SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into VOLOpreneur™ Agreement
1.3 Changes To The VOLOpreneur™ Agreement, Policies And Procedures, Or Volo™ Success Plan
1.5 Policies And Provisions Severable
SECTION 2 –BECOMING AN VOLOPRENEUR™
2.1 Requirements To Become An VOLOpreneur™
2.2 New VOLOpreneur™ Registration By Internet
2.3 VOLOpreneur™ Benefits
2.4 Term And Renewal Of a Volo™ Business
SECTION 3 – INCOME DISCLOSURE POLICY
SECTION 4 – ADVERTISING
4.1 Adherence To The Volo™ Success Plan
4.2 Use Of Sales Aid
4.3 Intellectual Property
4.4 Web Policy
4.5 Domain Names And Email Addresses
4.6 Advertised Price
4.7 Generic Business Advertisements
4.8 Media And Media Inquiries
4.9 Unsolicited Email And Fax Communication
SECTION 5 –OPERATING A Volo™ BUSINESS
5.1 - Business Entities
5.1.1 Changes to a Business Entity
5.1.2 Change of Sponsor
5.1.3 Change of Placement
5.2 Unauthorized Claims And Action
5.2.2 Endorsement of Volo™ Product & Services
5.3.2 Sale of Competing Goods or Services
5.3.3 Targeting Other Direct Sellers
5.3.4 Privacy and Confidentiality
5.3.5 The Data Management Rule
5.4 Cross Sponsoring
5.5 Governmental Approval Or Endorsement
5.7 Income Taxes
5.8 Independent Contractor Status
5.9 Bonus Buying
5.11 One Volo™ Business Per VOLOpreneur™
5.13 Sale, Transfer, Or Assignment Of A Volo™ Business
5.14 Separation Of A Volo™ Business
6 RESPONSIBILITIES OF AN VOLOPRENEUR™
6.1 Change Of Address, Telephone No., Email-Address
6.2 Responsibilities of a Sponsoring VOLOpreneur™
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.4 Reporting Policy Violations
7 AUTOMATIC BILLING
8 BONUSES AND COMMISSIONS
8.1 Bonus And Commission Qualifications
8.2 Errors Or Questions
8.3 Bonus Buying Prohibited
9 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
9.4 Governing Law, Jurisdiction, And Venue
10 EFFECT OF CANCELLATION
10.1 Effect Of Cancellation And Termination
STATEMENT OF POLICIES AND PROCEDURES
Effective April 24, 2018
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics
Volo™ Group, Inc. (hereafter “Volo™” or simply “Company”) is a values-based company that prides itself on the quality and character of those who sell its products and services, referred to as VOLOpreneur™ (hereafter, “VOLOpreneur™”). The following guidelines help ensure a uniform standard of excellence throughout the entire Volo™ organization from the top-down. Because every VOLOpreneur™ is expected to practice the highest form of ethical behaviors when acting in the name of the company, you agree to the following:
1.2 - Policies Incorporated into VOLOpreneur™ Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of Volo™, are incorporated into, and form an integral part of, the Volo™ VOLOpreneur™ Application and Agreement (hereafter “Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the VOLOpreneur™ Agreement, these Policies, and the Volo™ Compensation Plan (hereafter, the “Volo™ Success Plan”). These documents are incorporated by reference into the Agreement (all in their current form and as amended by Volo™). It is the responsibility of each VOLOpreneur™ to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new VOLOpreneur™, it is the responsibility of the sponsoring VOLOpreneur™ (known as “Sponsor”) to provide the most current version of these Policies and Procedures prior to his or her execution of the Agreement.
1.3 - Changes to the VOLOpreneur™ Agreement, Policies and Procedures, or Success Plan
Because federal, state, and local laws, as well as the business environment, periodically change, Volo™ reserves the right to amend the Agreement and the prices in its Volo™ Product/Service Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Company Materials. Amendments shall be effective upon publication in Official Company Materials, including but not limited to, posting on Volo’s™ website, e-mail distribution, publication in Volo’s™ newsletter, product inserts, or any other commercially reasonable method. The continuation of an VOLOpreneur’s™ Volo™ business or an VOLOpreneur’s™ acceptance of bonuses or commissions constitutes acceptance of any and all amendments. The ability to modify the agreement does not extend to the dispute resolution section in these Policies (Section 9), as those provisions can only be modified by way of mutual consent.
