implement procedures to ensure that your opt-out capabilities actually work. An example of a basic procedure to test the opt-out procedure is as follows:
Establish email accounts with several major private email account providers (for example, Gmail, Yahoo, Hotmail, AOL, and so on) and add these email addresses to the business’s mailing list. For each email address created for monitoring purposes, use the business’s opt-out mechanism to remove the email address from the mailing list.
Repeat this procedure on a regular basis (for example, at least every two weeks).
Examine the email received by the monitoring email account to confirm that the: the opt-out mechanism works; the opt-out request is honored within 10 business days; and the monitoring email account no longer receives commercial messages from the business.
If the monitoring and testing process reveals problems, the business should immediately fix the issues.
Third-party Marketing Affiliates or Service Providers:
When using third-party service providers, including affiliate marketers
you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the CAN-SPAM Act and includes appropriate and adequate remedies for noncompliance.
126.96.36.199 Additional Requirements for Email Messages Sent to Wireless Devices
When sending commercial messages to wireless devices:
Ensure that you have the recipient’s prior, affirmative consent (opt in) to send the commercial message. The consent can be oral, written or electronic.
Ask for consent in a way that involves no cost to the recipient, for example:
Do not send the request to the wireless device; and
Allow the recipient to respond in a way that involves no cost (such as an online, email or postal mail sign-up).
When seeking consent, make it clear that the recipient:
Is agreeing to receive commercial email on his wireless device;
May be charged to receive the email; and
Can revoke his consent at any time.
188.8.131.52 Commercial Email Messages Sent on Behalf of Associates
APLGO may periodically send commercial emails on behalf of Associates. By entering into the Associate Agreement, Associate agrees that the Company may send such emails and that the Associate’s physical and email addresses will be included in such emails as outlined above. Associates shall honor opt-out requests generated as a result of such emails sent by the Company.
4.2.5 Unsolicited Faxes
Except as provided in this section, Associates may not use or transmit unsolicited faxes in connection with their APLGO business. The term "unsolicited faxes'' means the transmission via telephone facsimile or computer of any material or information advertising or promoting APLGO, 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 Associate has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two-way communication between an Associate and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Associate; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
4.2.6 Telephone Directory Listings
Associates may list themselves as an “Independent APLGO Associate'' in a telephone directory or online directories, under their own name. No Associate may place telephone or online directory display ads using the APLGO name or logo. Associates may not answer the telephone by saying “APLGO”, “APLGO Incorporated'', or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of APLGO. If an Associate wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
Independent APLGO Associate
4.2.7 Television and Radio Advertising
Associates may not advertise on television and radio except with the express written approval of APLGO.
4.2.8 Advertised Prices
Associates may not create their own marketing or advertising material offering any APLGO products at a price less than the current Retail price. Similarly, Associates may not sell any APLGO products at a price less than the current Retail price.
4.3 Online Conduct
4.3.1 Associate Web Sites
Associates are provided with a replicated website by APLGO, from which they can take orders, enroll new Customers and Associates, place Customers on the Autoship Program, as well as manage their APLGO business. Associates may use only replicated websites provided by APLGO to promote their APLGO business and may not create their own websites to directly or indirectly promote the APLGO products or the APLGO opportunity.
4.3.2 APLGO Replicated Websites
Associates receive an APLGO Replicated Website subscription to facilitate online buying experience for their Customers and enrollments for prospective Customers and Associates. There is an Enrollment Fee and an annual Renewal Fee charged by APLGO.
Associates may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-APLGO products or income opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
The APLGO Independent Associate Logo
APLGO Corporate Website Redirect Button
Artwork, logos, or graphics
Because Replicated Websites reside on the APLGO.com domain, APLGO reserves the right to receive analytics and information regarding the usage of your website.
By default, your APLGO Replicated Website URL is www.APLGO.com/. You must change this default ID and choose a uniquely identifiable website name that cannot:
Be confused with other portions of the APLGO corporate website;
Confuse a reasonable person into thinking they have landed on an APLGO corporate page;
Be confused with any APLGO name;
Contain any discourteous, misleading, or off-color words or phrases that may damage the image of APLGO.
4.3.3 Domain Names, email Addresses and Online Aliases
You are not allowed to use or register APLGO or any of the trademarks, product names, or any derivatives of APLGO, for any Internet domain name, email address, social media website, blog website, online handles or online aliases. Additionally, you cannot use or register domain names, email addresses, social media websites, blog websites, online handles 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 APLGO. Examples of the improper use of APLGO include, but are not limited to any form of APLGO showing up as the sender of an email or examples such as:
4.3.4 Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or retail specific APLGO products or product bundles. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the APLGO income opportunity, provided compliant verbiage and APLGO-approved images are used. These images will identify you as an Independent APLGO Associate. If a link or URL is provided, it must link to your Replicated Website.
4.3.5 eBay / Online Auctions
APLGO products may not be listed on eBay or other online auctions, nor may Associates enlist or knowingly allow a third party to sell APLGO products on eBay, other online auction site, or ecommerce sites, such as Amazon.com, MercadoLibre.com, AliBaba.com, TowBow.com, etc. An Associate who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells APLGO products on eBay or any other online auctions must immediately discontinue all sales to the third party. APLGO reserves the right to hold bonuses and commissions while it is investigating an Independent Associate for suspected online selling.
4.3.6 Online Retailing
Associates may not list or sell APLGO products on any online retail store or ecommerce site (such as Amazon), nor may you enlist or knowingly allow a third party to sell APLGO products on any online retail store or ecommerce site. An Associate who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells APLGO products on any online retail store or ecommerce site must immediately discontinue all sales to the third party.
4.3.7 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 you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
4.3.8 Digital Media Submission (YouTube, iTunes, Photobucket etc.)
Associates may upload, submit or publish APLGO-related video, audio or photo content that they develop and create so long as it aligns with the company’s values, contributes to the APLGO community greater good, and is compliant with its Policies and Procedures. All submissions must clearly identify you as an Independent APLGO Associate in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. Associates may not upload, submit or publish any content (video, audio, presentations or any computer files) received from APLGO or captured at official APLGO events or in buildings owned, leased, or operated by APLGO without prior written permission from APLGO.
4.3.9 Sponsored Links / Pay-Per-Click (PPC) Ads
Associates may not use sponsored links or pay-per-click ads (PPC) in any way to promote, market, sell APLGO products or offer the APLGO opportunity.
4.3.10 Domain Names and Email Addresses
Except as set forth in the Associate Website Application and Agreement, Associates may not use or attempt to register any of the 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 social media name or address of APLGO.
4.3.11 Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should you utilize any form of social media, including but not limited to Facebook, Instagram, Snapchat, Twitter, LinkedIn, YouTube, Tik Tok, Snapchat or Pinterest, you agree to each of the following:
No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to your APLGO Replicated Website.
In any post on any social media site (including your person social media account(s) or profile(s)) that is directly or indirectly operated or controlled by an Associate that is used to discuss or promote the company’s products or the APLGO opportunity may not link to any website, social media site, or site of any other nature, other than the Associate’s APLGO replicated website or the APLGO website.
During the term of this Agreement and for a period of 12 calendar months thereafter, an Associate may not use any social media site on which they discuss or promote, or have discussed or promoted, the APLGO business or APLGO products to directly or indirectly solicit APLGO Associates for another direct selling, multi-level marketing or network marketing program (collectively, “direct selling”). In furtherance of this provision, an Associate shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other Associates relating to the Associate’s other direct selling business activities. Violation of this provision shall constitute a violation of the non-solicitation provision in Section 4.11 (Conflicts of Interest) below.
