Terms and Conditions
Policies, Procedures, Terms, Conditions and Rules
(Updated 12/08/2021– update shall supersede all prior versions)
Table of Contents
- Code of Ethics
- Becoming an DBO
- Responsibilities and Obligations
- Presentation of the Plan, Subscription and Support
- Preservation of the Line of ENROLLMENT/ Genealogy (LOS)
- Business Support Materials
- Marks and Copyrighted Works
- Complying with the DBO Contract (Remedies for Breach)
- Modification of the DBO Contract
- Dispute Resolution Procedures
- Limitations of Responsibility
- Payment, Cancellation and Refund Policies
- International Residents
- Miscellaneous Provisions
1.1. These Policies, Procedures, Terms, Conditions and Rules (“Policies”) form an important part of the overall Agreement between CFORTH LLC (“CFORTH LLC”, or “the Company”) and the VIP Customer, Digital Business Owner and Digital Business Owner Pro (the “DBO”). The word “Contract” and/or “DBO Contract” herein refers to the Terms and Conditions. They also outline important aspects regarding the nature of the products, subscriptions, and overall culture of the Company. They have been carefully developed and have been implemented following notice to DBOs and review of their comments.
1.2. DBOs own and operate their own independent businesses (“DBOs”). The Company recognizes the value of the contributions that DBOs who have achieved business goals can make to the development of other DBOs who they enroll and support under these Policies & Procedures. As DBOs develop into established leaders, they play an increasingly important role in mentoring, teaching and training other DBOs about the CFORTH business. Among other things, the Policies are designed to ensure that all DBOs have the support that they need to continue to develop their DBOs with CFORTH.
1.3. Under the DBO Contract (as defined below), DBOs receive substantial benefits, including: the right to enroll others to become DBOs and sell products offered at www.cforth.com; the right to qualify for commissions under CFORTH DBO Compensation Plan (known as “Plan”); use of CFORTH’s intellectual property in accordance with the Policies & Procedures; and a variety of support for DBOs and their Customer-Subscribers. As part of its commitment to support the opportunity made available to DBOs, CFORTH invests substantial resources in goodwill, in the Line of Enrollment (“LOS”) and in LOS Information to provide CFORTH and DBOs with a competitive advantage. All DBOs and CFORTH share a competitive business interest in maintaining and protecting these assets and interests. The Policies provide important safeguards for DBOs and CFORTH in this regard, as well as contractual rights and obligations.
1.4 CFORTH Contact: when the Policies require a DBO to contact CFORTH for notice, permission or approval, the DBO shall contact CFORTH Business Conduct and Policies Department by email at firstname.lastname@example.org.
1.5. Contractual Relationship: via these Terms and Conditions, CFORTH has an Agreement with each DBO that includes all of the information in the Terms and Conditions document executed by the DBO. The current version of the Policies & Procedures can be found at www.cforth.com. As part of the DBO Contract, DBOs have an obligation to comply with the Policies.
1.6. Policies Incorporated into Agreement: These Policies, in their present form and as amended at the sole discretion of the Company, are incorporated into, and form an integral part of the Company’s Agreement with its DBOs. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Company’s Policies and Procedures, the Company’s Terms and Conditions, and the Company’s general Compensation Plan. These documents are incorporated by reference into the Company’s DBO Agreement (all in their current form and as amended by the Company from time to time at its sole discretion). It is the responsibility of each DBO to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of the Agreement.
1.7. Choice of Law: Except to the extent that the Federal Arbitration Act applies to all applicable policies, the formation, construction, interpretation, and enforceability of the DBO Contract, and all claims arising from or relating to the DBO Contract, shall be governed by Florida law, without giving effect to any choice of law or conflicts of law principles or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. The place where the DBO Contract is made is Florida.
1.8. Severability: If an arbitrator or court of competent jurisdiction determines any portion of these policies is unenforceable in any respect, then it shall enforce the rest of the policies to the fullest extent permitted by law without affecting the enforceability of all remaining policies.
1.9. Waiver: The Company never gives up its rights to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of the Company to exercise any right or power under the Agreement or to insist upon strict compliance by a DBO with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of the Company’s right to demand exact compliance with the Agreement. Waiver by the Company can be effectuated only in writing by an authorized officer of the respective Company. The Company’s waiver of any particular breach by a DBO shall not affect or impair the Company’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other DBO. No delay or omission by the Company to exercise any right arising from a breach shall affect or impair the Company’s rights as to that or any subsequent breach. The existence of any claim or cause of action of a DBO against the Company shall not constitute a defense to the Company’s enforcement of any term or provision of the Agreement.
2.1 “CFORTH DBO Compensation Plan” means the business arrangement through which DBOs receive certain income or other compensation as described herein and within related official materials which are incorporated herein by reference.
2.2. “Copyrighted Works” means works protectable by copyrights that are owned by, created by or licensed to CFORTH.
2.3. “Subscriber/customer” means anyone who is an end user of products or services offered through or by CFORTH. This may also include someone who is a DBO who has purchased a Subscription and is acting in Subscriber capacity.
2.4. “Digital Business Owner” (DBO) means a CFORTH independent business operated by an DBO(s) pursuant to the DBO Contract.
2.5. “Digital Business Owner” (DBO) means an individual(s), or entity, operating an DBO pursuant to the DBO Contract.
2.6. “Line of Enrollment/Genealogy” (LOS) means the structural arrangement of DBOs established by the contractual relationship that each DBO has with CFORTH.
2.7. LOS Information includes all information that discloses or relates to all or part of the Line of Enrollment, including but not limited to DBO numbers and other DBO business identification data, DBO personal contact information, DBO business performance information, and all information generated or derived therefrom, in its past, present or future forms.