1.4 - Delays
Volo™ shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death, curtailment of a party’s source of supply, or government decrees or orders.
1.5 –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 and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
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 Volo™ to exercise any right or power under the Agreement or to insist upon strict compliance by an VOLOpreneur™ 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 Volo’s™ right to demand exact compliance with the Agreement. Waiver by Volo™ can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING AN VOLOPRENEUR™
2.1 - Requirements to Become an VOLOpreneur™
To become a VOLOpreneur™, each applicant must:
2.2 - New VOLOpreneur™ Registration by the Internet
A prospective VOLOpreneur™ may self-enroll on the sponsor’s web site. In such event, instead of a physically signed Agreement, Volo™ will accept the Agreement by way of the VOLOpreneur’s™ “electronic signature.” The electronic signature signifies that the new VOLOpreneur™ has accepted the terms and conditions of the VOLOpreneur™ Agreement. Please note that such electronic signature constitutes a legally binding agreement between you and the Company.
2.3 - VOLOpreneur™ Benefits
Once an Agreement has been accepted by Volo™, the benefits of both the Volo™ Success Plan and the VOLOpreneur™ Agreement are available to the new VOLOpreneur™. These benefits include the right to:
2.4–Terms and Renewal of a Volo™ Business
An VOLOpreneur™ must renew their VOLOpreneur™ status through the monthly submission of a $11 administrative fee. This administrative fee is non-commissionable and provides an VOLOpreneur™ with back-office support. This payment is due on the monthly anniversary date of the VOLOpreneur’s™ acceptance into the Volo™ business. If an VOLOpreneur™ allows his or her business to expire due to nonpayment of this administrative fee, the VOLOpreneur™ will lose any and all rights to his or her downline organization unless payment occurs within thirty (30) days.
Upon payment of the administrative fee within the thirty-day grace period, the VOLOpreneur™ will resume the rank and position held immediately prior to the expiration of the Agreement. However, such VOLOpreneur’s™ paid as level will not be restored unless he or she qualifies at that payout level in the new month. The VOLOpreneur™ is not eligible to receive commissions for the time period that the VOLOpreneur’s™ business was expired.
SECTION 3 – INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, Volo™ has developed an income disclaimer (“Income Disclaimer”). The Volo™ Income Disclaimer is designed to convey truthful, timely, and comprehensive information regarding the income that VOLOpreneurs™ may earn. In order to accomplish this objective, a copy of the Income Disclaimer must be presented to all prospective VOLOpreneurs™.
A copy of the Income Disclaimer must be presented to a prospective VOLOpreneur™ (someone who is not a party to a current VOLOpreneur™ Agreement) anytime the Success 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”) includes any of the following: (i) statements of average earnings; (ii) statements of non-average earnings; (iii) statements of earnings ranges; (iv) income testimonials; (v) lifestyle claims; and (vi) hypothetical claims. Examples of “statements of non-average earnings” may include, “Our number one VOLOpreneur™ earned over six hundred thousand dollars last year” or “Our average-ranking VOLOpreneur™ makes three thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking VOLOpreneurs™ is eight thousand dollars on the low end to twenty thousand dollars a month on the high end.”
In any meeting that is open to the public in which the Volo™ Success Plan is discussed or any type of income claim is made, you must provide every prospective VOLOpreneur™ with a copy of the Income Disclaimer. Copies of the Income Disclaimer may be printed or downloaded without charge from the company website.
SECTION 4 – ADVERTISING
4.1 - Adherence to the Volo™ Success Plan
VOLOpreneurs™ must adhere to the terms of the Volo™ Success Plan as set forth in Official Company Materials. VOLOpreneurs™ shall not offer the Volo™ opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Company Materials. VOLOpreneurs™ shall not require or encourage other current or prospective Customers or VOLOpreneurs to participate in Volo™ in any manner that varies from the program as set forth in Official Company Materials. VOLOpreneurs™ shall not require or encourage other current or prospective Customers or VOLOpreneurs™ to execute any agreement or contract other than official Volo™ agreements and contracts in order to become an VOLOpreneur™. Similarly, VOLOpreneurs™ shall not require or encourage other current or prospective Customers or VOLOpreneurs™ to make any purchase from, or payment to, any individual or other entity to participate in the Volo™ Success Plan other than those purchases or payments identified as recommended or required in Official Company Materials.