Associates who engage in another Direct Selling Business (as defined in Section 4.11.2) must not, directly, indirectly or through a third party use any social media account (e.g., Facebook, Twitter, Tik Tok, Snapchat, LinkedIn, YouTube, Pinterest, Instagram, etc.) that the Associate currently uses or has used in the past to promote or discuss APLGO, its products, programs, services or the business opportunity (“APLGO Social Media''), to promote another Direct Selling Business. If an Associate is involved in another Direct Selling Business, the Associate must create a separate social media account to promote the other Direct Selling Business. Associates are also prohibited from “cross-posting” from their other Direct Selling Business social media account on to the Associate’s APLGO Social Media and vice versa.
An Associate may post or “pin” photographs of APLGO products on a social media site, but only photos that are provided by APLGO and downloaded from the Associate’s BackOffice may be used.
If you create a social media profile, page or group to promote your APLGO business on any social media platform:
You must not post or share any links to any website or social media account, page, or platform that promotes the products, services, or business program of any other direct selling company. Rather, you should promote only APLGO on the page or site.
While you are an active Associate of APLGO (according to the Associate Agreement) and for a period of twelve (12) months following the termination of your Associate Agreement, you must not use your APLGO related social media profile, group or page to solicit anyone to join any other Direct Selling Business. For example, you shall not rename or convert the group or page that you used for your APLGO business but must delete or archive it.
If you participate in any other Direct Selling Business, you must use separate online and social media profiles, groups or pages for the other direct selling company and keep those groups or pages completely separate from profiles, groups or pages used to promote your APLGO business.
In addition to the requirements specified in elsewhere in these Policies and Procedures, if an Associate utilizes any form of Social Media, he or she agrees to each of the following:
To generate sales and/or enroll an Associate, a Social Media site must link only to the Associate’s replicated website or the Associate’s External Website.
Other than Pinterest and similar Social Media sites, any Social Media site that is directly or indirectly operated or controlled by an Associate that is used to discuss or promote APLGO products or the APLGO opportunity may not link to any website, Social Media site, or site of any other nature, other than the Associate’s replicated website or the Associate’s External Website.
If an Associate creates a business profile page on any Social Media site that promotes or relates to APLGO, its products, or opportunity, the business profile page must relate exclusively to the Associate’s APLGO business and APLGO products. If the Associate’s APLGO business is terminated for any reason, or if the Associate becomes inactive, the Associate must deactivate the business profile page.
If your Associate Agreement is terminated for any reason, you must remove references to APLGO (including but not limited to, its name, products and income opportunity) from any social media account(s) or profile(s) used by you within ten (10) days of the date of the termination of your Associate Agreement.
4.3.12 Prohibited Postings
An Associate may not make any postings, or link to any postings or other material that are:
Sexually explicit, obscene, or pornographic;
Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
Graphically violent, including any violent video game images;
Solicitous of any unlawful behavior;
Engaged in personal attacks on any individual, group, or entity; or
In violation of any intellectual property rights of the Company or any third party.
4.3.13 Responding to Negative Posts
An Associate is prohibited from conversing with others who place a negative post against them, other Associates or the Company. The Associate must report negative posts to APLGO Compliance Department at Compliance.us@APLGO.com.
4.4 Business Entities
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity'') may apply to be an APLGO Associate by submitting an Associate Application and Agreement along with a properly completed Business Entity Registration Form and a properly completed IRS Form W-9. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties'') are individually, jointly and severally liable for any indebtedness to APLGO, compliance with the APLGO Policies and Procedures, the APLGO Associate Agreement, and other obligations to APLGO.
4.4.1 Addition or Removal of an Affiliated Party
When adding an Affiliated Party to an existing APLGO distributorship, the Company requires a signed written request as well as a properly completed Associate Agreement containing the original Applicant’s/Applicants’ and new Affiliated Party’s/Parties/ information, tax identification numbers and signatures. APLGO may, at its discretion, require notarized documents before adding an Affiliated party to an APLGO business.
To prevent the circumvention of Sections 4.25 (Sale, Transfer or Assignment of APLGO Business) and 4.5, (Change of Sponsor), if any Affiliated Party wants to terminate his or her relationship with the Business Entity or APLGO, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify APLGO in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 4.25 (Sale, Transfer or Assignment of APLGO Business). When removing a co-applicant from an existing APLGO account, the Company requires a written and notarized request from the departing Affiliated Party/Parties, as well as a properly completed Associate Agreement containing only the remaining Affiliate Party’s/Parties’ federal tax identification number and signature(s). In addition, the Affiliated Party terminating his/her/its/their interest in the Business Entity may not participate in any other APLGO business for six consecutive calendar months in accordance with Section 4.5.3 (Termination and Re-application). If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of Section 4.25 (Sale, Transfer or Assignment of APLGO Business).
There is a $25.00 fee for each change requested, which must be included with the written request and the completed Associate Application and Agreement. The original documents (not copies) relating to addition or removal of an Affiliate Party must be submitted to APLGO Customer Service Department by mail or overnight courier to 7901 4th St. N STE 4228 St. Petersburg, Fl 33702. Please allow thirty (30) days after the receipt of the request by APLGO for processing.
The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 4.5 (Change of Sponsor), below.
4.4.2 Changes to a Business Entity
Each Associate must immediately notify APLGO of all changes to the type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.
4.5 Change of Sponsor
APLGO prohibits changes in sponsorship. Accordingly, the transfer of an APLGO business from one sponsor to another is not permitted. In order to protect all Sponsors, no Associate may interfere with the relationship between another Associate and his or her Sponsor in any way. An Associate may not offer, entice, encourage, solicit, recruit, or otherwise influence or attempt to persuade another Associate to change his or her Sponsor or line of sponsorship, either directly or indirectly.
In cases in which the new Associate is sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, an Associate may request that he or she be transferred to another organization with his or her entire marketing organization intact. Requests for transfer under this policy will be evaluated on a case-by-case basis and must be made within 7 days from the date of enrollment. The Associate requesting the change has the burden of proving that he or she was placed beneath the incorrect sponsor. It is up to the company’s discretion whether the requested change will be implemented. The Company reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
4.5.2 Termination and Re-application
An Associate may legitimately change organizations by voluntarily canceling his or her APLGO business and remaining inactive (i.e., no purchases of APLGO products for resale, no sales of APLGO products, no sponsoring, no attendance at any APLGO functions, participation in any other form of Associate activity, or operation of any other APLGO business, no income from the APLGO business) for six (6) full calendar months. Following the six-month period of inactivity, the former Associate may reapply under a new sponsor, however, the former Associate’s downline will remain in their original line of sponsorship. APLGO will consider waiving the six-month waiting period under exceptional circumstances. Such requests for waiver must be submitted to APLGO in writing.
Upon written notice to the Company that a former Independent Associate wishes to re-enroll, APLGO will close the original account. A new Independent Associate ID number will then be issued to the former Independent Associate. Such Independent Associate does not retain former rank, Downline, or rights to commission checks from the former organizations.
Any change in sponsorship in accordance with this Policy at any rank is limited to one time in the Associate’s life. APLGO will not accept an Associate Agreement for an Associate wishing to change sponsors beyond the first sponsor change made in accordance with this Policy.
4.5.3 Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an Associate, APLGO 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, ASSOCIATES WAIVE ANY AND ALL CLAIMS AGAINST APLGO, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM THE DECISION OF APLGO REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.6 Unauthorized Claims and Actions
An Associate is fully responsible for all of his or her verbal and written statements made regarding APLGO products and the Compensation Plan that are not expressly contained in official APLGO 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. Associates agree to indemnify APLGO and its directors, officers, employees, and agents (collectively referred to herein as “Affiliates''), and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by APLGO as a result of the Associate’s unauthorized representations or actions. This provision shall survive the termination of the Associate Agreement.
