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XtreamFX Policies and Procedures
POLICIES AND PROCEDURES
Last Updated May 25, 2021
These Policies and Procedures, in their present form and as amended from time to time at ABC System’s sole discretion, are incorporated into the XtreamFX Affiliate User Agreement. They are the terms and conditions of the Affiliate's contract with XtreamFX. It is the responsibility of each Affiliate to read, understand, adhere to, and ensure that he/she is aware of and operating under the most current version of these Policies and Procedures. You must also comply with the description of the Compensation Plan and honor all applicable laws in the country in which you operate your XtreamFX business.
The words "company" and "XtreamFX", when used in these documents, refer to XtreamFX, or XtreamFX, Inc. An Affiliate is an independent contractor, not an employee of XtreamFX.
The purpose of the Affiliate Agreement is: to define the relationship between XtreamFX and the Affiliate; to set standards of acceptable business behavior; to assist Affiliates in building and protecting their business.
Changes - The Company may from time to time amend the terms and conditions of the Affiliate User Agreement, Policies and Procedures, Compensation Plan and Price List. Amendments shall be effective upon notification of the changes in official XtreamFX publications distributed to all active Affiliates via the website.
Delays - XtreamFX shall not be responsible for delays and failures in performing its obligations due to circumstances beyond its reasonable control, such as strikes, labor difficulties, riots, war, fire, death, curtailment or interruption of a source of supply, government decrees or orders, etc.
Policies and Provisions Severable - If any provision of the Affiliate User Agreement as it currently exists or as may be amended is found to be invalid, illegal, or unenforceable for any reason, only the invalid provision will be severed from the Affiliate User Agreement; the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision never comprised a part of the Affiliate User Agreement.
Titles Not Substantive - The titles and headings to these Policies and Procedures are for reference purposes only and do not constitute, and shall not be construed as, substantive terms of the Affiliate User Agreement.
Waiver - XtreamFX never forfeits its right to require Affiliate compliance with the Affiliate User Agreement or with applicable laws and regulations governing business conduct. Only in rare circumstances will a policy be waived, and such waivers will be conveyed in writing by the Compliance Officer or an officer of the company. The waiver will apply only to that specific case.
Identification and Affiliate Number - When XtreamFX receives and accepts a new Affiliate account registration, XtreamFX will assign a unique Affiliate Number to that Affiliate. Affiliates must use their Affiliate Number whenever they call an Affiliate Representative to track commissions and bonuses.
Affiliate Benefits - Once XtreamFX accepts an Affiliate's Application and Agreement, the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to: purchase XtreamFX products and services at the Affiliate prices; participate in the XtreamFX Compensation Plan (receive bonuses and commissions, if eligible); sponsor other individuals as Customers or Affiliates into the XtreamFX business and thereby build a Downline Organization and progress through the XtreamFX Compensation Plan; receive XtreamFX literature and other XtreamFX communications; participate in XtreamFX-sponsored support, service, training, motivational, and recognition functions upon payment of appropriate charges, if applicable; participate in promotional and incentive contests and programs sponsored by XtreamFX for its Affiliates.
Operating as an Affiliate
Actions of Household Members or Affiliated Individuals - If any member of an Affiliate's immediate household engages in any activity which, if performed by the Affiliate would violate any provision of the Affiliate User Agreement, such activity will be deemed a violation by the Affiliate.
Adherence to the XtreamFX Compensation Plan - Affiliates must adhere to the terms of the XtreamFX Compensation Plan as set forth in official XtreamFX literature. Affiliates shall not offer the XtreamFX opportunity through, or in combination with, any other opportunity or unapproved method of marketing. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to participate in XtreamFX in any manner that varies from the program as set forth in official XtreamFX literature. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to execute any agreement or contract other than official XtreamFX agreements and contracts in order to become an Independent XtreamFX Affiliate. Similarly, Affiliates shall not require or encourage other current or prospective Customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the XtreamFX Compensation Plan, other than those purchases or payments identified as recommended or required in official XtreamFX literature.
In general - Affiliates must avoid all discourteous, deceptive, misleading, illegal, unethical, or immoral conduct or practices in their marketing and promotion of XtreamFX, the XtreamFX opportunity, the Compensation Plan, and ABC System’s products. No Affiliates may produce unauthorized sales, marketing, and support materials to market or promote XtreamFX, the XtreamFX opportunity, the Compensation Plan, ABC System’s products, or their XtreamFX businesses.
All Affiliates may only use sales aids and support materials produced or currently approved by XtreamFX. Sales, marketing and support materials include, but are not limited to, training and recruiting information, brochures, flyers, pamphlets, posters, postcards, letters, classified advertisements, etc. promoting ABC System’s products and programs, as well as e-mail messages, voice mail message recordings, and Internet Web sites used to publicize XtreamFX, its products, services, or Compensation Plan.
Media Inquiries - Affiliates must refer all media inquiries regarding XtreamFX to the XtreamFX Compliance Department. This will ensure that accurate and consistent information reaches the general public.