2.8. “Marks” mean the trademarks, service marks, trade dress and trade names adopted or used by CFORTH and/or otherwise the subject of pending or existing trademark rights owned by or licensed to CFORTH, regardless of whether the trademarks, service marks, trade dress or trade names are the subject of trademark applications or registrations.
2.9. “Prospect” means a prospective DBO.
2.10. “Use” means: (a) with reference to Marks, directly or indirectly placing, affixing or displaying one or more Marks on or in connection with goods or services, in a manner that tends to create the impression of an affiliation, connection, or association between CFORTH and the DBO or Approved Provider; and (b) with reference to Copyrighted Works, to reproduce, distribute and/or display copies of the Copyrighted Works, in whole or in part, including by means of digital audio transmissions, and to create any derivative works.
2.11. “Dispute Resolution Board” (DRB) means a selected board consisting of compliance officers, board Subscribers, and representatives of the corporation whose purpose will be to investigate and examine disputes pursuant to these policies.
2.12. “Product” means all Subscriptions sold on CFORTH’s portal granting reservation service licensing agreements, all benefits offered through the portal at all Subscription levels, all tangible goods offered by and through CFORTH currently and on an ongoing basis.
2.13. “Business Maintenance Fee” (BMF); DBO’s shall be charged a monthly fee of $10 which constitutes a Business Maintenance Fee (BMF). BMF will provide DBO with access to wholesale sites, opportunity sites, unique back office, commission and sales tracker, marketing support materials, training and additional resource materials. If a DBO fails to pay the BMF in any given month, then their DBO account will revert to VIP customer status. The Commissions will only be available to DBO’s with qualifying CC (as defined below) and who are current with all outstanding dues. DBO will have an option in their back office to apply previous months commissions earned toward payment of outstanding fees currently due. Payment of commissions is contingent upon payment of all fees. If by then DBO has not become current, CFORTH reserves its right to assert forfeiture of commissions earned. Once full payment has been made, any accumulated commissions due will be released during the following applicable pay period. DBO’s must opt-in to this structure and otherwise comply with all requirements and CFORTH reserves the right to terminate or place into “dormant” status any account for non-compliance.
2.15. “Approved Provider:” means any supplier authorized by CFORTH to provide BSM (“Business Support Materials”) to DBOs or use BSM with Prospects.
2.16. “Managers/Trainer”: means the direct up-line Subscriber who is responsible for initial and ongoing training, quality control and compliance of the newly created downline Subscriber pursuant to the creation of a shared team.
2.17. “Customer Commissions” (CC) – Each sale of any subscription/retail product offered by CFORTH will carry a specific Customer Commission value which shall be clearly identified. CC represents a commission value to the digital business owner and is based upon the subscription/retail price of the product offered. Each DBO must have (1) active customer or be the customer themselves to receive commissions.
2.18. “CC Commission Requirement” – Refer to the Compensation Plan on the website. Failure to meet the CC requirement in a given month will result in forfeiture of any entitlement to commissions earned in that month.
3 Code of Ethics
CFORTH is a values-based Company that prides itself on the quality and character of DBOs. The following guidelines help ensure a uniform standard of excellence throughout our organization. All CFORTH DBOs are expected to practice the following ethical behavior when acting in the name of the Company:
3.1. I will be courteous, respectful, honest and fair in all my dealings while acting as a DBO and I will perform my business activities in a manner that will enhance my reputation and the positive reputation of the Company.
3.2. I will not make discouraging or disparaging claims toward other CFORTH DBOs. I will ensure that in all CFORTH dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
3.3. I will not engage in any deceptive or illegal practice.
3.4. I will not make any claim for products, services or business positions of the Company, except as contained in official literature of the Company.
3.5. I will accurately, truthfully, and in a non-deceptive / misleading way, represent all the compensation plans available through CFORTH and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success or use compensation disbursements as marketing materials. I understand that it is impossible to predict DBO incomes. The success of a DBO depends on many variables, such as amount of time and effort committed to his/her business and his/her organizational abilities.
3.6. I understand and agree that I am solely responsible for all financial and/or legal obligations incurred by me in the course of my business as a DBO including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all legal purposes and for all federal and state employment and tax purposes.
3.7. I will not engage in any improper cross-recruiting or any other inappropriate, non-CFORTH related communications as detailed herein this document throughout.
4 Becoming a DBO
4.1. Registration Application and Agreement: To become an authorized DBO capable of merchandising products and services offered through or by CFORTH and registering other DBOs, an applicant must be 18 years of age, and agree to these Terms and Conditions.
4.2. By registering on www.cforth.com and becoming a VIP customer, a DBO or DBO PRO, the customer hereby agrees to these Terms and Conditions.
4.3. Acceptance or Rejection of these Terms and Conditions: CFORTH reserves the right to accept or reject any DBO Registration. A registration shall be considered accepted by CFORTH when it receives a completed DBO Registration in accordance with these Terms and Conditions, its contents are verified with CFORTH’s DBO records database, and the registration does not violate any Policies. After registration and accepting these Terms and Conditions, CFORTH may temporarily authorize a DBO to conduct business subject to The Policies of Conduct for up to 90 days.
4.4. Legal Entities as DBOs: DBOs shall be formed initially by and in the name(s) of the individual applicant(s). After receiving a DBO number, a DBO who wishes to operate his/her DBO as a corporation, limited liability company (LLC), formal partnership, limited partnership, limited liability partnership (LLP) or trust must provide sufficient evidence of a valid, active corporate status (Articles of Incorporation, Certificate of Good Standing or any similar documentation from the state or territory of incorporation) within 15 days of enrollment. It shall be the responsibility of the DBO to provide said documentation in a timely fashion and failure to provide this shall entitle to CFORTH to terminate the DBO in its own sole discretion.
4.5. Term: The DBO Contract shall be an ongoing monthly agreement. Failure to provide payment of monthly DBO or DBO Pro subscription fee for a period of 5 days (with the exception of initial registrations) shall result in account being placed in VIP customer status.