4.6.2 Product Claims
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by APLGO may be made except those contained in official APLGO literature. In particular, no Associate may make any claim that APLGO products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases or symptoms of diseases. Such statements can be perceived as drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the Associate Agreement, but they also violate the laws and regulations of the United States and other jurisdictions.
4.6.3 Compensation Plan Claims
When presenting or discussing the APLGO Compensation Plan, you must make it clear to prospects that financial success with APLGO requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
It’s a turnkey system;
The system will do the work for you;
Just get in and your downline will build through spillover;
Just join and I’ll build your downline for you;
The company does all the work for you;
You don’t have to sell anything; or
All you have to do is buy your products every month.
The above are merely examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as an APLGO Associate without commitment, effort, and sales skill.
4.6.4 Income Claims
APLGO corporate ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we have developed the APLGO Income Disclosure Statement (“IDS”). The APLGO IDS is designed to convey truthful, timely, and comprehensive information regarding the income that APLGO Associates earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Associates. The failure to comply with this policy constitutes a significant and material breach of the APLGO Associate Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 9.1 (Disciplinary Sanctions).
An Associate, when presenting or discussing the APLGO opportunity or Compensation Plan to a prospective Associate, may not make income projections, income claims, or disclose his or her APLGO income (including the showing of checks, copies of checks, bank statements, e-wallet statements or tax records) unless, at the time the presentation is made, the Associate provides a current copy of the APLGO Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.
A copy of the IDS must be presented to a prospective Associate (someone who is not a party to a current APLGO Associate Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings; (2) statements of projected earnings; (3) statements of earnings ranges; (4) income testimonials; (5) lifestyle claims; and (6) hypothetical claims.
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of “opportunity” or “possibility” or “chance.” Claims such as “My APLGO income exceeded my salary after six months in the business,” or “Our APLGO business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
A hypothetical income claim exists when you attempt to explain the operation of the compensation plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally-enrolled Customers and Associates; (2) number of downline Customers and Associates; (3) average sales/purchase volume/sales volume per Customer and Associate; and (4) total organizational volume. Applying these assumptions through the compensation plan yields income figures which constitute hypothetical income claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective Associate or Associates in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed, or any type of income claims is made, you must provide every prospective Associate with a copy of the IDS and you must display at least one (3 foot x 5 foot poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
Copies of the IDS may be printed or downloaded without charge from the corporate website at http://www.us.APLGO.com/IDS.
Associates who develop sales aids, business tools or marketing materials (collectively “Resource” or “Resources”) in which the Compensation Plan or income claims are present must incorporate the IDS into each such Resource prior to submission to the Company for review. Associates who make or submit any posts to any social media website in which the Compensation Plan or income claims are present must incorporate the IDS or a link to the IDS (http://www.us.APLGO.com/IDS) into each such post at the time he or she makes or submits the post. In addition, Associates who make such posts must use one of the following “pointers” to alert readers or viewers to the link to the IDS: (1) If the link is immediately next to the income claim – “IMPORTANT - Please click this link (http://www.us.APLGO.com/IDS) for complete information about Associate earnings with APLGO.”; (2) If the link is not immediately next to the income claim – “IMPORTANT - Please click the link below for complete information about Associate earnings with APLGO.” And at the bottom of the social media post insert – “IMPORTANT - Please see the APLGO Income Disclosure Statement at http://www.us.APLGO.com/IDS for complete information about Associate earnings with APLGO.” All pointers must be clear and conspicuous. “Clear and conspicuous” means that at the very minimum, the type size of the pointer must be at least as large as the predominant text that is used in the Resource.
4.7 Repackaging and Relabeling Prohibited
APLGO products must be sold in their original packaging. Associates may not repackage, re-label, or alter the labels on APLGO products. Tampering with labels/packaging could be a violation of federal and state laws and may result in civil or criminal liability. Associates may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
4.8 Commercial Outlets
Associates may not sell APLGO products from a commercial outlet, nor may Associates display or sell APLGO products or literature in any retail or service establishment. 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 APLGO products.
4.9 Military Installations
The offer, promotion, or sale of the goods and services, or the offer and promotion of the APLGO opportunity on a military installation is not a right – it is a privilege. Even if an Associate lives on a military installation, he or she does not have the right to offer our products or opportunity to anyone on that installation without the permission of the installation Commander. For the purposes of the U.S. Navy personnel and Navy Regulations, the definition of an “installation” also includes U.S. Navy vessels.
Any Associate who wants to offer, promote, or sell APLGO products, or offer and promote the APLGO opportunity (these activities will be collectively referred to as “commercial solicitation activities'') on a military installation must make an inquiry to the office of the installation Commander to determine whether the Commander has granted permission for APLGO Associates to engage in such activities on the installation. If the Commander has not done so, the Associate must contact APLGO offices to ask the Company to obtain the Commander’s permission. Associates are prohibited from seeking such permission from any installation Commander. If obtained, permission to engage in commercial solicitation activities on a military installation is granted only for one particular installation.
Any Associate who intends to engage in commercial solicitation activities on a military installation must be aware of and become completely familiar with the applicable military Regulation or Instruction. There are many activities that are permissible in a civilian environment that are not permissible on a military installation. Some of these activities include, but are not limited to:
Solicitation during enlistment or induction processing or during basic combat training, and within the first half of the one station unit training cycle.
Solicitation of “mass,” “group,” or “captive” audiences.
Making appointments with or soliciting military personnel during their normally scheduled duty hours.
Soliciting without an appointment in areas used for housing or processing transient personnel or soliciting in barracks areas used as quarters.
Use of official military identification cards or vehicle decals by active duty, retired, or reserve members of the military services to gain access to Army installations for the purpose of soliciting. (When entering the installation for the purpose of solicitation, Associates with military identification cards and/or installation vehicle decals must present documentation issued by the installation authorizing solicitations.)
Offering rebates to promote transactions or to eliminate competition.
Any oral or written representations which suggest or appear that the military branch sponsors or endorses the Company or its Associates, or the goods, services, and commodities offered for sale.
The designation of any agent or the use by any agent of titles (for example, “Battalion Insurance Counselor,” “Unit Insurance Advisor,” “Servicemen’s Group Life Insurance Conversion Associate”) that in any manner states or implies any type of endorsement from the U.S. Government, the Armed Forces, or any State or Federal agency or Government entity.
Entry into any unauthorized or restricted area.
Distribution of literature other than to the person being interviewed.
Contacting military personnel by calling a Government telephone, faxing to a Government fax machine, or sending email to a Government computer, unless a pre-existing relation (that is, the military member is a current client or requested to be contacted) exists between the parties and the military member has not asked for the contact to be terminated.
Soliciting door to door or without an appointment.
The foregoing items are not an all-inclusive list. There are many more prohibited activities that are addressed in the applicable military Regulation or Instruction. The violation of military Regulations or Instructions by one Associate could jeopardize the ability of all APLGO Associates to engage in commercial solicitation activities on a particular military installation or even the entire branch of the military involved (e.g., Army, Air Force, Navy, Marines, or Coast Guard).
4.10 Trade Shows, Expositions and Other Sales Forums
Associates may display and/or sell APLGO products at trade shows and professional expositions. Before submitting a deposit to the event promoter, Associates must contact the Associate Services department in writing for conditional approval, as the policy is to authorize only one APLGO business per event. Final approval will be granted to the first Associate who submits an official advertisement of the event, a copy of the contract signed by both the Associate and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the Compliance Department. APLGO further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products or the APLGO opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional mage APLGO wishes to portray.
4.11 Conflicts of Interest
4.11.1 Crossline Recruiting and Communication
Associates are prohibited from crossline recruiting. The use of a spouse or relative’s name, trade names, DBAs, assumed names, entities, federal identification numbers, or fictitious identification numbers, or any other device or contrivance to circumvent this policy is prohibited. An Associate shall not demean, discredit, or defame other APLGO Associates in an attempt to entice another customer, Associate or prospective Associate to become part of his or her organization.