Trademarks and Copyrights - An Affiliate may not use the XtreamFX trademark or trade name or corporate logo to promote their independent business. Rather, they must use the "Affiliates" logo to promote their business. A reproducible copy of the logo can be obtained from XtreamFX. However, this logo may only be used on personal stationery and specifically approved literature but not on clothing, signage, or motor vehicles. Affiliates may describe themselves as an "XtreamFX Affiliate" in the business pages of the telephone directory. Affiliates should not answer the telephone in any manner that might indicate or suggest that the caller has reached a XtreamFX corporate office. Affiliates may not record or reproduce materials from any XtreamFX corporate function, event, speech, etc. Affiliates may not record, reproduce, or copy any presentation or speech by any XtreamFX spokesperson, representative, speaker, officer, director, or other Affiliates. Affiliates may not reproduce or copy any recording of a XtreamFX- produced media presentation including audio tapes, videotapes, CDs, etc. Affiliates may not publish, or cause to be published, in any written or electronic media, the name, photograph or likeness, copyrighted materials, or property of individuals Affiliate with XtreamFX without express written authorization from the individual and/or XtreamFX. Affiliates may not publish, or cause to be published, in any written form or electronic media, the copyrighted materials or property of XtreamFX, without express written authorization from XtreamFX.
Use of Affiliate Name, Likeness, and Image - Affiliate consents to ABC System’s use of his/her name, testimonial (or other statements about XtreamFX, its products or opportunity in printed or recorded form, including translations, paraphrases, and electronic reproductions of the same), and image or likeness (as produced or recorded in photographic, digital, electronic, video or film media) in connection with advertising, promoting, and publicizing the XtreamFX opportunity or products, or any XtreamFX-related or -sponsored events.
Affiliate claims and Representations
Income Claims - Affiliates may not make income projections or claims or disclose their XtreamFX income (including the showing of checks, copies of checks, or bank statements) when presenting or discussing the XtreamFX opportunity or Compensation Plan, except as set forth in official XtreamFX literature.
Unauthorized Recruiting - As an independent contractor, XtreamFX Affiliates may participate in other direct selling or network marketing or multi-level marketing ventures (collectively, "multi-level marketing"), and Affiliates may engage in selling activities related to non-XtreamFX products and services, if they desire to do so. Although an Affiliate may elect to participate in another multi-level marketing opportunity, he/she is prohibited from unauthorized recruiting activities, which include the following: recruiting or enrolling XtreamFX customers or Affiliates for other multi-level marketing business ventures, either directly or through a third party. This includes, but is not limited to, presenting or assisting in the presentation of other multi-level marketing business ventures to any XtreamFX Customer or Affiliate, or implicitly or explicitly encouraging any XtreamFX Customer or Affiliate to join other business ventures. It is a violation of this policy to recruit or enroll a XtreamFX Customer or Affiliate for another multi-level marketing business, even if the Affiliate does not know that the prospect is also a XtreamFX Customer or Affiliate; producing any literature, tapes, or promotional material of any nature for another multi-level marketing business which is used by the Affiliate or any third person to recruit XtreamFX Customers or Affiliates for that business venture; selling, offering to sell, or promoting any competing products or services to XtreamFX Customers or Affiliates. Any product or services in the same generic category as a XtreamFX product or service is deemed to be competing; offering XtreamFX products or promoting the XtreamFX Compensation Plan in conjunction with any non-XtreamFX business plan, opportunity, product, or incentive; offering any non-XtreamFX products or opportunities in conjunction with the offering of XtreamFX products or business plan or at any XtreamFX meeting, seminar, launch, convention, or other XtreamFX function; or where a prospective Affiliate or Customer accompanies an Affiliate to a XtreamFX meeting or function, no other XtreamFX Affiliate may recruit the prospect to enroll in XtreamFX or any other multi-level marketing business for a period of fourteen (14) days or unless and until the Affiliate who brought the prospect to the function advises the other XtreamFX Affiliate that the prospect has elected not to enroll in XtreamFX and that the Affiliate is no longer recruiting the prospect to enroll in XtreamFX, whichever occurs first. XtreamFX will immediately cancel the Affiliate of any Affiliate who violates this provision. Violations of this policy are especially detrimental to the growth and sales of other Affiliates' XtreamFX businesses and to ABC System’s business; where an Affiliate participates in other multi-level marketing ventures they may not participate in ABC System’s Leadership Bonus Program. Nor may they be invited to participate in XtreamFX leadership meetings, conferences, qualification seminars, and the like.
Post cancellation Solicitation Prohibited - A former Affiliate shall not directly or through a third party solicit any Affiliate or Customer to enroll in any direct sales, network marketing, or multi-level marketing program or opportunity for a period of one (1) year after the cancellation of an individual or entity's Affiliate User Agreement. This provision shall survive the expiration of the Affiliate's obligations to XtreamFX, pursuant to the Affiliate User Agreement.