4.6. DBO must comply with all requirements and CFORTH reserves the right to terminate or place into “dormant” status any account for non-compliance.
4.7. Multiple applications and accounts. VIP customers may only have one account per person. DBOs may have up to two accounts, one under themselves and another under a Business Entity. Any more than 2 accounts held by the same person will result in termination of the latter account at the discretion of CFORTH.
4.8. DBO Contract Termination: Termination of DBO Contract: Requests for cancellations and/or refunds must be sent to email@example.com, whereupon a communication shall be sent to your back office which you must acknowledge by submitting a reply. This must be done for us to properly verify your identity and the authenticity of the request. A DBO may terminate its written contract at any given time. To receive a full or partial refund any guidelines provided must be met.
4.9. Death and Inheritance: A DBO can be passed on to a deceased DBO’s spouse, heirs, or other beneficiary. Upon the death of a DBO, the DBO account shall pass by will or interstate succession, as provided by law. CFORTH will require the successor in interest to sign and be bound by the then current DBO Agreement. The successor shall then be entitled to all the rights and subject to all the obligations, just as any other CFORTH DBO.
4.10. In cases where the DBO is owned jointly, such as a husband and wife or partnership, and one spouse or partner dies, unless they have previously arranged otherwise, CFORTH will recognize the surviving spouse or partner(s) as the owner(s) of the DBO. The survivor(s) must forward a certified copy of the death certificate in order for CFORTH to change its records.
4.11. In cases where the DBO is operated as an entity under these Policies, and one of the owners of the entity dies, the entity will continue to operate the DBO, provided the entity remains in compliance with these policies and the successor of the deceased owner is an DBO in full compliance with the Policies. The entity shall notify CFORTH of the change in ownership or control of the entity by submitting the currently applicable Entity Agreement reflecting the proposed changes, and any proposed changes in the ownership or control of the entity require the express approval of CFORTH in writing.
4.12. In cases where a DBO disposes of a DBO in a Will, CFORTH will recognize the terms of the transfer, provided the beneficiary is a DBO who is in compliance with the Policies.
4.13. If there is no qualified DBO in a position to operate a DBO due to probate or other court procedures, CFORTH will have the option of entering into a servicing agreement with another DBO, preferably up-line in the LOS, to manage the DBO until the proceedings are complete.
4.14. DBO Benefits: Once the above requirements have been met, the benefits of the Compensation Plan and the Agreement are available to the new DBO. These benefits include the right to:
a) Market the Company’s products and services;
b) Participate in the Company’s Compensation Plan (receive commissions, if eligible);
c) Register other individuals as DBOs, thereby building a Marketing Organization;
d) Receive periodic literature and other communications from the Company;
e) Participate in the Company-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
f) Participate in promotional and incentive contests and programs sponsored by the Company for its DBOs.
4.15 Business Entities: A corporation, limited liability Company (LLC), partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Company DBO by submitting its Certificate of Incorporation, Certificate of Organization, Partnership Agreement, trust documents, FEIN, or other organizational documents requested by the Company (these documents are collectively referred to as the “Entity Documents”) to the Company, along with a properly completed Business Entity Registration Form. When a DBO registers, the Entity Documents, Business Entity Registration Form and a signed W-9 must be submitted to the Company within thirty (30) days of the online registration. If not received within the thirty (30) day period, the DBO Agreement shall automatically terminate. The Business Entity Registration Form must be signed by a person authorized to appear on behalf of the Business Entity or otherwise charged with its legal presentation (each a “Subscriber”). All commission disbursements will be deposited to the account for the original DBO. Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship. It shall be the responsibility of the DBO to provide all required documentation and failure to provide this shall entitle CFORTH to terminate the DBO in its own discretion. The Company may, at its discretion, require notarized documents before implementing any changes to an DBO business. Please allow thirty (30) days after the receipt of the request by the Company for processing.
4.16 Fictitious and assumed names are prohibited. A person or entity may not apply as a DBO using a fictitious or assumed name.
4.17. Voluntary Cancellation: A participant in this marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be made by emailing firstname.lastname@example.org to make the request.
4.18. E-Mail Communications: The Company may periodically send commercial emails to DBOs, DBO PROS AND CUSTOMERS (e.g., weekly email newsletters or emails with information that applies to the conducting of business), if you have opted in to receive such messages. If you agree to receive such emails, you may opt out or un-subscribe at any time by using the un-subscribe link or contact information included in every email. The Company does not permit DBOs to send unsolicited commercial e-mails unless such e-mails strictly comply with applicable laws and regulations including, without limitation, the Federal CAN SPAM Act. Any e-mail sent by an DBO that promotes the Company, the Company’s opportunity, or the Company’s products and services must comply with the following:
a) There must be a functioning return e-mail address to the sender.
b) There must be a notice in the e-mail advising the recipient that he or she may reply to the e-mail, via the functioning return e-mail address, to request that future e-mail solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
c) The e-mail must include the DBO’s physical mailing address, (i.e., not a P.O. Box) and may not represent that the e-mail is originating from the Company or that the e-mail is signed by any employee or officer of the Company.
d) The e-mail must clearly and conspicuously disclose that the message is a commercial advertisement or solicitation.
e) The use of deceptive subject lines and/or false header information is prohibited.
f) All opt-out requests, whether received by e-mail or regular mail, must be honored.
g) DBOs shall not make offers or solicitations in the guise of research, surveys or informal communication, when the real intent is to sell products or services or register other DBOs or sell licenses.
h) DBOs shall provide individual Consumers/Subscribers/Customer/Subscribers (“Consumer”) the option to terminate any further communication between the DBO and the Consumer and if any Consumer requests an DBO cease communication, the DBO shall immediately stop communicating upon such request.
i) DBOs must abide by all laws and regulations regarding electronic communications.
j) DBOs may not distribute content by use of distribution lists or to any person who has not given specific permission to be included in such a process; spamming or distribution of chain letters or junk mail is not permitted.
k) DBOs may not distribute content that:
(i) is unlawful, harassing, libellous, slanderous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable,
(ii) could give rise to civil liability,
(iii) violates any applicable local, state, federal, national or international law or regulation or
(iv) describe the Company, or and of its products and services, in an inaccurate manner.
l) DBOs may not, directly or indirectly, buy e-mail lists or send unsolicited e-mails to persons with whom he or she or their Associates have no prior or existing personal or business relationship with (described more fully herein below). By entering into the DBO Agreement, the DBO agrees that the Company may send such e-mails and the DBO’s physical and e-mail addresses will be included in such e-mails as outlined above. DBOs shall honor opt-out requests generated as a result of such e-mails sent by the Company.