4.2 - Use of Sales Aids
To promote both the products & services and the opportunity Volo™ offers, VOLOpreneurs™ must use the sales aids and support materials produced by Volo™. If VOLOpreneurs™ develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding any good intentions, they may unintentionally violate any number of statutes or regulations affecting a Volo™ business. These violations, although they may be relatively few in number, could jeopardize the Volo™ opportunity for all VOLOpreneurs™. Accordingly, VOLOpreneurs™ must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company Compliance Department for approval prior to use. Unless the VOLOpreneur™ receives specific written approval to use the material, the request shall be deemed denied. All VOLOpreneurs™ shall safeguard and promote the good reputation of Volo™ and its products/services. The marketing and promotion of Volo™, the Volo™ opportunity, the Volo™ Success Plan, and Volo™ products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 -Intellectual Property
Volo™ will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including VOLOpreneurs™, without prior written authorization from the Company Compliance Department. Furthermore, no VOLOpreneur™ may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another VOLOpreneur™ without prior written consent from the named VOLOpreneur™. This consent must be on file with the Company Compliance Department prior to any use at email@example.com.
4.4 –Web Policy
If an VOLOpreneur™ desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead Customers and/or potential VOLOpreneurs™ in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are an authorized representative for Volo™, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official Volo™ Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. Volo™ will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.
B. Domain Names, email Addresses and Online Aliases
You cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Volo by showing up as the sender of an email.
Examples of the improper use include but are not limited to:
Volo@msn.com; www.VoloDirect.com; www.facebook.com/Volo or derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows: facebook.com/iloveVolo; jimsmith@IndependentVoloVOLOpreneur.net.
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of Volo™. If you have a question whether your chosen name is acceptable, you may submit it to the Company Compliance Department for review.
C. Approved Websites for VOLOpreneurs™
The term VOLOpreneur™ Website refers to the replicated website offered by Volo™ or an approved vendor. The term Social Media Website refers to any site that is not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, Twitter.com, YouTube.com, personal blogs or other personal websites.
D. Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or promote specific Volo™ products/services. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring, and informing the public about the Volo™ opportunity provided you follow the other requirements provided herein such as identifying yourself as an VOLOpreneur™ of Volo™, only using approved images and versions of any trademarked logos and without using fraudulent or misleading product or income claims. If a link or URL is provided, it must link to your VOLOpreneur™ Website or your Social Media Website.
E. Online Retailing
Approved VOLOpreneur™ Websites are intended to provide VOLOpreneurs™ with the tools and means for generating leads, prospecting business, communicating with others, selling products and services, and otherwise advancing your Volo™ business. You may not sell Volo™ products/services on any other online retail store or ecommerce site, nor may you enlist or knowingly allow a third party (customer) to sell Volo™ products/services on any online retail store or ecommerce site.
Social Media Websites such as Facebook may also be used to promote your Volo™ business. You must provide approved Volo™ links to your VOLOpreneur™ Website for sales and order processing. All online sales of Volo™ products/services must take place and be produced through the VOLOpreneur™ Website (or corporate site).
F. Banner Advertising
You may place banner advertisements on a website provided you use Volo™-approved templates and images. All banner advertisements must link to your VOLOpreneur™ Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with Volo™ products/services or the Volo™ opportunity.
G. 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.
H. Social Networking Sites
You may use social networking websites (Facebook, LinkedIn, blogs, forums and other social shared interest sites) to share information about the Volo™ product, mission and opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific Volo™ services.
Profiles you generate in any social community where you mention or discuss Volo™ must clearly identify you as an VOLOpreneur™ and must appear as described herein. When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at Volo’s™ sole discretion, and offending VOLOpreneurs™ will be subject to disciplinary action and/or termination.
You agree that you will immediately take down a non-compliant site at the request of Volo™. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
I. Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to your VOLOpreneur™ Website. The display URL must also be to your VOLOpreneur™ Website and must not portray any URL that could lead the user to assume they are being led to a Volo™ Corporate site, or be inappropriate or misleading in any way.