Down line Genealogy Reports - The XtreamFX Down line Genealogy Reports are confidential and contain proprietary business trade secrets. An Affiliate may not use the reports for any purpose other than for developing their XtreamFX business. During any term of the Affiliate User Agreement and for a period of five (5) years after the termination or expiration of the Affiliate User Agreement between Affiliate and XtreamFX, for any reason whatsoever, an Affiliate shall not, on his/her own behalf or on behalf of any other person, partnership, association, corporation, or other entity: disclose any information contained in the reports to any third party; use the reports to compete with XtreamFX; or Recruit or solicit any Affiliate or Customer listed on the reports to participate in other multi-level marketing ventures. This provision shall survive the termination or expiration of this Agreement.
Corporation, Partnerships, and Trusts - A corporation, partnership, or trust (collectively referred to in this section as an "Entity") may apply to be a XtreamFX Affiliate by submitting its Certificate of Incorporation, Partnership Agreement, or trust documents (these documents are collectively referred to as the "Entity Documents") to XtreamFX along with a properly completed Corporation, Partnership DBA Registration Form. An Affiliate may change its status under the same sponsor from an individual to a partnership, corporation, or trust, or from one type of entity to another. To do so, the Affiliate(s) must provide the entity documents and a properly completed Affiliate Application and Agreement and the appropriate registration form. The Corporation, Partnership DBA Registration Form must be signed by all of the directors, shareholders, partners, trustees, or other individuals having ownership interest in the business. Members of the entity are jointly and severally liable for any indebtedness or other obligations to XtreamFX. As set forth herein, no individual may participate directly or indirectly in more than one Affiliate. It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed. XtreamFX reserves the right to approve or disapprove any Affiliate Application and Agreement submitted by an Entity. For the purpose of recognition and rewards, XtreamFX will only recognize a maximum of two persons in the Entity. The Entity must nominate each year, at its Affiliate renewal time, the two nominees who may be the recipients of any recognition, rewards, trips, and the like which the entity becomes entitled to participate in.
Deceptive Practices - Affiliates must fairly and truthfully explain the XtreamFX products, opportunity, Compensation Plan, and Policies and Procedures to prospective Affiliates. This includes: Being honest and thorough in presenting material from the XtreamFX Compensation Plan to all potential Affiliates; making clear that income from the XtreamFX Compensation Plan is based on product sales and not merely on sponsoring other Affiliates; making estimates of profit that are based on reasonable predictions for what an average Affiliate would achieve in normal circumstances; representing that past earnings in a given set of circumstances do not necessarily reflect future earnings; not misrepresenting the amount of expenditure that an average Affiliate might incur in carrying on the business; not misrepresenting the amount of time an average Affiliate would have to devote to the business to achieve the profit estimated, and not stating that profits or earnings are guaranteed for any individual Affiliate; never stating or inferring that you will build a Down line Organization for anyone else; never stating that profits or earnings are guaranteed for an individual Affiliate; and never stating that any consumer, business, or government agency has approved or endorsed the XtreamFX products or its Compensation Plan; never participating in down line purchasing (placing a sales order in a Retail Account other than where the sale was generated).
Independent Contractor Status - Affiliates are independent contractors and are not purchasers of a franchise or business opportunity. The agreement between XtreamFX and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. All Affiliates are responsible for paying their own income and employment taxes. Affiliates will not be treated as employees for any purpose including, but not limited to, workers compensation, superannuation, or insurance. Each Affiliate is encouraged to establish his/her own goals, hours, and methods of sale, so long as he/she complies with applicable laws and the terms and conditions of the Affiliate User Agreement.
International - Affiliates may sell and promote ABC System’s products, opportunity, and services or recruit or enroll any potential Affiliate or customer only in countries in which XtreamFX is approved for business, as announced in official XtreamFX communications. If an Affiliate desires to conduct business in an authorized country other than the one in which they are an Affiliate, he/ she must comply with all the applicable laws and regulations for that country.
Adherence to Laws and Ordinances - You must obey all laws that apply to your business.
Affiliate limited to 1 - An Affiliate may operate, receive compensation from, or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one XtreamFX Affiliateship. However, notwithstanding this rule, your spouse may become an Affiliate and operate a second Affiliate as long your spouse's Affiliate is placed below one of your Affiliates and not in a cross line sales organization. The second Affiliate must be a bona fide Affiliate that is operated by the person listed on the agreement and not by the owner of the first Affiliate.
Sale, Transfer, or Assignment of Affiliate - An Affiliate may not sell, transfer, or assign their Affiliate rights to any person or entity without ABC System’s express written approval. To obtain approval, you must: be an Affiliate in good standing as determined by XtreamFX in its sole discretion; before any transfer will be approved by XtreamFX, any debt obligations the selling Affiliate has with XtreamFX must be satisfied; the transferring Affiliate must be in good standing and not in violation of any of the terms of the Affiliate User Agreement or these Policies and Procedures, to transfer his/her Affiliate; the combining of Affiliates is not permitted. XtreamFX will not approve the transfer of an Affiliate to any individual or Entity that is a current Affiliate or who has an ownership interest in any Affiliate. Similarly, XtreamFX will not approve the transfer of an Affiliate to any individual or Entity that has previously had any ownership interest in or operated, an XtreamFX Affiliateship; no individual Business Centers may be transferred separately from the Affiliate. If an Affiliate wishes to transfer his/her Affiliate, all Business Centers must be included in the transfer; the transferring Affiliate must notify the XtreamFX Compliance Department of his/her intent to transfer the Affiliate by completing and submitting a signed Transfer of Affiliate and Affiliate Application Form. No changes in line of sponsorship can result from the transfer of an Affiliate; the transferee must be eligible to become an Independent XtreamFX Affiliate and be acceptable to XtreamFX in every respect.