5 Responsibilities and Obligations
5.1. Duty of Good Faith: Under the terms of the DBO Contract, CFORTH and all DBOs agree to perform their obligations in accordance with the duty of good faith and fair dealing. A VIP Customer / DBO will be held accountable for the actions of a partner, family Subscriber or third party acting or purporting to act on behalf of the DBO or DBO Pro, so far as the Policies are concerned. A DBO shall not aid and abet another DBO to violate the Policies. DBOs shall not conduct any activity that could jeopardize the reputation of CFORTH or other DBOs.
5.2. Advertising – General: All DBOs shall safeguard and promote the good reputation of the Company and its products and services. The marketing and promotion of the Company, the Company’s opportunity, the Compensation Plan, and the Company’s products and services, must be done by using official literature and sales aids produced by the Company which can be found in the Back Office. The rationale behind this requirement is simple: The Company has carefully designed its services, products, product labels, Compensation Plan, and promotional materials to ensure each aspect of the Company is fair, truthful, substantiated, and complies with the vast and complex legal requirements of federal and state laws. If the Company’s DBOs were allowed to develop their own sales aids and promotional materials, notwithstanding their integrity and good intentions, there is likelihood they would unintentionally violate any number of statutes or regulations affecting the Company’s business. Accordingly, DBOs must not produce their own literature, advertisements, sales aids, promotional materials, or Internet web pages. ([BC4] without express consent of CFORTH and failure of DBO to obtain consent shall be grounds for termination of DBO status). CFORTH takes no responsibility and expressly disclaims any liability for its [BC5] content, the DBO shall be solely liable and responsible for all such communications.
Company will limit purchases of any sales tools or aids to comply with the exemption requirements set forth in any state law or national law regulating business opportunities. The Company does not permit DBOs to create side-businesses selling sales aids, business cards, Internet website or similar materials to other CFORTH Subscriptions or DBOs of the Company. Additionally, the Company does not take responsibility for any products or services purchased from, or provided by, a third-party vendor. Should you have materials you would like the Company to review please submit a sample via email to email@example.com. Furthermore, the initiation, participation in or recommendation of any prize offering, guarantee, drawing, raffle, advertising pool or co-op in furtherance of DBO’s own or another person’s DBO business, except as otherwise set forth herein is strictly prohibited. Additionally, you are prohibited from making direct, indirect or implied medical or other claims regarding the prevention, treatment, cure or mitigation of any disease from the use of Company products. You may not:
1) Make any Representation (oral, written or otherwise) about Company products which violate the provisions of this section of these Policies.
2) Discuss or make warranties, Representations or statements concerning Company products in a manner that violates the provisions of these Policies.
3) Use or distribute, for the purpose of marketing products or in promotion of the Compensation Plan, materials which violate the provisions of these Policies.
4) Re-label or in any manner alter the label of any Company product.
Additionally, when applicable you must not repackage or refill Company products and must sell Company products in their original, unopened containers.
5) Use third-party individuals, business entities and/ or organizations in any deceptive or misleading manner in connection with the promotion of CFORTH products.
5.3. Internet Web Sites and E-Mail Communications: No DBO may independently design or have designed a website using the names, logos, or product descriptions of the Company or otherwise promote (directly or indirectly) the Company’s products or the Company’s opportunity. A DBO may not use “blind” or “Help Wanted” ads (indicating a “job” or an “employment position”) on the Internet whether or not they make product or income claims which are ultimately associated with the Company’s products or services, the Company’s opportunity, or the Company’s Compensation Plan. The use of any other Internet website or web page (including without limitation auction sites such as eBay, MySpace, Facebook, Craigslist or others like these) to promote the sale of the Company’s products or services, the Company’s opportunity, or the Compensation Plan is a breach of the Agreement and may result in any of the disciplinary sanctions set forth in these policies.
5.4. Cross-Group Buying or Selling: No DBO shall engage in cross-group buying or selling. Cross-group buying and selling occurs when an DBO sells products or services offered through or by CFORTH to another DBO he or she did not personally enroll, except (a) as may be permitted under a servicing agreement pursuant to these policies or (b) when an DBO purchases from or through his or her up-line and services offered through or by CFORTH.
5.5. Unsolicited Electronic Messages: No DBO shall send, transmit, or otherwise communicate any unsolicited electronic messages relating to CFORTH, its business opportunity, products or services to persons with whom the DBO does not have a pre-existing personal or business relationship (this includes, but is not limited to, sending messages through newsgroups, purchased mailing lists, “safe lists,” or other lists of individuals or entities with whom or which the DBO does not have a pre-existing relationship).
5.6. Telemarketing Techniques: The General Data Protection Regulation (Regulation 2016/679) provides for strict rules in processing data for marketing purposes. Although the Company does not consider DBOs to be “telemarketers” in the traditional sense of the word, the Regulation does provide strict guideline on the use of personal data, including phone numbers for marketing purposes. Infringements of these Regulations are not to be taken lightly as they carry significant penalties of up to €20,000,000 or 4% of the total worldwide annual turnover. The Regulation does allow businesses to cold-call but it must ensure that it is done in a responsible way. For a telephone call(s) placed to a prospective subscriber/customer (a “prospect”), there must be a legitimate interest in doing so and the privacy rights for the individual must be protected. For the purposes of a DBO’s activities, calling a prospect is permissible in the following circumstances:
a) Consent: The individual has given clear and explicit consent for you to process their personal data for a specific purpose.