For the purposes of this Section 4.11.1, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, of another APLGO Associate or Customer to enroll, join, or otherwise participate in another APLGO marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.
Associates are strictly prohibited from meeting privately with crossline.
Associates without the presence of one or more common upline Associate(s), in person, telephonically, online or via any other method of communication. For the purposes of these Policies and Procedures:
“Crossline Associate” means any Associate who is not in the Inviting Associate’s enrollment tree upline or downline.
“Meeting” includes, but is not limited to, the act of coming together and/or an occasion in which two or more people come together to discuss or decide something, via any means including in-person, telephonically, online or via any other method of communication.
The “Inviting Associate” is strictly prohibited from inviting or allowing into any social media group any Crossline Associates.
4.11.2 Non Solicitation
APLGO Associates are free to participate in other direct selling, multi-level marketing or network marketing entities, businesses, organizations, opportunities, or ventures (collectively referred to as a “Direct Selling Business”). As an Associate, you recognize APLGO’s legitimate interests in protecting, during the term of your Associate Agreement and for a reasonable period of time following its termination, APLGO’s relationships with its Customers and Associates. Accordingly, you understand and agree that during the term of this Agreement, any renewal or extension hereof, and for a period of two years following the termination of your Independent Associate Agreement for any reason whatsoever, with the exception of an Associate who is personally sponsored by the Associate (or former Associate, as may be applicable), you may not and will not recruit (as defined below) any APLGO Associate or Customer for another Direct Selling Business.
Associates and the Company recognize that because direct selling 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, Associates and APLGO agree that this non-solicitation provision shall apply nationwide throughout the United States and to all international markets in which APLGO Associates are located. This provision shall survive the termination or expiration of the Associate Agreement for a period of two years.
The Associate recognizes that APLGO has a legitimate interest to protect, for a reasonable period of time following the termination of the Associate’s Agreement, those Associates and Customers with which the Associate will be, is or was associated during the term of his, her or its Associate Agreement, and any renewals or extensions thereof. Accordingly, the Associate understands and agrees that for a period of two (2) years following the termination of his, her or its Associate Agreement for any reason whatsoever, he, she or it will not, directly or indirectly, recruit any APLGO Associate or Customer to another network marketing business.
For the purposes of this Section 4.11.2, the term “recruit” means the actual or attempted, sponsorship, solicitation, enrollment, encouragement, counsel, aid, consultation or effort to influence in any way (either directly, indirectly, or through a third party) another APLGO Associate or Customer to: (1) enroll, join, or otherwise participate in another Direct Selling Business; (2) to purchase the products or services of another network marketing business; or (3) terminate or alter his or her business or contractual relationship with the APLGO. The term “recruit” also includes the above activities in the event that the Associate’s actions are in response to an inquiry made by another Associate or Customer.
4.11.3 Associate Participation in Other Network Marketing Programs
If an Associate is engaged in another non-APLGO Direct Selling Business, it is the responsibility of the Associate to ensure that his or her APLGO business is operated entirely separate and apart from any other Direct Selling Business. To this end, the following must be adhered to:
Associates must not offer, present, display, market, promote or sell (collectively referred to herein as “promote”) or attempt to promote any non-APLGO programs, products or services to APLGO Customers or Associates. This provision does not apply where professional services are the primary source of revenues and the product sales are secondary to the provision of such services (e.g., physician’s offices, health clinics, health clubs, gyms, spas or beauty salons). However, an Associate may promote non-APLGO products or services to APLGO Customers or Associates who are personally sponsored.
Associates shall not promote APLGO promotional material, sales aids, products or services with or in the same location as, any non-APLGO promotional material or sales aids, products or services.
Associates shall not promote the APLGO opportunity, products or services in any venue, location or media (collectively referred to herein as “Venues”), including, but not limited to, physical, electronic, virtual, telephonic, video or any form of social media Venue, to prospective or existing APLGO Customers or Associates in conjunction with any non-APLGO program, opportunity, product or service.
In the event that an Associate wants to promote a non-APLGO Direct Selling Business, opportunity or products/services via any form of social media, the Associate may not include any non-APLGO Direct Selling Business, products, services or opportunity within the same social media account in which APLGO, its opportunity or its product and services are promoted. That is to say, an Associate who wants to promote both the APLGO opportunity, products or services and a non-APLGO opportunity, products or services must do so through two completely separate and discrete social media accounts.
Associates may not promote any non-APLGO products, services or
opportunities at any APLGO-related meeting, seminar, convention, webinar, teleconference, or other function.
Associates may not produce any literature, audio or video recording or promotional material of any nature (including but not limited to social media postings and emails) which is used by the Associate or any third person to recruit Associates or customers to participate in any other Direct Selling Business;
Associates may not engage or participate in any activity that may reasonably be foreseen to draw an inquiry from APLGO Associates or Customers relating to the Associate’s other Direct Selling Business activities, products or services.
Due to the visibility of our higher-ranking Independent Associates, APLGO Independent Associates at the rank of National Director or above agree not to participate in any network marketing or party plan company, regardless if the company sells competing products or not.
All these provisions as outlined in this Section 4.11.3 shall survive the termination or expiration of the Associate Agreement for a period of two (2) years after such termination or expiration.
4.11.4 Confidential Information
“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of APLGO customers and Associates, contact information of APLGO customers and Associates, Associates’ personal and group sales volumes, Associate rank and/or achievement levels, and other financial and business information. All Confidential Information (whether oral or in written or electronic form) is proprietary information of APLGO and constitutes a business trade secret belonging to APLGO. Confidential Information is, or may be available, to Associates in their respective BackOffices. Associate access to such Confidential Information is password protected and is confidential and constitutes proprietary information and business trade secrets belonging to APLGO. Such Confidential Information is provided to Associates in strictest confidence and is made available to Associates for the sole purpose of assisting Associates in working with their respective downline organizations in the development of their APLGO business. Associates may not use the reports for any purpose other than for developing, managing, or operating their APLGO business. Where an Associate participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. Associates should use the Confidential Information to assist, motivate, and train their downline Associates. The Associate and APLGO agree that, but for this agreement of confidentiality and nondisclosure, APLGO would not provide Confidential Information to the Associate.
To protect the Confidential Information, Associates shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
Directly or indirectly disclose any Confidential Information to any third party;
Directly or indirectly disclose the password or other access code to his or her BackOffice;
Use any Confidential Information to compete with APLGO or for any purpose other than promoting his or her APLGO business;
Recruit or solicit any Associate or Customer of APLGO listed on any report or in the Associate’s BackOffice, or in any manner attempt to influence or induce any Associate or Customer of APLGO, to alter their business relationship with APLGO; or
Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement and shall remain effective and binding irrespective of whether an Associate’s Agreement has been terminated, or whether the Associate is or is not otherwise affiliated with the APLGO. Upon nonrenewal or termination of the Agreement, Associates must immediately discontinue all use of the Confidential Information and if requested by the APLGO promptly return all materials in their possession to the APLGO within five (5) business days of request at their own expense.
4.12 Targeting Other Direct Sellers
APLGO does not condone Associates specifically or consciously targeting the sales force of another direct sales company to sell APLGO products or to become Associates for APLGO, nor does APLGO condone Associates solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with another company. Should Associates engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against an Associate alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, APLGO will not pay any of the Associate’s defense costs or legal fees, nor will APLGO indemnify the Associate for any judgment, award, or settlement.