Separation of an Affiliate - If Affiliates wish to dissolve their jointly held Affiliate, they must do so in such a way as to not disturb the income or interests of their Up line and Down line Organizations. Affiliates should consider the following when deciding whether or not to dissolve a jointly held Affiliate: if a jointly owned Affiliate is dissolved, anyone of the joint owners may operate the Affiliate, but the other joint owners must relinquish their rights to, and interests in, the Affiliate; XtreamFX cannot divide a Down line Organization, nor can it split commission or bonus checks between the joint owners; if a jointly owned Affiliate is dissolved, the individual(s) who relinquished ownership in the original Affiliate may apply as new Affiliates under any Sponsor but may not purchase or join an existing Affiliate.
Succession - If an Affiliate dies or becomes incapacitated, his/her rights to commissions, bonuses, and Down line Organization, together with all Affiliate responsibilities, will pass to his/her successor(s). Upon death or incapacitation, the successor(s) must present the XtreamFX Compliance Department with proof of death or incapacitation, along with proof of succession, such as a Grant of Probate or an Enduring Power of Attorney, and a properly completed Affiliate Application and Agreement. You may inherit and retain another Affiliate even though you currently own or operate an Affiliate. A non-Affiliate who acquires a Affiliate through succession must purchase a current Business Starter Kit
Taxes - XtreamFX Affiliates must comply with all relevant taxation legislation. Affiliates should seek professional advice from their own accountant or tax advisor as to how to keep proper business records and account for tax aspects of their independent business. Affiliates' XtreamFX income may be subject to income tax and so must be properly accounted for in annual income tax returns. Affiliates conducting their XtreamFX business in a business-like manner may also be entitled to deduct certain expenses incurred in earning their XtreamFX income. Such expenses should be properly recorded and evidenced with receipts.
Telephone and Email Solicitation - The use of any automated telephone solicitation equipment in connection with the marketing or promotion of XtreamFX, its products, or the XtreamFX opportunity is strictly prohibited. The use telemarketing operations to sell products or services over the telephone, or to recruit Affiliates, is strictly prohibited. Affiliates are also forbidden from sending unsolicited e-mail messages or "spamming" to sell products or to recruit Affiliates. Affiliates should also make themselves familiar with relevant privacy legislation.
Territories - There are no exclusive territories for marketing XtreamFX products or services, nor shall any Affiliate imply or state that he/she has an exclusive territory to market XtreamFX products or services.
Trade Shows and Expositions - Affiliates may display and/or sell XtreamFX products at trade shows and expositions, but may not display or sell XtreamFX products at swap meets, garage sales, flea markets, or farmers' markets as these events are not conducive to the image XtreamFX wishes to portray. XtreamFX cannot supply inventory on consignment to Affiliates operating stands at such events. All literature displayed at the event must be official XtreamFX literature and must clearly identify the individual(s) as Affiliates.
Transfer of Sponsorship
Conflicting Enrolments - Every prospective Affiliate has the ultimate right to choose his/her own Sponsor. As a general rule, the first Affiliate who does meaningful work with a prospective Affiliate is considered to have first claim to sponsorship. Basic tenets of common sense and consideration should govern any dispute that may arise. In the event that a prospective Affiliate or any Affiliate on behalf of a prospective Affiliate, submits more than one Affiliate Application and Agreement to XtreamFX, listing a different Sponsor on each, the Company will only consider valid the first Affiliate Application and Agreement that it receives, accepts, and processes. If there is any question concerning the sponsorship of an Affiliate, the final decision will be made by XtreamFX.
Cross-line Raiding - XtreamFX will not permit any change in the line of sponsorship except in the following circumstances: where an Affiliate has been fraudulently or unethically induced into joining XtreamFX; where an incorrect placement was made due to an Affiliate error, a change in the line of sponsorship can be made to correct the error where a request for a change is made within 10 days of enrolment. If you make such a request, you must also submit the written consent of your Sponsor and that person's Sponsor along with the required placement change fee. If at the time of the request you have any down line organization in place, no change will be permitted in the line of sponsorship. In the event that such a change is approved, commissions and bonuses earned will be adjusted accordingly. In no case will a change of placement be approved where a signed application has not been received by XtreamFX; if you terminate your Affiliate in writing you may rejoin under the Sponsor of your choice after a period of six (6) months; following termination of your Affiliate, you may participate as a Customer during the six (6) month period. In the event you terminate your Affiliate, you forfeit all rights, bonuses, and commissions under your previous line of sponsoring. You may not avoid compliance with this policy through the use of DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers, etc. If you have been "inactive" (i.e., no purchases or sales of XtreamFX products or participation in any other form as an Affiliate) for a period of twelve (12) successive months, you may terminate your; Affiliate in writing and rejoin immediately under the Sponsor of your choice; cross-line raiding is strictly prohibited. "Cross-line raiding" is defined as the enrolment or attempted enrolment of an individual or Entity that already has a current Affiliate User Agreement on AFFILIATE with XtreamFX, or who has had such agreement within the preceding six (6) calendar months within a different line of sponsorship. The use of trade names, DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers or any other vehicle to circumvent this policy is prohibited. Affiliates may not demean, discredit, or invalidate other XtreamFX Affiliates in an attempt to entice another Affiliate to become part of the first Affiliate's Down line Organization.