This means that the prospect must provide clear consent to receive marketing material and they must understand the type of marketing material they are signing up to and how they will be marketed to. Therefore, the prospect must provide clear consent to receive marketing material.
b) Legitimate interest: The processing is necessary for your legitimate interests unless there is good reason to protect the individual’s personal data, which take priority to those legitimate interests.
Recital 47 of the Regulation states “the processing of personal data for direct marketing purposes may be regarded as carried out for legitimate interest”. This means that DBOs are entitled to call prospects to carry out their usual business activities.
The second limb of the legitimate interest clause states that those activities must not override ‘the interests of fundamental rights and freedoms of the data subject’. The DBO is obliged to protect the privacy rights of the prospects while marketing.
Basic steps a DBO may take to ensure they balance their interests with the privacy rights of the prospects:
1.a) Identify a legitimate interest (purpose test): The DBO must confirm what benefit they are trying to achieve for their business in processing data. This benefit can include benefit for the DBO itself.
2.b) Show that the processing of the prospect’s data is necessary to achieve this legitimate interest (necessity test): Consider how processing the data will help achieve the aim and how this is the best approach.
3.c) Protecting the rights of the prospect (balance test): in the context of calling prospects, the DBO must consider the rights of the prospect not to have their privacy breached by unsolicited calls. A DBO must take into account the level if potential distress and what an individual might reasonably expect.
5.7. Blogs, Chat Rooms, Social Networks, Online Auctions, and Other Online Forums: You may use social networking websites (Facebook, Twitter, LinkedIn, blogs, forums and other social shared interest sites) to share information about CFORTH product, mission and business opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific CFORTH services.
Profiles you generate in any social community where you mention or discuss CFORTH must clearly identify you as a CFORTH DBO and must appear as described herein. The Company name may only be used when followed by Digital Business Owner (for example: James Johnson, CFORTH Digital Business Owner). When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, application or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at the Company’s sole discretion, and offending DBOs will be subject to disciplinary action and/or termination.
DBOs may link to their replicated website within a post. DBOs must not post copyright photos without expressed consent from the owner. You may post, “pin” or repost photographs or videos provided through CFORTH social media sites so long as the photo or video is not edited in any way. Descriptions of the photo or video must be in accordance with this Agreement. False, deceptive or misleading posts of any form are prohibited.
You agree that you will immediately take down a non-compliant site at the request of the Company. 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.
You are allowed external websites to promote your CFORTH business. If you wish to use an external website you must do the following:
a) Identify yourself as a Digital Business Owner for CFORTH.
b) Use only the approved images and wording authorized by CFORTH.
c) Adhere to the branding, trademark, and image usage policies described in this Agreement.
d) Agree to modify your website to comply with current or future CFORTH policies.
You are solely responsible and liable for your own website content messaging, claims, and information and must ensure your website appropriately represents and enhances CFORTH brand and adheres to all CFORTH 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 the sole discretion of the Company. You are encouraged to use approved CFORTH images.
5.7.1 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 provides that it is a misleading commercial practice to commission another legal or natural person to “submit consumer reviews or endorsements, or misrepresenting consumer reviews or social endorsement, in order to promote products”.
Failure to comply with this Directive can lead to maximum fines of 4% of the company’s annual turnover.
The international Consumer Protection Enforcement Network (ICPEN) of which the European Commission is a member provides the following guidelines to endorsements, which would be applicable to a DBO’s activities. A DBO must: (a) not prevent consumers from seeing the whole picture of genuine, relevant and lawful reviews; (b) write, commission or publish fake reviews; (c) disclose paid for content and prominently; (d) disclose other commercial relationships where they may be relevant.
5.8. Domain Names and E-Mail Addresses: DBOs may not use or attempt to register any of the Company’s or third party’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name. Nor may DBOs incorporate or attempt to incorporate any of the Company’s or third party’s trade names, trademarks service names, service marks, product names, the Company’s name, or any derivative thereof, into any electronic mail address.
5.9. Statements About Products, Services, and the Opportunity: An DBO shall make only truthful and accurate statements about the business opportunity, products and services offered through or by CFORTH. DBOs shall not make any claims about products or services offered through or by CFORTH other than those claims found in CFORTH authorized literature and at cforth.com.
5.10. Non-Disparagement: The Company wants to provide DBOs with the best products, compensation plan, and service in the industry. Accordingly, the Company values your constructive criticisms and comments. All such comments should be submitted in writing to the Subscriber/Customer Support Department by email to firstname.lastname@example.org. To best serve you, the Company must hear from you. While the Company welcomes constructive input, negative comments and remarks made in the field by DBOs about the Company, its products, or Compensation Plan serve no purpose other than to dampen the enthusiasm of the Company’s DBOs. For this reason, and to set the proper example for their Marketing Organization, DBOs must not disparage, demean, or make negative remarks about the Company, other Company’s DBOs, the Company’s products, the Compensation Plan, or the Company’s directors, officers, or employees. Any such remarks can result in Disciplinary Sanctions.
5.11. Advertised Price: You may not advertise any of CFORTH services at a price LESS than the highest Company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free Subscription or other such offers that grant advantages beyond those available through the Company.
5.12. Recordings: DBOs may not copy, produce or reproduce for sale or distribution or create derivative works of products sold by the Company or any of the Company’s produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of meetings and conferences of the Company is strictly prohibited.