4.13 Errors or Questions
If an Associate has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the Associate must notify APLGO in writing within 60 days of the date of the purported error or incident in question. APLGO will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
4.14 Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Associates shall not represent or imply that APLGO or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
4.15 Income Taxes
Each Associate is responsible for paying local, state, and federal taxes on any income generated as an Independent Associate. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If an Associate’s APLGO business is tax exempt, the Federal tax identification number must be provided to APLGO. Every year, APLGO 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.
4.16 Independent Contractor Status
Associates are independent contractors. The agreement between APLGO and its Associates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Associate. Associates shall not be treated as employees for his or her services or for Federal or State tax purposes. All Associates are responsible for paying local, state, and federal taxes due from all compensation earned as an Associate of the Company. The Associate has no authority (expressed or implied), to bind the Company to any obligation. Each Associate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Associate Agreement, these Policies and Procedures, and applicable laws.
You may wish to arrange insurance coverage for your business. Your homeowner’s or renter’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 or renter’s policy.
APLGO maintains insurance to protect the Company and Associates against product liability claims. The Company’s insurance policy contains a "Vendors Endorsement'' which extends coverage to Associates so long as they are marketing APLGO products in accordance with these Policies and Procedures, as well as applicable laws and regulations. The Company’s product liability policy does not extend coverage to claims or actions that arise as a result of an Associate’s negligence, intentional misconduct and/or claims beyond those contained in official APLGO materials.
4.18 International Marketing
Associates are authorized to promote and/or sell APLGO products and enroll Customers or Associates only in the countries in which APLGO is authorized to conduct business, as announced in official Company literature (an “Official Country”). APLGO products or sales aids may not be given, transferred, distributed, shipped into or sold in any Unauthorized Country (see definition below). Associates may not sell, give, transfer, or distribute APLGO products or sales aids from one Official Country into another Official Country.
Associates have no authority to take any steps in any country toward the introduction or furtherance of the Company. This includes, but is not limited to, any attempt to register, reserve or otherwise secure any Company names, trademarks, trade names, copyright, patent, other intellectual property, to secure approval for products or business practices, or to establish business or governmental contacts. You agree to indemnify the Company for all costs incurred by it for any remedial action needed to exonerate the Company in the event you improperly act purportedly on behalf of the Company.
Only after the Company has announced that a country is officially open for business (an “Official Country”) may Associates conduct business in that Official Country by promoting the Company (or related entity) and/or promoting, marketing or selling Products, and enrolling other Associates or Customers. Associates are required to follow all laws, rules and regulations of the Official Country. Associate may use only promotional materials approved by the Company for use in an Official Country and sell only products approved for sale in that country.
In addition, no Associate may, in any Unauthorized Country:
Advertise the Company, the Compensation Plan or its products;
Offer Company products for sale or distribution;
Conduct sales, enrollment or training meetings;
Enroll or attempt to enroll potential Customers or Associates;
Accept payment for enrollment or recruitment from citizens of countries where APLGO does not conduct business;
Promote international expansion via the Internet or in promotional literature; or
Conduct any other activity for the purpose of selling APLGO products, establishing a marketing organization, or promoting the APLGO opportunity.
An Associate is solely responsible for compliance with all laws, tax requirements, immigration customs laws, rules and regulations of any country in which he or she conducts business. Associates accept the sole responsibility to conduct their independent businesses lawfully within each country in which he or she conducts business.
An Associate’s right to receive commissions in a country may be revoked at any time if the Company determines that he or she has not conducted business in particular country in accordance with the terms and conditions contained herein or the governing operations within such country.
The Company reserves the right to establish additional policies and procedures that are applicable to a specific country. An Associate who conducts business internationally agrees to abide by all special policies established by the Company for the specific country or countries in which he or she conducts business.
4.19 Excess Inventory and Bonus Buying
Associates 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 Associate to buy more products than they can reasonably use or sell to retail customers in a month. 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 or service purchases by end user consumers. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.
4.20 Adherence to Laws, Regulations and the Agreement
Associates must comply with all federal, state, and local laws, regulations, ordinances, codes, and the terms of the Agreement 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 Associates because of the nature of their business. However, Associates must obey those laws that do apply to them. If a city or county official tells an Associate that an ordinance applies to him or her, the Associate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of APLGO. In addition, Associates must not recommend, encourage or teach other Associates to violate federal, state, or local laws, regulations, ordinances, codes, or the terms of the Agreement in the operation of their APLGO business.
4.21 One APLGO Business Per Associate and Per Household
Except as provided in this section, an Associate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one APLGO business. No individual may have, operate or receive compensation from more than one APLGO business.
Individuals of the same Household may maintain, own, and operate their own APLGO Business. A “Household” is defined as spouses and dependent adult children living at or doing business at the same address. In the event that two members of the same Household elect to become Associates at the same time, one must be enrolled by the other. In the event that more than two members of the same Household elect to become Associates at the same time, they must elect one Household member to enroll the others. In the event that members of the same Household elect to become Associates at different times, the Household member who joined APLGO first must be the Sponsor for all other Household members.
4.22 Actions of Household Members or Affiliated Parties
If any member of an Associate’s Household or any member of an Affiliated Party’s Household, engages in any activity which, if performed by the Associate, would violate any provision of the Agreement, such activity will be deemed a violation by the Associate and APLGO may take disciplinary action pursuant to these Policies and Procedures against the Associate. Similarly, if any individual associated in any way with a corporation, partnership, limited liability company, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and APLGO may take disciplinary action against the Business Entity. Likewise, if an Associate enrolls in APLGO as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement. APLGO considers individuals who share contact information such as an address, phone number, payment method or any other type of contact information, as an affiliation.
4.23 Roll-up of Marketing Organization
When a vacancy occurs in a Marketing Organization due to the termination of an APLGO business, each Associate and their personally-enrolled Prime Customers will be moved to the first level (“front line”) of the terminated Associate’s sponsor. For example, if A sponsors B, and B sponsors C1, C2, and C3, if B terminates her business, C1, C2, and C3 will “roll-up” to A and become part of A’s first level.
4.24 Sale, Transfer or Assignment of APLGO Business
Although an APLGO business is a privately owned and independently operated business, the sale, transfer or assignment of an APLGO business, and the sale, transfer, or assignment (collectively referred to herein as “transfer”) of an interest in a Business Entity that owns or operates an APLGO business, is subject to certain limitations. If an Associate wishes to transfer his or her APLGO business, or transfer an interest in a Business Entity that owns or operates an APLGO business, the following criteria must be met:
The buyer or transferee may not be a current APLGO Associate. If the buyer is an active APLGO Associate, he or she must first terminate his or her APLGO business and wait six calendar months before acquiring any interest in a different APLGO business.
Before the transfer can be finalized and approved by APLGO, any debt obligations the selling party has with APLGO must be satisfied.
The transferring party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to transfer an APLGO business.
Prior to transferring an independent APLGO business or Business Entity interest, the transferring Associate must notify APLGO Compliance Department in writing and advise of his or her intent to transfer his/her APLGO business or Business Entity interest. The transferring Associate must receive written approval from the Compliance Department before proceeding with the transfer. The decisions of APLGO regarding a transfer shall be made in its sole and absolute discretion. No changes in line of sponsorship can result from the transfer of an APLGO business. In the event that an Associate transfers his or her APLGO business without the express written approval of the Compliance Department, such transfer shall be voidable in the sole and absolute discretion of APLGO.
4.25 Separation of an APLGO Business
APLGO Associates sometimes operate their APLGO businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, limited liability company, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
One of the parties may, with consent of the other(s), operate the APLGO business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize APLGO to deal directly and solely with the other spouse or non-relinquishing shareholder, member, partner, or trustee.