Responsibilities of Affiliates and Sponsors
Ongoing Supervision, Training, and Sales - Any Affiliate who sponsors another Affiliate into XtreamFX must train the new Affiliate in product knowledge, effective sales techniques, the Compensation Plan, and the Policies and Procedures. Affiliates must also supervise and monitor Affiliates in their Down line Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an Affiliate progresses through the various levels of leadership, his/her responsibilities to train and motivate down line Affiliates will increase.
Non-Disparagement - In setting the proper example for their down line, Affiliates must not disparage other XtreamFX Affiliates, ABC System’s Products, the Compensation Plan, or the Company's employees. Such disparagement constitutes a material breach of these Policies and Procedures.
Holding Applications or Orders - All Affiliates must forward to XtreamFX any forms and applications they receive from other Affiliates or applicant Affiliates, or Customers or applicant Customers, on the next business day after which the forms or applications are signed.
Reporting Policy Violations - Affiliates should report any observed violations of a policy violation to the XtreamFX Compliance Department.
Regarding XtreamFX Replicated Personal Website Fee of .03 Bitcoin
Bonuses and Commissions
Bonus and Commission Cycles - XtreamFX pays commissions on daily and weekly cycles to the Affiliate's Ledgers located in the Affiliates Back Office. An Affiliate must review his/her commissions and report any errors or discrepancies to XtreamFX within ten (10) days from the date of the commission payment. Errors or discrepancies which are not brought to ABC System’s attention within the 10 day period will be deemed waived by the Affiliate.
Adjustment of Bonuses and Commissions - Affiliates earn commissions and bonuses based on product sales to End Consumers. Accordingly, XtreamFX will adjust commissions and bonuses earned from any sale when the Affiliate or any other end users returns the sold product for a refund. XtreamFX will deduct the sales volume attributable to the returned product from the Up-line Affiliate's group volume within the first two (2) weeks after the refund is given.
Loss of Rights to Commissions – All Affiliates are eligible to receive Sales Commissions. You must be an active Affiliate and in compliance with the terms of the Affiliate User Agreement to qualify for Quick Pay Bonuses, Dual Team Bonuses and Minimum Daily Bonuses.
Unclaimed Commissions - Affiliates who provide XtreamFX with incomplete or invalid bank account information will have their commission and bonus retained as a credit. Any unclaimed credit will be held in trust for 12 months, during which time XtreamFX may periodically notify the Affiliates in writing of their credit balance.
Dispute Resolution and Disciplinary Proceedings between Affiliates
Grievances and Complaints - When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective XtreamFX businesses, the complaining Affiliate should first discuss the problem with the other Affiliate. If this does not resolve the problem, the complaining Affiliate should report the problem to his/her up line to resolve the issue at a local level. If the matter cannot be resolved, it must be reported in writing to the XtreamFX Compliance Department. The Compliance Department will review the complaint and make a final decision. The complaint should identify specific instances of alleged improper conduct and, to the extent possible, identify the relevant dates on which the event(s) complained of took place, the location(s) where they occurred, and all persons who have firsthand knowledge of the improper conduct.
Compliance Department Review - Upon receipt of a written complaint, the XtreamFX Compliance Department will investigate the matter, review the applicable policies, and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions consistent with the provisions of this Agreement
Disputes between XtreamFX and Affiliates
Mediation and arbitration - All unresolved disputes and claims relating to XtreamFX, its Compensation Plan, its Products, the rights and obligations of its Affiliates and XtreamFX, or any other claim or cause of action relating to product purchase(s) or performance, either of an Affiliate or of XtreamFX under the Affiliate User Agreement, shall first be put before a mediator acceptable to both parties for resolution. Each party shall bear its own costs in the mediation. Should mediation fail to resolve the dispute then it shall be put before arbitration in Palm Beach County, Florida, USA. Each party to the arbitration shall be responsible for their own costs, including legal and filing fees. This agreement to mediate and, failing mediation, arbitrate will survive any cancellation or expiration of the Affiliate User Agreement. Nothing in these Policies and Procedures shall prevent XtreamFX from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary injunction, preliminary injunction, permanent injunction, or other available relief to safeguard and protect ABC System’s interest prior to, during, or following the filing of any arbitration or other proceeding, or pending the rendering of a decision or award in connection with any arbitration or other proceeding. The existence of any Affiliate claim or cause of action against XtreamFX does not preclude XtreamFX from enforcing the Affiliate's covenants and agreements contained in the Affiliate User Agreement.