5.13. Media and Media Use and Inquiries: DBOs must not respond to media inquiries regarding the Company, its products or services, or their independent business. All inquiries by any type of media must be immediately referred to the Company’s Public Relations Department (by emailing email@example.com), without comment by the DBO. These policies are designed to ensure accurate and consistent information is provided to the public as well as a proper public image. DBOs must not utilize radio or television media for the advertising, distribution or promotion of the Company’s products or opportunity without the express written consent of the Company. In the event the Company does grant permission for the use of such media, the Company must have final authority on every stage of the production process with full rights to all recordings. To obtain permission for this type of advertising contact the Compliance Department by emailing firstname.lastname@example.org.
5.14. Repackaging: Products offered through or by CFORTH are to be sold only in their original packages and in their original formulations. DBOs may not repackage products or otherwise change or alter any of the packaging, labels or materials of products offered through or by CFORTH.
5.15. Written Sales Receipt: A DBO who takes and/or delivers an order in person for over $25 shall deliver to the subscriber/customer at the time of sale a written and dated order or receipt via email which shall: (a) describe the product(s) sold; (b) state the price charged; (c) give the name, address, and telephone number of the selling DBO; and (d) include CFORTH’ Satisfaction Guarantee (as set out below).
5.16. CFORTH Satisfaction Guarantee: All subscriptions and business maintenance fees can be cancelled at any time. However, the subscription shall be cancelled at the end of the current month. If the member has a recurring monthly payment, that will end at the end of the month as well.
5.17. There are no inventory requirements, product purchase or volume requirements of any kind for any DBO of CFORTH.
5.18. Compliance with Applicable Laws, Regulations, and Codes: Each DBO shall comply with all laws, regulations, and codes that apply to the operation of DBO’s DBO wherever that business may be conducted. DBOs shall not directly or indirectly encourage, or aid and abet any person to violate any laws, regulations, codes, or any provision of the DBO Contract. No DBO may operate any illegal or unlawful business enterprise, or engage or participate in any deceptive, illegal, or unlawful trade practices.
5.19. DBO Relationship: DBOs are independent contractors. DBOs shall not state or imply that they are employees, agents or legal representatives of CFORTH, its affiliates, and/or other DBOs. DBOs shall not represent or imply, either directly or indirectly, that registration creates an employment relationship between themselves and the DBOs whom they have enrolled or who have enrolled them.
5.20. Franchises and Territories: DBOs shall not represent to anyone that there are franchises or exclusive territories available under the Plan.
5.21. Enticement to Change Position in the Line of Enrollment: Under no circumstances shall a DBO, directly or indirectly, solicit, assist, attempt to induce, or encourage, another DBO to request a change in position in the Line of Enrollment.
5.22. Exporting and Importing: DBOs shall not export or import products or services offered through or by CFORTH, or knowingly sell to others who import or export such products or services, to or from the United States or its possessions or territories or the European Union or any other country, regardless of whether or not CFORTH or its affiliates have established operations or are doing business in that country.
5.23. Activity Outside the Region or Activity Outside the Market Where the DBO Is Registered: DBOs who engage, directly or indirectly, in any activity related to CFORTH business in a jurisdiction outside of the Region must do so in a manner that complies with the letter and spirit of the applicable laws, regulations, principles, policies and procedures of CFORTH affiliate in that jurisdiction, regardless of whether they are registered DBOs in that jurisdiction. Failure to do so shall be a breach of the DBO Contract.
5.24 No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any DBO imply or state that he or she does have an exclusive territory.
5.25. Sound Business Practices; Right of Offset: DBOs shall operate their DBO in a financially responsible and solvent manner. CFORTH reserves the right to offset commission payments for amounts a DBO owes to CFORTH. If a DBO or any Subscriber partner in his or her DBO files a petition for bankruptcy or has bankruptcy proceedings commenced against him or her, or has any assets seized by court order or taken in execution of an unsatisfied judgment debt, the DBO must immediately inform CFORTH.
5.26. Fundraising: A DBO wishing to use CFORTH products for fundraising purposes may not enroll the group, organization or charity/cause directly in the genealogy or have payment be made directly to the entity in order to prevent personal profit by individuals affiliated with the entity in such a way that may constitute conflict of interest. Any revenues generated for the purpose of fundraising will be paid as income to the DBO to then be donated to their group, organization or cause. A DBO may be set up as a dedicated DBO for the purposes of designating any commission or income associated with that position for the particular group, organization or cause. In the event that a DBO uses CFORTH products or services in conjunction with any type of fund-raising activity CFORTH shall bear no legal responsibility, liability, tax effect whatsoever and shall not indemnify or protect a DBO in any way for their usage said product or service. CFORTH advises that you should seek advice from appropriate tax and legal professionals if you have any further concerns. Fund-raising includes the solicitation for the donation of funds or for the purchase of CFORTH products or services based on the representation that all, or some, of the gains, proceeds, donations, commissions, or profits generated by such sale will benefit a particular group, organization, or cause.
5.27. DBO Plan Manipulation: DBOs shall not manipulate the Plan in any way which results in the payment of commissions and recognition that have not been earned in accordance with the terms of the DBO Contract.
5.28. Personal/Business Information Update: All DBOs are responsible for communicating any updates or changes to their personal information (e.g., name, address, email address and telephone numbers, etc.) or business information (e.g., business name, address, email address, telephone numbers, addition/deletion of partner, change of business status, etc.) to CFORTH.
5.29. Reporting Policy Violations: DBOs observing or otherwise becoming aware of a Policy violation by another DBO should submit a written Report of the violation directly to the attention of the Company’s Compliance Department at the Corporate Office address. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the Report. Alternatively, these Reports may be emailed into the Compliance Department by submitting a statement documenting the names and facts involved to email@example.com.\
5.30. Shared Team Training Requirements – Manager/Trainer: Manager/Trainer shall be directly responsible for initial bona fide assistance and training function as well as ongoing training, quality control and compliance of the newly created down-line Subscriber pursuant to the creation of a shared team.