The parties may continue to operate the APLGO business jointly on a “business-as-usual” basis, whereupon all compensation paid by APLGO will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will APLGO split commission and bonus checks between divorcing spouses or members of dissolving entities. APLGO will recognize only one downline organization and will issue only one commission check per APLGO business per commission cycle. Commission checks shall always be issued to the same individual or entity.
If a former spouse has completely relinquished all rights in the original APLGO 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 an Associate. In either case, the former spouse or business affiliate shall have no rights to any Associates in their former organization or to any former Customer. They must develop the new business in the same manner as would any other new Associate.
4.26 Sponsoring Online
When sponsoring a new Associate 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, Policies and Procedures, and the APLGO Compensation Plan. The sponsor may not fill out the online Associate Application and Agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
Upon the death or incapacitation of an Associate, 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, including but not limited to letters of administration, letter testamentary and the Final Order of Probate. Accordingly, an Associate should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever an APLGO business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Associate’s marketing organization provided the following qualifications are met. The successor(s) must:
Execute an Associate Agreement;
Comply with terms and provisions of the Agreement;
Meet all of the qualifications for the deceased Associate’s status;
The devisee must provide APLGO with an “address of record” to which all bonus and commission checks will be sent;
If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number. APLGO will issue all bonus and commission checks and one 1099 to the business entity.
4.27.1 Transfer Upon Death of an Associate
To affect a testamentary transfer of an APLGO business, the executor of the estate must provide the following to APLGO: (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 APLGO specifying to whom the business and income should be transferred.
4.27.2 Transfer Upon Incapacitation of an Associate
To effectuate a transfer of an APLGO business because of incapacity, the successor must provide the following to APLGO: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the APLGO business; and (3) a completed Associate Agreement executed by the trustee.
4.28 Telemarketing Techniques
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although APLGO does not consider Associates to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, Associates must not engage in telemarketing in the operation of their APLGO businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of an APLGO product or service, or to recruit them for the APLGO opportunity. “Cold calls" made to prospective customers or Associates that promote either APLGO products or the APLGO opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Associate (a "prospect") is permissible under the following situations:
If the Associate has an established business relationship with the prospect. An “established business relationship” is a relationship between an Associate and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the Associate, or a financial transaction between the prospect and the Associate, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
The prospect’s personal inquiry or application regarding a product or service offered by the Associate, within the three (3) months immediately preceding the date of such a call.
If the Associate receives written and signed permission from the prospect authorizing the Associate to call. The authorization must specify the telephone number(s) which the Associate is authorized to call.
You may call family members, personal friends, and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if you engage in “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.
Associates shall not use automatic telephone dialing systems or software relative to the operation of their APLGO businesses.
Associates shall not place or initiate any outbound telephone call to any person who delivers any pre-recorded message (a "robocall") regarding or relating to the APLGO products or opportunity.
4.29 BackOffice Access
APLGO makes online BackOffices available to its Associates. BackOffices provide Associates access to confidential and proprietary information that may be used solely and exclusively to promote the development of an Associate’s APLGO business and to increase sales of APLGO products. However, access to a BackOffice is a privilege, and not a right. APLGO reserves the right to deny Associates’ access to the BackOffice at its sole discretion.
4.30 Unauthorized Communication
In the excitement and enthusiasm of working his or her APLGO business, an Associate may attempt to contact the Company’s vendors, suppliers, or advisors with questions or ideas. Any such communication without the Company’s prior written consent is strictly prohibited. Vendors, suppliers, and advisors are often not set up to handle a large volume of contacts. Equally important, we must respect their rights to privacy. Questions regarding any of these Entities may be directed to Field Support.
SECTION 5: RESPONSIBILITIES OF ASSOCIATES
5.1 Change of Address, Telephone, and Email Addresses
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the company’s files are current. Street addresses are required for shipping since UPS and FedEx cannot deliver to a post office box. Associates planning to change their email address or move must send their new address and telephone numbers to APLGO Corporate Offices to the attention of the Associate Services Department. To guarantee proper delivery, two weeks advance notice must be provided to APLGO on all changes. In the alternative, an Associate’s whose contact information changes may amend their contact information through their Associate BackOffice.
5.2 Continuing Development Obligations
5.2.1 Ongoing Training
Any Associate who sponsors another Associate into APLGO must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her APLGO business. Associates must have ongoing contact and communication with the Associates in their Downline 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 Associates to APLGO meetings, training sessions, and other functions. Upline Associates are also responsible to motivate and train new Associates in APLGO product knowledge, effective sales techniques, the APLGO Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline Associates must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of Associate-produced sales aids and promotional materials).
Associates should monitor the Associates in their Downline Organizations to guard against downline Associates making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
5.2.2 Increased Training Responsibilities
As Associates progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the APLGO program. They will be called upon to share this knowledge with lesser experienced Associates within their organization.
5.2.3 Ongoing Sales Responsibilities
Regardless of their level of achievement, Associates have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
5.2.4 Reporting Policy Violations
Associates who are aware of a violation of these Policies and Procedures by another Associate must submit a written report of the violation directly to the attention of APLGO Compliance Department by mail or email at email@example.com. Details of the incident in question such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report. Any incident reported to the Compliance Department must have supporting documentation such as images, screenshots, text messages, emails, etc. Any incident reported without proper supporting documentation will not be reviewed.
5.3 Non Disparagement
APLGO wants to provide its independent Associates with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Compliance Department. Remember, to best serve you, we must hear from you! While APLGO welcomes constructive input, negative comments and remarks made in the field by Associates about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other APLGO Associates.
For this reason, and to set the proper example for their downline, during the term of this Agreement and at any time thereafter, Associate agrees not make any false, derogatory, demeaning or disparaging statements (collectively “disparage”) or encourage or induce others to disparage APLGO, other APLGO Associates, the Compensation Plan or any of APLGO past and present owners, officers, directors, employees or products (the “Company Parties”). (i) make any statements, or take any other actions whatsoever, to disparage, defame, demean, sully or compromise the goodwill, name, brand or reputation of the Company, its products, Marketing and Compensation Plan, Customers, Associates or any of its APLGO Affiliates (as defined in Section 4.6.1) (collectively, the “Company Goodwill'') or (ii) commit any other action that could likely injure, hinder or interfere with the Business, business relationships or Company Goodwill of the Company, its Ambassadors, Customers or its APLGO Affiliates.
For purposes of this Section 5.3, the term “disparage” includes, without limitation, comments or statements to the press, any media outlet, industry group, financial institution, the APLGO Associates, employees or to any individual or entity with whom APLGO has a business relationship (including, without limitation, any vendor, supplier, Customer, Associate or independent contractor), social media posts, or any public statement, that in each case is intended to, or can be reasonably expected to, materially damage any of the Company Parties. Notwithstanding the foregoing, nothing in this Section 5.3 shall prevent an Associate from making any truthful statement to the extent, but only to the extent: (1) necessary with respect to any litigation, arbitration or mediation involving this Agreement, including, but not limited to, the enforcement of this Agreement, in the forum in which such litigation, arbitration or mediation properly takes place; or (2) required by law, legal process or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with apparent jurisdiction over the Associate.
5.4 Providing Documentation to Applicants
Associates must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Associates before the applicant signs an Associate Agreement or ensure that they have online access to these materials.
SECTION 6: SALES REQUIREMENTS
6.1 Product Sales
The APLGO Compensation Plan is based on the sale of APLGO products to end consumers. Associates must fulfill personal and organizational retail 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.
Prohibition on Sales to Non-Associates for the Purpose of Resale
No Independent Associate may sell or otherwise provide APLGO products to non-Associates for the purpose of resale. Nor may an Independent Associate sell to a non-Associate any quantity of APLGO products greater than that generally purchased by an individual for personal or family use.
6.2 No Territory Restrictions
There are no exclusive territories granted to anyone.