Jurisdiction, Venue, and Choice of Law - The jurisdiction and venue of any matter pursuant to this agreement shall reside in Broward County, Florida, USA.
Disciplinary Actions - Violation of any of the terms and conditions of the Affiliate User Agreement, or any illegal, fraudulent, deceptive, or unethical business conduct by an Affiliate, may result, at ABC System’s discretion, in one or more of the following sanctions: a written warning, clarifying the meaning and application of a specific policy or procedure, and advising that a continued breach ill result in further sanctions; probation, which may include requiring an Affiliate to take remedial action and will include follow-up monitoring by XtreamFX to ensure compliance with the Agreement; withdrawal or denial of an award or recognition, or restricting participation in XtreamFX-sponsored events for a specified period of time or until the Affiliate satisfies certain specified conditions; suspension of certain privileges of Affiliate, including but not limited to placing a product order, participating in XtreamFX programs, progressing in the Compensation Plan, or participating as a Sponsor (including participating as an International Sponsor), for a specified period of time or until the Affiliate satisfies certain specified conditions; withholding commissions or bonuses for a specified period of time or until the Affiliate satisfies certain specified conditions; imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by XtreamFX and as permitted by law; and/or terminating an Affiliate.
Changes to the Affiliate - Each Affiliate must immediately notify XtreamFX of all changes to the information contained on the Affiliate Application and Agreement. Affiliates may modify their existing Affiliate User Agreement by submitting a written request, a properly executed Affiliate Application and Agreement, and appropriate supporting documentation.
Addition of Co-applicants - When adding a co-applicant to an existing Affiliate, XtreamFX requires both a written request and a properly completed Affiliate Application and Agreement containing the applicant's and co- applicant's signatures. The modifications permitted within the scope of this paragraph do not include a change of sponsorship.
Commission Statements/tax Invoices - Commission Statements/Tax Invoices are provided for all active Affiliates receiving a commission Check in your Affiliate Back Office.
Errors or Questions - In the event an Affiliate has questions about or believes that any errors have been made regarding commissions, bonuses, Down line Genealogy Reports, orders, or charges, the Affiliate must notify XtreamFX within thirty (30) days of the date of the purported error or incident in question. XtreamFX will not be responsible for any error, omission, or problem not reported within thirty (30) days.
Resolving Problems - If you have any questions regarding shipments, orders, commissions and bonuses, or the Compensation Plan, please write or call the XtreamFX Support Services.
Inactivity and Cancellation Policies - Affiliates who do not meet the Personal Sales Volume requirements specified in the XtreamFX Compensation Plan may not receive a commission and may lose accumulated Sales Volume for the sales generated through their Down line Organization.
Involuntary Cancellation - An Affiliate's violation of any of the terms of the Affiliate User Agreement, including any amendments which may be made by XtreamFX in its sole discretion from time to time, constitutes a material breach of the Affiliate User Agreement and may result, at ABC System’s option, in any of the Disciplinary Actions listed herein, including cancellation of his/her Affiliate. Involuntary Cancellation of an Affiliate will result in the Affiliate's loss of all rights to his/her Down line Organization and any bonuses and commissions generated thereby. An Affiliate whose Agreement is involuntarily cancelled shall receive commissions and bonuses only for the last full calendar week prior to termination. When an Affiliate is involuntarily cancelled, the Affiliate will be notified by certified mail at the address on file with the Company. Cancellation is effective on the date on which written notice is mailed via certified mail, return receipt requested, to the Affiliate's last known address or when the Affiliate receives actual notice of cancellation, whichever occurs first. In the event of such Involuntary Cancellation, the Affiliate must immediately cease to representing himself/herself as a XtreamFX Affiliate. The Affiliate may appeal the termination to the XtreamFX Compliance Department. The Affiliate's appeal must be in writing and must be received by the company within fifteen (15) calendar days of the date of ABC System’s cancellation letter. If XtreamFX does not receive the appeal within the fifteen-day period, the cancellation will be final. The Affiliate must submit all supporting documentation with his/ her appeal correspondence. The written appeal will be reviewed by the Compliance Department. If the Affiliate files a timely appeal of termination, the Compliance Department will review and reconsider the termination, consider any other appropriate action, and notify the Affiliate in writing of its decision. This decision of the Compliance Department will be final. An Affiliate whose Affiliate User Agreement is involuntarily cancelled may reapply to become an Affiliate twelve (12) calendar months from the date of cancellation. Any such Affiliate wishing to reapply must submit a letter to the XtreamFX Compliance Department setting forth the reasons why he/she believes XtreamFX should allow him or her to operate an Affiliate. It is within ABC System’s sole discretion whether to permit such an individual to again operate a XtreamFX business.
Written Cancellation - An Affiliate may cancel his/her Agreement with XtreamFX at any time and for any reason by providing written notice to XtreamFX indicating his/her intent to discontinue his/her Affiliate status. The written notice must include the Affiliate's signature, printed name, address, and appropriate identification number.