J. External Websites
You are allowed external websites to promote your Volo™ business and the Volo™ opportunity. If you wish to use an external website you must do the following:
You are solely responsible and liable for your own website content, messaging, claims, and information and must ensure your website appropriately represents and enhances the Volo™ brand and adheres to all Volo™ guidelines and policies. Additionally, your website must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at Volo’s™ sole discretion. You are encouraged to use the approved Volo™ images that are available through the business suite.
K. Volo™ VOLOpreneur™ Image Mandate
When using a Social Media or external website it must contain:
Although Volo™ brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an VOLOpreneur™ site, and not a Volo™ Corporate page.
4.6 - Advertised Price
You may not advertise any of Volo’s™ products/services at a price LESS than the highest company published price. No special enticement advertising is allowed. This includes but is not limited to offers of free Volo™ businesses or other such offers that grant advantages beyond those available through the Company.
4.7 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
Any requests for variances from the above rules must be submitted to Volo™ and approved in writing prior to publication. Please direct any inquiries to the Company Compliance Department.
4.8 -Media and Media Inquiries
VOLOpreneurs™ must not initiate any interaction with the media or attempt to respond to media inquiries regarding Volo™, its services, or their independent Volo™ business. All inquiries by any type of media must be immediately referred to the Company Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.9 - Unsolicited Email and Fax Communication
Volo™ does not permit VOLOpreneurs™ to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an VOLOpreneur™ that promotes Volo™, the Volo™ opportunity, or Volo™ products/services, must comply with the following:
SECTION 5 – OPERATING A Volo™ BUSINESS
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a VOLOpreneur™ by submitting an VOLOpreneur™ Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to Volo™. A Volo™ business 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 VOLOpreneur(s)™ must provide the Entity Documents to Volo™. The VOLOpreneur™ Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Volo™.
5.1.1 - Changes to a Business Entity
Each VOLOpreneur™ must immediately notify Volo™ of any changes to the type of business entity they utilize in operating their Volo™ business, and the addition or removal of business associates. A Volo™ business 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. The VOLOpreneur™ Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Volo™.
5.1.2 - Change Of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all VOLOpreneurs™, Volo™ rarely allows changes in sponsorship, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Sponsor Change Request Form within a seven (7) day period from the date of enrollment, and must come from the current listed sponsor.
5.1.3 - Change Of Placement
A request for change of placement must be submitted within seven (7) days of the date of enrollment and must be requested by the current listed sponsor. An VOLOpreneur™ can only be moved inside of the same sponsor’s organization. If approved, an VOLOpreneur™ is placed in the first available open bottom position on the date that the change is made. VOLOpreneurs™ who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of Volo™.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
An VOLOpreneur is fully responsible for all of his or her verbal and/or written statements made regarding Volo™ products/services and the Success Plan, which are not expressly contained in Official Company Materials. An VOLOpreneur™ agrees to indemnify Volo™ and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Volo™ as a result of the VOLOpreneur’s™ unauthorized representations or actions. This provision shall survive the cancellation of the Agreement.
5.2.2 –Endorsements of Volo™ Products & Services
No claims as to any services offered by Volo™ may be made except those contained in Official Volo™ Materials.
5.3 - Conflicts
5.3.1 – Non- solicitations
VOLOpreneurs™ are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the term of this Agreement, VOLOpreneurs™ may not directly or indirectly recruit other Volo™ Customers or VOLOpreneurs™ other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of the VOLOpreneur™ Agreement, and for a period of one (1) calendar year thereafter, with the exception of an VOLOpreneur™ who is personally sponsored by the former VOLOpreneur™, the former VOLOpreneur™ may not recruit any Volo™ Customer/VOLOpreneur™ for another Network Marketing business.
5.3.2 - Sale of Competing Goods or Services
During this agreement and for six (6) months thereafter, VOLOpreneurs™ must not sell, or attempt to sell, any competing non-Volo™ programs or services to Volo™ Customers/VOLOpreneurs™. Any program, product, service, or direct selling opportunity in the same generic categories as Volo™ are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
5.3.3 - Targeting Other Direct Sellers
Should VOLOpreneurs™ engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Volo™ products/services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an VOLOpreneur™ alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, Volo™ will not pay any of an VOLOpreneur’s™ defense costs or legal fees, nor will Volo™ indemnify the VOLOpreneur™ for any judgment, award, or settlement.