5.31. Shared Team Training Requirements – New Subscribers: Newly created down-line Subscriber shall fully comply with all DBO policies and shall have a duty to fully comply initially with bona fide assistance and training functions as well as on an ongoing basis with all training requirements, quality control measures and compliance requests from Manager/Trainers.
5.32. Continuing Development Obligations/Ongoing Training: DBOs must have ongoing contact and communication with the DBOs in their Marketing Organizations. Examples of such contact and communication may include, but are not limited to; newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline DBOs to the Company’s meetings, training sessions, and other functions. Up-line DBOs are also responsible to motivate and train new DBOs in the Company’s product and service knowledge, effective sales techniques, the Company’s Compensation Plan, and compliance with the Company’s Agreement. Communication with and the training of downline DBOs must not, however, violate sections regarding the development of DBO-produced sales aids and promotional materials and other related sections. DBOs must monitor the DBOs and Brokers in their Marketing Organizations to ensure that downline DBOs and Brokers do not make wrongful claims or engage in any illegal or inappropriate conduct. Upon request, every DBO should be able to provide documented evidence to the Company of DBO’s ongoing fulfilment of the responsibilities of a Sponsor.
5.33. Increased Training Responsibilities: As DBOs progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Company program. They will be called upon to share this knowledge with lesser experienced DBOs within their organization.
5.34. DBO Obligation to Maintain Current Payment Status DBO’s must maintain current payment status for all dues (both monthly Subscription dues when applicable and all DBO dues) at all times in order to qualify for commissions.
DBO’s who fail to stay current with monthly Subscription dues shall not be entitled to receive achievement awards, leadership rewards until such time as they become current. DBO’s who fail to stay current with monthly business maintenance fees shall be considered inactive until such time as they become current or until such time as their position is removed (See Terms and Conditions regarding compression).
5.35. Payment of Commissions (C.C.). Commissions will be scheduled for processing on or before the 30th of the month following the production.
5.36. DBO Cancellations/Forfeiture of Position and Entitlement to Monies – Should a DBO cancel their position and status as a DBO they forfeit their position as well as any entitlement to monies generated or that incur in any way following the moment of cancellation or forfeiture. All such monies will be rescinded and will remain the property of the company.
5.37. Valid S.S.N. or E.I.N. [BC9] – To receive payments of over $600.00 (Six Hundred Dollars) for any given year, all DBOz/ Subscribers/Customers must provide either a valid Social Security Number (S.S.N.) or Employer Identification Number (E.I.N.). US law requires this information for purposes of reporting to the I.R.S. as relates to a DBO’s status as an independent contractor. CFORTH will not issue payments until such time as this information is provided in writing to them. Failure to provide this information within a reasonable period of time shall result in forfeiture of such monies which will be rescinded and will remain the property of the company.
5.37.1 A DBO/Subscriber/Customer who is a citizen of the European Union, agrees that CFORTH may have to, for legal purposes, follow a Know Your Customer (KYC) process before commissions are paid to the DBO/Subscriber/Customer. A KYC process may include CFORTH asking the DBO/Subscriber/Customer to provide personal documents such as rental agreement, credit card statements or a copy of a utility bill. Further, as part of the KYC process and before commissions are paid, the Company may also ask the DBO/Subscriber/Customer for a copy of a valid ID or Passport.
5.38. Movement Within Genealogy Upon Placement – Once placed into a particular genealogy a DBO may only be moved from that position to another existing position if there is agreement in writing by all DBO’s in that given up-line or, upon formal application for review by the DBO. Otherwise, any DBO who wishes to move out of a given genealogy must withdraw that position, cancelling their DBO spot and then enroll again.
5.39. Obligation to Provide Current and Accurate Information – It is the DBO/ Subscriber-Customer’s responsibility to ensure that all account information is accurate at all times. Failure to do so may result in any or all of the following to occur:
1.) delayed payments;
2.) additional fees or charges being incurred;
3.) bank service charges being incurred;
4.) suspension of benefits;
5.) suspension of benefits and/or pay-outs;
6.) termination from the company.
5.40. DBO/Subscriber/Customer may not improperly solicit any third-party travel or hospitality chains or vendors. This shall include: hotels chains, cruise lines, resorts and the like and this prohibition shall include brands associated with hotels and shall be contemplated to extend to involvement with CFORTH in any way whatsoever. Violation of this policy may result in immediate termination from the company.
5.41. Liability. To the extent permitted by law, CFORTH shall not be liable for, and DBO releases CFORTH from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by a DBO as a result of (a) the breach by DBO of this Agreement, (b) the operation of an DBO’s business, (c) any incorrect or wrong data or information provided by a DBO, or (d) the failure to provide any information or data necessary for CFORTH to operate its business, including without limitation, the enrollment and acceptance of an DBO into the income opportunity or the payment of commissions.
6 Presentation of the Plan, Enrolling and Support
6.1. Inviting: When inviting a Prospect to hear a presentation of the Plan, a DBO must make it clear that what is being described or offered is the Plan.
6.2. Describing the Plan: When describing the Plan: (a) a DBO’s statements must be truthful, accurate and not misleading; (b) the roles of a balanced business (retail sales, personal use and enrolling) must be accurately described; and (c) all income representations must be limited to income from the Plan, based on actual experience or from CFORTH- authorized materials, and provide realistic income potential.
6.3. Required Disclosures: In seeking participation of a Prospect in the Plan, a DBO / Subscriber / Customer:
6.3.1. May provide each Prospect a digital copy of a presentation (at www.cforth.com) authorized by CFORTH for use with Prospects that contains the average profits, earnings, and sales figures and percentages as published by CFORTH, and must orally inform the Prospect that the presentation contains that information, earnings, and sales figures and percentages as published by CFORTH. Alternatively, the DBO may direct each Prospect to the official website: www.cforth.com and the DBO must direct the Prospect to the tabs within the site showing the average profits, earnings, and sales figures and percentages as published by CFORTH.