Effect of Cancellation - Following an Affiliate's voluntary or involuntary cancellation, such former Affiliate shall have no right, title, claim, or interest to the Downline Organization which he/she operated or any bonus and/or commission from the sales generated by the organization. Following an Affiliate's voluntary or involuntary cancellation, the former Affiliate shall not hold himself or herself out as a XtreamFX Affiliate shall not have the right to sell XtreamFX products or services, must remove any XtreamFX sign from public view, and must discontinue using any other materials bearing any XtreamFX logo, trademark, or service mark. An Affiliate who is voluntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to his/her cancellation. An Affiliate whose Agreement is involuntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to cancellation, unless monies were withheld by the Company during an investigation period. If an investigation of the Affiliate's conduct results in his/her involuntary cancellation, he/she shall not be entitled to recover withheld commissions and bonuses.
Active Affiliate - An Affiliate who satisfies the minimum Personal Sales Volume requirements as set forth in the XtreamFX Compensation Plan.
Affiliate - An individual who has executed an Affiliate application and agreement which has been accepted by XtreamFX. Affiliates are required to meet certain qualifications and are responsible for the training, motivation, support, and development of the Affiliates in their respective Down line Organizations. Affiliates are entitled to purchase XtreamFX products at Affiliate prices, enroll Customers and new Affiliates, and take part in all Company Affiliate programs.
Affiliate User Agreement - The term Affiliate User Agreement, as used in the Policies and Procedures, refers to the Affiliate Application and Agreement, ABC System’s Policies and Procedures, and the Compensation Plan.
Cancellation - Termination of an individual's Affiliate. Cancellation may be either voluntary or involuntary
Involuntary Cancellation - Termination of an Affiliate which is initiated by XtreamFX.
Voluntary Cancellation - The termination of an Affiliate instituted by the Affiliate who elects to discontinue his/her affiliation with XtreamFX for any reason.
Down line Organization - An Affiliate's down line Organization consists of all Affiliates below him/her.
Genealogy Report - A report generated by XtreamFX that provides critical data relating to the identities of Affiliates and sales information of each Affiliate's Down line Organization. This report contains proprietary trade secret information.
Left Side Group Sales Volume (GSV) - The commissionable volume of products sold in the left down line leg of a particular Dual Team Foundation.
Right Side Group Sales Volume (GSV) - The commissionable volume of products sold in the right down line leg of a particular Dual Team Foundation.
Immediate Household - An Affiliate, his or her spouse or defacto, and dependents.
Level - The layers of down line Affiliates in a particular Affiliate's down line Organization. This term refers to the relationship of an Affiliate relative to a particular up line Affiliate, determined by the number of Affiliates between them who are related by sponsorship.
Official XtreamFX Material - Literature, audio or video tapes, and other materials developed, printed, published, or distributed by XtreamFX.
Sponsor - An Affiliate who enrolls a new Affiliate or Preferred Customer and is listed as the Sponsor on the Affiliate Application and Agreement. As the term implies, the Sponsor has a responsibility to assist those he/she brings into the business.
Up line - The term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line to the company. Conversely stated, it is the line of Sponsors that links any particular Affiliate to the Company.
XtreamFX Website Disclaimer
XtreamFX USER AGREEMENT
Last Updated May 25, 2021
Affiliate User Agreement between the named Applicant and XtreamFX effective under the terms and conditions below:
Applicant hereby applies for authorization as an Affiliate in ABC System’s network marketing program. For a period of 21 days from the submission of this application, or until such time as XtreamFX notifies Applicant of this application's acceptance or rejection, Applicant is provisionally authorized as an Affiliate and granted the rights to sell XtreamFX products. XtreamFX reserves the right to accept or reject any application for any reason.
Upon acceptance as an Affiliate by XtreamFX, Applicant is authorized as an Affiliate for one calendar year. The Company reserves the right to terminate this Agreement at any time if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and or services via direct selling channels, or at any time upon not less than 7 days' notice and without further notice if the Affiliate breaches this Agreement and fails to remedy the breach before the end of the notice period.
Applicant is an independent contractor under the terms of this agreement, and not an agent, employee, or legal representative of his/ her sponsor or XtreamFX, and will in no way represent him/herself as such. As such, Applicant has no power to bind XtreamFX to any obligation and Applicant is responsible for all applicable income, sales, social security, unemployment or other tax, license, or fee arising out of Applicant’s activities hereunder.
Applicant will not produce, promote, or use materials of any kind describing ABC System’s names, programs, products, and trademarked, copyrighted, or otherwise protected materials except as permitted in ABC System’s policies.
Applicant has the duty to supervise and train any Affiliates that he/she may sponsor as described in the Policies and Procedures. Applicant will explain ABC System’s programs honestly and completely when presenting them to others. Applicant understands and will make clear in any presentation the following: that no earnings are guaranteed by XtreamFX or its programs; no Affiliate will earn money solely for sponsoring; no specific amount of product must be purchased at any level; commissions are based on product sales; that there are no exclusive territories for Affiliates in the program.