5.3.4 - Privacy and Confidentiality
5.3.5- The Data Management Rule
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all VOLOpreneurs™, as well as Volo™. LOS information is information compiled by Volo™ that discloses or relates to all or part of the specific arrangement of sponsorship within the Volo™ business, including, without limitation, VOLOpreneur™ lists, sponsorship trees, and all VOLOpreneur™ information generated therefrom, in its present and future forms. The Volo™ LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. Volo™ is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Volo™ and its VOLOpreneurs™. Through this Rule, VOLOpreneurs™ are granted a personal, non-exclusive, non-transferable and revocable right by Volo™ to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the VOLOpreneur™ stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Volo™, such is necessary to protect the confidentiality or value of Proprietary Information. All VOLOpreneurs™ shall maintain Proprietary Information in strictest confidence and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof.
5.4 -Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current Customer number or Agreement on file with Volo™, or who has had such an agreement within the preceding twelve (12) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a Volo™ business in accordance with the “Sale, Transfer or Assignment of Volo™ Business” section of these Policies and Procedures.
5.5 -Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, VOLOpreneurs™ shall not represent or imply that Volo™ or its Success Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
All VOLOpreneurs™ are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to Volo™ either on the VOLOpreneur™ Agreement or at the company’s request. Upon enrollment, the Company will provide a unique VOLOpreneur™ Identification Number to the VOLOpreneur™ by which they will be identified. This number will be used to place orders and track commissions and bonuses.
5.7 - Income Taxes
Every year, Volo™ will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each VOLOpreneur™ is responsible for paying local, state and federal taxes on any income generated as an VOLOpreneur™. If a Volo™ business is tax exempt, the Federal Tax Identification Number must be provided to Volo™. Any VOLOpreneur™ that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their commissions and bonus will be withheld and submitted to the IRS.
5.8 - Independent Contractor Status
You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an VOLOpreneur™. You have no authority to bind Volo™ to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent Volo™ business or the acquisition, receipt, holding, selling, distributing or advertising of Volo’s™ products/services or opportunity.
VOLOpreneurs may not answer the telephone by saying “Volo™,” “Volo™ Incorporated,” or by any other manner that would lead the caller to believe that they have reached Volo’s™ corporate offices. An VOLOpreneur™ may only represent that he/she is an VOLOpreneur™. Therefore, all correspondence and business cards relating to or in connection with an VOLOpreneur’s™ Volo™ business shall contain the VOLOpreneur’s™ name followed by the term “VOLOpreneur™”.
Paying for Volo™ courses solely for the purpose of collecting bonuses or achieving rank is strictly prohibited. VOLOpreneurs™ do not have to purchase Volo™ products and/or courses in order to become eligible for commissions and bonuses.
5.10 – Stacking
Stacking is the unauthorized manipulation of the Volo™ compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline VOLOpreneur™ in an unearned manner. One example of stacking occurs when a Sponsor places participants under an inactive downline participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of VOLOpreneurs™ within a downline organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the VOLOpreneur’s™ business and the businesses of all individuals found to be directly involved.
5.11 - One Volo™ Business Per VOLOpreneur™
An VOLOpreneur™ may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Volo™ business. No individual may have, operate or receive compensation from more than one Volo™ business. Individuals of the same family unit may each enter into or have an interest in their own separate Volo™ businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.
A limited exception does apply to this particular provision in that Volo™ may provide certain higher-ranking VOLOpreneurs™ the opportunity to have more than one business. However, this falls within the Company’s absolute and strict discretion and entirely relies upon one’s ability to support additional downlines.
5.12 - Succession
Upon the death or incapacitation of an VOLOpreneur™, their business may be passed to a designated heir(s). Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever a Volo™ business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased VOLOpreneur’s™ marketing organization provided the following qualifications are met. The successor(s) must:
5.13 - Sale, Transfer, or Assignment of aVolo™ Business
Although a Volo™ business is a privately owned, independently operated business, the sale, transfer or assignment of a Volo™ business is subject to certain limitations. If an VOLOpreneur™ wishes to sell their Volo™ business, the following criteria must be met:
Prior to selling a Volo™ business, the selling VOLOpreneur™ must notify the Company Compliance Department of their intent to sell the Volo™ business. No changes in line of sponsorship can result from the sale or transfer of a Volo™ business. An VOLOpreneur™ may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.