6.3 Sales Receipts
All Associates must provide their retail customers with two copies of an official APLGO 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. Associates must maintain all retail sales receipts for sales to their retail customers for a period of two years and furnish them to APLGO at the Company’s request. Records documenting the purchases of Associates’ Direct and Prime Customers will be maintained by APLGO.
SECTION 7: BONUSES AND COMMISSIONS
7.1 Bonus and Commission Qualifications and Accrual
An Associate must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an Associate complies with the terms of the Agreement, APLGO shall pay commissions to such Associate in accordance with the Marketing and Compensation plan.
7.2 Adjustment to Bonuses and Commissions
7.2.1 Adjustments for Returned Products, Disputed Charges and Chargebacks
Associates receive bonuses, commissions, or overrides based on the actual sales of products to end consumers. When a product is returned to APLGO for a refund, is repurchased by APLGO, a purchaser disputes a charge for one or more product orders, or a purchaser initiates a chargeback through his or her bank or credit card issuer, any of the following may occur at APLGO’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned, repurchased, disputed or charged back product(s) will be deducted from payments to the Associate and upline Associates who received bonuses, commissions, or overrides on the sales of the product(s), in the month in which the refund is given or chargeback is made, and continuing every pay period thereafter until all commission are recovered; (2) the Associate or upline Associates who earned bonuses, commissions, or overrides based on the sale of the returned, repurchased, disputed or charged back product(s) will have the corresponding points deducted from their Group Volume in the next month and all subsequent months until it is completely recovered; (3) the points associated with any disputed charges for products or product orders may be “suspended” and will not be posted to an Associate’s Personal Sales or the upline’s Group Sales Volume until such time as the dispute is successfully resolved; or (4) the bonuses, commissions, or overrides attributable to the returned, repurchased, disputed or charged back product(s) may be deducted from any refunds or credits to the Associate who received the bonuses, commissions, or overrides on the sales of such product(s). In the event that APLGO is unable, within 6 months from the payment of any refund(s) by APLGO or the debiting of any disputed amounts or chargebacks, to recover all bonuses, commissions, or overrides on the sales of the refunded product(s) or canceled service(s) from the Associate or upline Associates who received them, APLGO shall be entitled to assert a claim against such Associate(s) for payment.
7.2.2 Tax Withholdings
If an Associate fails to provide his or her correct tax identification number, APLGO will deduct the necessary withholdings from the Associate’s commission checks as required by law.
All information provided by APLGO in downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, 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 chargebacks; the information is not guaranteed by APLGO or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APLGO AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY ASSOCIATE 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 GROUP SALES VOLUME 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 APLGO 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, APLGO 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 APLGO online and telephone 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 APLGO online and telephone reporting services and your reliance upon the information.
SECTION 8: PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
8.1 Product Guarantee, Warranty, and Rescission
APLGO offers a 100% 30 day money-back satisfaction guarantee (less shipping charges) to all Prime Customers, retail customers, and Associates. Products shipped directly to a Prime Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Products delivered to a retail customer by an Associate must be returned to the selling Associate, and it shall be the responsibility of the Associate to issue the refund to his or her retail customer. Every Associate is bound to honor the retail customer guarantee. If, for any reason, a retail customer is dissatisfied with any APLGO product, the retail customer may return the unused portion of the product to the Associate from whom it was purchased, within 30 days, for a replacement, exchange or a full refund of the purchase price (minus shipping costs). This product satisfaction guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable. Associates 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.
If an Associate returns more than $500.00 for a refund in any 12 consecutive month period, the request will constitute the Associate’s voluntary termination of his/her Associate Agreement, and the refund will be processed as an inventory repurchase pursuant to Section 8.3, and the Associate’s Agreement will be terminated and his or her APLGO business will be canceled.
A Customer or Independent Associate who is a recipient of a damaged or incorrect order must notify the Company within thirty (30) calendar days from receipt of the order and follow the procedures as set forth in these Policies.
The Satisfaction Guarantee only applies to APLGO US products purchased by Customers from an authorized seller in an authorized sales channel. The Satisfaction Guarantee does not apply to sales made by unauthorized sellers or on unauthorized sales channels.
8.2.1 Retail Customers
Federal and state law requires that a retail customer who makes a purchase of $25.00 or more has three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt. When an Associate makes a sale or takes an order from a retail customer who cancels or requests a refund within the three-business day period, the Associate must promptly refund the customer's money as long as the products are returned to the Associate in substantially as good condition as when received (five business days for Alaska residents).
8.2.2 Prime Customers
Associates must notify their Direct and Prime Customers that they have three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and 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. Associates should also notify their Direct Customers and Prime Customers about these time limits at the time they enroll as a Direct Customer or Prime Customer and place their first order. Products shipped directly to a Prime or Direct Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Direct and Prime Customers may contact the Company for a “call tag” that will provide return shipping back to the Company at no cost to the Customer.
8.2.3 Informing Customers
Associates MUST verbally inform their customers (retail, Direct, and Prime) of this right of rescission, they MUST provide their retail customers with TWO copies of a retail receipt at the time of the sale and MUST point out this cancellation right stated on the receipt. If a Customer places an order online, the Company will provide the Customer with the receipt. Associates must ensure that the date of the order or purchase is entered on the Retail Sales Receipt. All retail customers must be provided with two copies of an official APLGO Retail Sales Receipt at the time of the sale. The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.
8.3 Return of Inventory and Sales Aids by Associates Upon Termination
Upon termination of an Associate’s Agreement, the Associate may return Starter Kits, products, and sales aids that he or she personally purchased from APLGO (purchases from other Associates or third parties are not subject to refund) that are in Resalable (see Definition of “Resalable” below) condition and which have been purchased within one year prior to the date of termination. Upon receipt of a Resalable Starter Kit and/or Resalable products and sales aids, the Associate will be reimbursed 90% of the net cost of the original purchase price(s), less any amounts or compensation the Associate received on account of the purchase of the returned products. Neither shipping and handling charges incurred by an Associate when the Starter Kit, products or sales aids were purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If an Associate was paid a commission, rebate, or any other form of compensation based on a product(s) that he or she purchased, and such product(s) is/are subsequently returned for a refund, the commission, rebate, or any other form of compensation that was paid based on that product purchase will be deducted from the amount of the refund.
Products and Sales aids 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; (4) they are still in the current inventory of APLGO; (5) the expiration date(s) for any returned products has not passed; and (6) they are returned to APLGO within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued, or as a seasonal item, shall not be resalable. Enrollment Fee and Annual Fee are not refundable except as required by applicable state law.
8.3.1 Montana Residents
A Montana resident may cancel his or her Associate Agreement within 15 days from the date of enrollment and may return his or her Starter Kit for a full refund within such time period.
When a bank forcibly reverses a credit card transaction, returning funds to the cardholder, it is known as a chargeback. Chargebacks are usually issued when fraudulent purchases have been made on a person’s credit card. When APLGO receives a chargeback notice, the account in which the product was purchased is immediately blocked, and all related services in the account are deactivated. In the interest of caution, APLGO considers chargebacks to be the result of fraud and suspends all accounts for 30 days or until the issue is addressed. If the matter is not resolved beyond 30 days, the account is eligible for termination. APLGO reserves the right to charge $50 to reinstate an account that has been inactivated due to a chargeback notification.
8.4 Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
All items must be returned by the Associate or customer who purchased it directly from APLGO.
All items to be returned must have a Return Authorization Number which is obtained by calling the Associate Services Department. This Return Authorization Number must be written on each carton returned.
The return is accompanied by:
The original packing slip with the completed (and signed Consumer Return information, if applicable);
The unused portion of the item(s) in its/their original container.