Applicant agrees that compensation is only paid for sales of product as defined in the Policies and Procedures and in the company's Compensation Plan.
Any sale or assignment of this agreement must be approved by XtreamFX. Successors in interest or assigns must comply with all program requirements.
The undersigned hereby acknowledges that he/she is of legal age and authorized to bind Applicant to each of the terms set forth herein and to the terms of the Policies & Procedures.
Venue and jurisdiction for any action pertaining to this agreement or any Affiliate agreement or claim between the parties hereto shall be in Broward County, Florida, except where the laws of your state expressly require the application of its laws. This agreement shall be governed by the laws of United States.
No purchase is necessary to become an Independent Affiliate.
You have the right to cancel your Agreement at any time and for any reason.
You are free to participate in other multilevel marketing ventures, but you may not sell or promote to other XtreamFX Affiliates or Customers similar or competitive products or services or any other multilevel marketing opportunity.
XtreamFX genealogy reports are confidential and proprietary business trade secrets. You may not use the reports for any purpose other than to develop your XtreamFX business. Specifically, you must not disclose any information contained in the reports to a third party or use the reports to compete with XtreamFX or to recruit or solicit other Affiliates or Customers to participate in other multilevel marketing ventures.
ABC System’s failure to exercise any rights as set forth in this agreement or to insist on your strict compliance with the terms and conditions of this agreement and the Policies & Procedures does not constitute a waiver of ABC System’s right to require compliance therewith.
ABC System’s waiver of any Affiliate default does not affect ABC System’s rights with respect to any subsequent default or the rights or obligations of any other Affiliate. Delays or omissions by XtreamFX in exercising rights which might arise from an Affiliate's default do not affect the company's rights concerning the default or any subsequent default.
XtreamFX reserves the right to cancel any Affiliate at any time for cause if the Affiliate violates the terms and conditions of this Agreement or the provisions of the Policies & Procedures and Compensation Plan.
Taxpayer Identification Number. If you are a United States person (including a resident alien), you must provide XtreamFX with your correct taxpayer identification number ("TIN"), which for individuals is either your Social Security Number ("SSN") or, if you are a resident alien and you do not have and are not eligible to get an SSN, your Individual taxpayer Identification Number ("ITIN"). For a distributorship that is a partnership, corporation, company or association organized in the United States or under the laws of the United States, you must provide XtreamFX with your employer Identification Number ("EIN"). If you fail to provide XtreamFX with a TIN or the TIN you provide to XtreamFX is incorrect, XtreamFX will withhold and pay to the IRS 28 percent of your income over $600, unless you certify to XtreamFX that you are a corporation exempt from backup withholding or otherwise not subject to backup withholding. By signing this Agreement, you certify that (i) the TIN you have provided to XtreamFX is correct, (ii) you are a United States person (including a resident alien),(iii) if applicable, you are not subject to backup withholding, and (iv) you are exempt from the requirement to report foreign financial assets under the Foreign Account Tax Compliance Act ("FATCA").
You may be required from time to time to provide XtreamFX with personal information relating to your Affiliate Agreement. ABC System’s rights to use your personal information and your rights to access and correct the personal information you give XtreamFX are described in ABC System’s Policies & Procedures. By signing this Agreement, you consent to ABC System’s collection, use, and disclosure of your personal information in accordance with ABC System’s Policies & Procedures.
By registering on our website, you give XtreamFX consent to contact you by telephone, facsimile transmission, e-mail or text, concerning your Affiliate Agreement, and any related XtreamFX matter.
Affiliate agrees not to contact or initiate contact at any time or for any purpose, either directly or indirectly, with any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of ABC System’s Vendors or Suppliers, unless such approval is specifically granted in written form by XtreamFX, which shall be considered on a case-by-case basis. Any communication sent by any Affiliate to ABC System’s Vendors or Suppliers, either directly or indirectly to any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of ABC System’s Vendors or Suppliers is in direct violation of this Affiliate Agreement and could result in the termination of your Affiliate Agreement. This includes any and all verbal and or written communications. From time to time XtreamFX may invite guest from ABC System’s Vendors or Suppliers to speak on XtreamFX webinars and conference calls, such guest appearance do not constitute ABC System’s approval for furthered communications with ABC System’s Vendors or Suppliers. You further agree and understand that the only entity which has an Agreement with ABC System’s Vendors or Suppliers is XtreamFX.
To the maximum extent permitted by law, XtreamFX, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "affiliates"), shall not be liable for, and I release XtreamFX and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release XtreamFX and its affiliates from all liability arising from or relating to: (a) my, or any other Affiliate 's, breach of the Agreement; (b) the promotion or operation of a XtreamFX business by me or any other Affiliate and any activities related to it, including, but not limited to, the presentation of Products/Services or the Company Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify XtreamFX and its affiliates for any liability, damages, fines, penalties, or other; (c) any incorrect data or information provided by me or any other Affiliates to XtreamFX; (d) my, or any other Affiliate's, failure to provide any information or data necessary for XtreamFX to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify XtreamFX for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my XtreamFX business.