5.14 - Separation of a Volo™ Business
VOLOpreneurs™ sometimes operate their Volo™ businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, or trust (the latter three entities are collectively referred to herein as “entities”) 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. If the separating parties fail to provide for the best interests of other VOLOpreneurs™ and the Company in a timely fashion, Volo™ will involuntarily terminate the VOLOpreneur™ Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
All Active VOLOpreneurs™ (as defined in the Definitions herein) in good standing have the right to sponsor and enroll others into Volo™. Each prospective Customer or VOLOpreneur™ has the ultimate right to choose his or her own Sponsor. If two VOLOpreneurs™ claim to be the Sponsor of the same new VOLOpreneur™ or Customer, the Company shall regard the first application received by the Company as controlling.
SECTION 6 – RESPONSIBILITIES OF AN VOLOPRENEUR™
6.1 - Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials and commission checks, it is critically important that the Volo’s™ files are current. VOLOpreneurs™ planning to move or change their email address must submit an amended Agreement complete with the new information.
6.2 – Responsibilities of a Sponsoring VOLOpreneur™
6.2.1 – Initial Training
Any VOLOpreneur™ who sponsors another VOLOpreneur™ into Volo™ must perform a bona fide assistance and training function to ensure that their downline is properly operating their Volo™ business. VOLOpreneurs™ must provide the most current version of the Policies and Procedures, the Income Disclaimer, and Success Plan to individuals whom they are sponsoring to become VOLOpreneurs™ before the applicant signs an VOLOpreneur™ Agreement.
6.2.2 – Ongoing Training Responsibilities
VOLOpreneurs™ must monitor the VOLOpreneurs™ in their downline organizations to ensure that downline VOLOpreneurs™ do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every VOLOpreneur™ should be able to provide documented evidence to Volo™ of their ongoing fulfilment of the responsibilities of a Sponsor.
6.3 – Non-disparagement
VOLOpreneurs™ must not disparage, demean, or make negative remarks about Volo™, other VOLOpreneurs™, Volo’s™ products/services, the Success plan, or Volo’s™ owners, board members, directors, officers, or employees.
6.4 - Reporting Policy Violations
VOLOpreneurs™ who observe policy violation(s) by another VOLOpreneur™ should submit a written report of the violation directly to the attention of the Company Compliance Department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 – AUTOMATIC BILLING
7.1 – Monthly VOLOpreneur™ Billing
The monthly administrative fee for an VOLOpreneur’s™ back-office support is automatically renewed each month with a credit or debit card maintained on file. The VOLOpreneur™ may make adjustments to their monthly subscription in the back office of the Volo™ website.
SECTION 8 –COMMISSIONS AND REFUND POLICY
8.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, an VOLOpreneur™ must be Active, in good standing, and comply with the terms of the Agreement and these Policies and Procedures. An VOLOpreneur™ is not required to personally purchase Volo™ products, services, or courses but may do so if desired.
8.2 - Errors or Questions
If an VOLOpreneur™ has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the VOLOpreneur™ must notify Volo™ in writing within thirty (30) days of the date of the purported error or incident in question. Volo™ will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
8.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (i) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or entities; (ii) the fraudulent enrollment of an individual or entity as a Customer or VOLOpreneur™; (iii) the enrollment or attempted enrollment of non-existent individuals or entities as Customers or VOLOpreneurs™ (“phantoms”); (iv) purchasing Volo™ products/services on behalf of another Customer or VOLOpreneur™, or under another Customer’s or VOLOpreneur’s™ ID number, to qualify for commissions or bonuses; and/or (v) any other 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.
8.4 - Reports
All information provided by Volo™, including but not limited to personal 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 and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments, an VOLOpreneur™ whose Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Volo™ participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address (10880 Wilshire Blvd., Suite 1117, Los VOLOpreneures™, California 90024) or via email to Volo™ (firstname.lastname@example.org) .