Proper shipping carton(s) and packing materials are to be used in packaging the items(s) being returned, and the best and most economical means of shipping is suggested. All returns must be shipped to APLGO shipping prepaid. APLGO does not accept shipping-collect packages. The risk of loss in shipping for returned items shall be on the Associate. If the returned items are not received by the Company’s Distribution Center, it is the responsibility of the Associate to trace the shipment.
If an Associate is returning merchandise to APLGO that was returned to him or her by a personal retail customer, the product must be received by APLGO within ten (10) days from the date on which the retail customer returned the merchandise to the Associate and must be accompanied by the sales receipt the Associate gave to the customer at the time of the sale.
If the retail Customer requests a refund, the Associate who sold the product to the retail customer must immediately refund the retail Customer’s purchase price (Retail Customers must return merchandise to the Associate who sold it to them; APLGO will does not accept returned merchandise directly from retail Customers unless the Associate fails to meet its obligation to facilitate the return).
No refund or replacement of any items will be made if the conditions of these rules are not met.
SECTION 9: DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Associate 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 Associate’s APLGO business), may result, at the discretion of APLGO, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the Associate to take immediate corrective measures;
Imposition of a fine, which may be withheld from bonus and commission checks;
Loss of rights to one or more bonus and commission checks;
APLGO may withhold from an Associate all or part of the Associate’s bonuses and commissions during the period that APLGO is investigating any conduct allegedly violative of the Agreement. If an Associate’s business is canceled for disciplinary reasons, the Associate will not be entitled to recover any commissions withheld during the investigation period;
Suspension of the individual’s Associate Agreement for one or more pay periods;
Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of an Associate (which may subsequently be re-earned by the Associate);
Transfer or removal of some or all of an Associate’s downline Associates from the offending Associate’s downline organization.
Involuntary termination of the offender’s Associate Agreement;
Suspension and/or termination of the offending Associate’s APLGO website or website access;
Any other measure expressly allowed within any provision of the Agreement or which APLGO deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Associate’s policy violation or contractual breach;
In situations deemed appropriate by APLGO, the Company may institute legal proceedings for monetary and/or equitable relief.
9.2 Grievances and Complaints
When an Associate has a grievance or complaint with another Associate regarding any practice or conduct in relationship to their respective APLGO businesses, the complaining Associate should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Associate Services Department at the Company. The Associate Services Department will review the facts and attempt to resolve it.
Prior to instituting an arbitration (see below), the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The 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 attorneys’ fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Salt Lake City, Utah, and shall last no more than two business days.
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The Parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS Endispute (“JAMS”) under their respective rules and procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’s Streamlined Arbitration Rules & Procedures will also be emailed to Associates upon request to APLGO Compliance Department.
Notwithstanding the rules of the AAA or JAMS, the following shall apply to all Arbitration actions:
The Federal Rules of Evidence shall apply in all cases;
The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
The Parties shall be allotted equal time to present their respective cases, including cross-examinations.
All arbitration proceedings shall be held in Salt Lake City, Utah. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The parties shall be allotted equal time to present their respective cases. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:
The substance of, or basis for, the controversy, dispute, or claim;
The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
The terms or amount of any arbitration award;
The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect its intellectual property rights, and/or to enforce its rights under the non-solicitation provision of the Agreement.
9.5 Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Salt Lake City, UT Salt Lake County. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Agreement.
9.5.1 Louisiana Residents
Notwithstanding the foregoing, and the arbitration provision in Section 9.4, residents of the State of Louisiana shall be entitled to bring an action against APLGO in their home forum and pursuant to Louisiana law.
SECTION 10: PAYMENTS
10.1 Restrictions on Third Party Use of Credit Cards, Debit Cards
The use of a credit card, debit card or the making electronic payments from an account belonging to a third party has the potential to violate state and federal banking laws and dramatically increase the risk of fraudulent transactions. Such fraudulent transactions have the potential to jeopardize APLGO’s merchant accounts and banking relationships, and ultimately its ability to conduct business.
For these reasons, an Associate shall not permit other Associates or Customers to use his or her credit card, debit card or permit debits to his or her checking or savings account, to enroll in or to make purchases from the Company. An Associate shall not use the credit card or debit card of a third party or make debits to the checking or savings account of a third party, to enroll in or to make purchases from the Company.
10.2 Sales Taxes
APLGO is required to charge sales taxes on all purchases made by Associates and Customers, and remit the taxes charged to the respective states. Accordingly, APLGO will collect and remit sales taxes on behalf of Associates, based on the suggested retail price of the products or the transaction price (if allowed by the state), according to applicable tax rates in the state or province to which the shipment is destined. If an Associate has submitted, and APLGO has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the Associate (unless the state in question does not accept a Sales Tax Exemption Certificate and Sales Tax Registration License from a direct selling independent contractor). Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by APLGO is not retroactive.
SECTION 11: INACTIVITY AND TERMINATION
11.1 Effect of Termination
So long as an Associate remains active and complies with the terms of the Associate Agreement and these Policies and Procedures, APLGO shall pay commissions to such Associate in accordance with the Compensation Plan. An Associate’s bonuses and commissions constitute the entire consideration for the Associate's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an Associate’s non-renewal of his or her Associate Agreement, termination for inactivity, or voluntary or involuntary termination of his or her Associate Agreement (all of these methods are collectively referred to as “termination”), the former Associate 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. An Associate whose business is canceled will lose all rights as an Associate. This includes the right to sell APLGO products and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Associate’s former downline sales organization. In the event of termination, Associates agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.
Following an Associate’s termination of his or her Associate Agreement, the former Associate shall not hold himself or herself out as an APLGO Associate and shall not have the right to sell APLGO products. An Associate whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination).
11.2 Termination Due to Inactivity
11.2.1 Failure to Meet PV Quota
If an Associate generates no PV for 6 consecutive months, his or her Associate Agreement shall be canceled for inactivity.
11.2.2 Failure to Pay Annual Renewal Fee
If an Associate fails to pay his/her Annual Renewal fees, he/she will be inactive and not eligible to earn commissions that month. If the Annual Renewal fee remains unpaid for three consecutive months, the Associate will be canceled. The Company may also elect not to renew an Associate's Agreement upon its anniversary date.
11.2.3 Reclassification Following Termination Due to Inactivity
If an Associate is canceled for inactivity, his or her Associate Agreement will be terminated. If he or she is on the Company’s autoship program, the autoship agreement shall remain in force. However, the company reserves the right to terminate the autoship agreement.
11.3 Involuntary Termination
An Associate’s violation of any of the terms of the Agreement, including any amendments that may be made by APLGO in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of his or her Associate Agreement. Termination shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Associate’s last known address, email address, or fax number, or to his/her attorney, or when the Associate receives actual notice of termination, whichever occurs first.
APLGO reserves the right to terminate all Associate 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.
11.4 Voluntary Termination
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the Associate’s signature, printed name, address, and Associate I.D. Number. In addition to written termination, Associates who have consented to Electronic Contracting will cancel their Associate Agreement should they withdraw their consent to contract electronically. If an Associate is also on the Autoship program, the Associate’s Autoship agreement shall be terminated as well.
An Associate may also voluntarily cancel his or her Associate Agreement by failing to renew the Agreement on its anniversary date or by failing to pay his/her annual renewal fee.
11.6 Exceptions to Activity Requirements
A pregnant Associate shall be exempt from meeting her Personal Volume and Group Volume requirements for a period of three months prior to and four (4) months following the birth of a child. The Associate should notify the Associate Services Department to request a Maternity Waiver Form.
11.6.2 Military Deployment
Military personnel shall be exempt from meeting their Personal Volume and Group Volume requirements for the duration of the deployment and three (3) full calendar months thereafter while deployed into a foreign country. The Associate should notify the Associate Services Department to request a Deployment Waiver Form