8.5 – Refund Policy
Volo™ offers a thirty (30) day refund period on the sale of all physical products. The refund for such physical products shall be 90% of the purchase price on account of a 10% restocking fee. As for the purchase of Volo’s™ digital services, the Company provides Customers and VOLOpreneurs™ alike fourteen (14) days by which he or she can request a refund on the purchase price. The digital nature of the service and the immediacy of the benefits make any possibility of a longer refund period commercially impractical.
When a refund is requested by an VOLOpreneur™, the bonuses and commissions attributable to the refunded service will be deducted from the VOLOpreneur™ who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the commission is recovered.
As for the initial payment by an VOLOpreneur™ for the initial enrollment fee(s), Volo™ shall provide a seven (7) day refund period in which an VOLOpreneur’s™ request must occur. To request a refund on his or her enrollment fees, the VOLOpreneur™ must submit written notice to Volo™ at the address provided in Section 8.4.
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 VOLOpreneur™ 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 VOLOpreneur’s™ Volo™ business), may result, at Volo’s™ discretion, in one or more of the following corrective measures:
9.2 - Mediation
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. 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 ten (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 Los VOLOpreneures™, California, and shall last no more than two (2) business days.
9.3 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. VOLOpreneurs™ waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Los VOLOpreneures™, California. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Nothing in these Policies and Procedures shall prevent Volo™ 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 Volo’s™ interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
9.4 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in California. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of California shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana shall be entitled to bring an action against Volo™ in their home forum and pursuant to Louisiana law.
SECTION 10 – EFFECT OF CANCELLATION
10.1- Effect of Cancellation and Termination
So long as an VOLOpreneur™ remains active and complies with the terms of the Agreement and these Policies, Volo™ shall pay commissions to such VOLOpreneur™ in accordance with the Success Plan. An VOLOpreneur’s™ bonuses and commissions constitute the entire consideration for the VOLOpreneur’s™ efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following an VOLOpreneur’s™ non-continuation of his or her Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Agreement (all of these methods are collectively referred to as “Cancellation”), the former VOLOpreneur™ shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. VOLOpreneurs™ waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following an VOLOpreneur’s™ cancellation of his or her Agreement, the former VOLOpreneur™ shall not hold him or herself out as an VOLOpreneur™ and shall not have the right to sell Volo™ products or services. An VOLOpreneur™ whose Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Volo™ participant has a right to cancel at any time, regardless of reason. Cancellation submit notice pursuant to Section 8.4. The written notice must include the VOLOpreneur’s™ signature, printed name, address, and VOLOpreneur™ ID Number.
SECTION 11 – DEFINITIONS
ACTIVE: An VOLOpreneur™ who maintains the monthly personal volume (“PV”) requirements in the necessary amount and timeframe as prescribed by the Volo™ Success Plan.
AGREEMENT: The contract between the Company and each VOLOpreneur™, which includes the following: the VOLOpreneur™ Agreement, the Volo™ Policies and Procedures, and the Volo™ Success Plan, all in their current form and as amended by Volo™ in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an VOLOpreneur’s™ business. Cancellation may be either voluntary, involuntary, or through non-renewal.
VOLO™ SUCCESS PLAN: The guidelines and referenced literature for describing how VOLOpreneurs™ can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Volo™ products/services and does not engage in building a business.
VOLOPRENEUR™: An individual who purchases product, generates sales and business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by Volo™ that provides critical data relating to the identities of VOLOpreneurs™, sales information, and enrollment activity of each VOLOpreneur’s™ organization. This report contains confidential and trade secret information which is proprietary to Volo™.
ORGANIZATION: The Customers and VOLOpreneurs™ placed below a particular VOLOpreneur™.
OFFICIAL COMPANY MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Volo™ to its sales organization.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Volo’s™ Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Volo™ Customer/VOLOpreneur™ to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: An VOLOpreneur™ who enrolls a Customer or another VOLOpreneur™ into the Company, and is listed as the Sponsor on the Agreement. The act of enrolling and training others to become VOLOpreneurs™ is called “sponsoring.”
UPLINE: This term refers to the VOLOpreneur™ or VOLOpreneurs™ above a particular VOLOpreneur™ in a sponsorship line up to the Company. It is the line of sponsors that links any particular VOLOpreneur™ to the Company.