6.3.2. Must use only CFORTH-authorized materials or Business Support Materials that are authorized for use with Prospects.
6.4. Income Disclosure Statement: In an effort to conduct best business practices, CFORTH will develop the Income Disclosure Statement (“IDS”). The CFORTH IDS is designed to convey truthful, timely, and comprehensive information regarding the income that CFORTH DBOs earn. A copy of the IDS must be presented to each prospective DBO. A copy of the IDS must be presented to a prospective DBO (someone who is not a party to a current CFORTH DBO Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim, or earnings Representation is made. In any meeting that is open to the public in which the Compensation Plan is discussed, or any type of income claim is made, the DBO must provide every prospective DBO with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the DBO Back Office Downloads section. CFORTH shall continue to update and revise this document periodically.
6.5. Prohibited Enrolling Practices: In seeking participation of a Prospect in the Plan, a DBO:
6.5.1. Must not cite lifestyle examples, e.g., travel, automobile, homes of successful DBOs, and contributions to charitable causes, unless such benefits were actually accrued as the result of building a successful DBO. When registering prospective DBOs or selling Subscriptions, the DBO may not make income claims or earnings Representations to demonstrate the inherent power of network marketing.
Because the Company’s DBOs do not have the data necessary to comply with the legal requirements for making income claims, a DBO, when presenting or discussing the Company’s opportunity or Compensation Plan to a prospective DBO, may not make income projections, income claims, or disclose his or her own income (including the showing of checks, copies of checks, bank statements, or tax records.) unless in compliance with the policy provisions referring to “Income Disclosure Statement.”
6.5.2. Must not say or imply that a successful DBO can be built in the form of a wholesale buying club.
6.5.3. Must not say or imply that there is any requirement for the retail sale or marketing of products by DBOs.
6.5.4. Must not promote potential tax benefits of the Plan.
6.5.5. Must not register or enroll new DBOs in a way that manipulates the new DBO’s position in the Line of Sponsorship.
6.6. Enroller’s Responsibilities: An enroller must comply with the following obligations:
6.6.1. Policies Compliance: The enroller must be a DBO in full compliance with the Policies.
6.6.2. Access to the DBO Contract (Terms and Conditions): The enroller must ensure that all DBOs whom he or she enrolls have access to and the opportunity to read the Terms and Conditions on the website at www.cforth.com.
6.7. Distribution of Commissions: Commissions will be processed and deposited directly to the DBOs via payment solution between the 1st and 28th of the month.
6.8. Prohibited Support Practices: Enrollers and up-line DBOs shall not encourage or require downline DBOs, as a condition of receiving assistance in building their DBO after registration, to (a) purchase any specified amount of CFORTH or non-CFORTH products or services, or (b) maintain a specified inventory of CFORTH or non-CFORTH products or services.
7.1. Products Sales: The Compensation Plan is based solely on the sale of the Company and its vendor products to end consumers (“retail customers”). The requirements outlined in section 2.1 (Becoming an DBO) must be satisfied for DBOs to be eligible for commissions.
7.2. Commission Qualifications: A DBO must be active and in compliance with the Agreement to qualify for commissions. As long as a DBO complies with the terms of the Agreement, the Company shall pay commissions to such DBO in accordance with the Compensation Plan.
7.3. Reports: All information provided by CFORTH, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed by CFORTH to be accurate and reliable. Nevertheless, due to various factors including but not limited to human and mechanical errors; the accuracy, completeness, and timeliness of orders, denial of credit card and electronic payments, a DBO whose DBO Agreement is cancelled shall receive commissions only for the last full pay period that DBO worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
8 Preservation of the Line of ENROLLMENT/ Genealogy (LOS)
8.1. Confidentiality of the LOS (Line of Sponsorship): CFORTH protects the LOS and LOS Information for the benefit of CFORTH and of all DBOs. CFORTH keeps LOS Information proprietary and confidential and treats it as a trade secret. CFORTH is the exclusive owner of all LOS Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by CFORTH and its DBOs. DBOs can use CFORTH’s goodwill and LOS Information only for the purposes permitted under the DBO Agreement. CFORTH may disclose limited LOS information only in very limited circumstances and at its discretions and such disclosure does not in any way limit or waive confidentiality or other protections. For example, in assigning DBOs to prospect “orphan” leads (leads organically generated through the site and related materials in which the prospect does not know of or wish to be enrolled under a specific DBO), CFORTH will by necessity disclose limited contact and identification data.
8.1.1. DBOs acknowledge, and agree not to challenge, that: (i) LOS Information is confidential and a valuable trade secret owned by CFORTH; (ii) LOS Information is owned exclusively by CFORTH; and (iii) DBOs do not own any rights in LOS Information. DBOs agree not to challenge or interfere with CFORTH’s authority to license or sublicense LOS Information. DBOs shall not assert or seek any rights or protection of any kind in LOS Information other than those limited rights or protections that may be specifically granted by these Policies.
8.1.2. A DBO may use LOS Information only with CFORTH’s prior written permission, which may be expressed through general publication (to all DBOs) or through a specific writing to one or more DBOs. Any permission granted by CFORTH shall constitute a limited non- exclusive, non-transferable, and revocable license by CFORTH for a DBO to use LOS Information only as necessary to facilitate his or her DBO as permitted under these Policies. CFORTH reserves the right to deny or revoke any such license, upon reasonable notice to the DBO stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of CFORTH, such is necessary to protect the confidentiality or value of LOS Information.
8.1.3. All DBOs shall maintain LOS Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard LOS Information and maintain the confidentiality thereof. A DBO shall not compile, organize, access, create lists of, or otherwise use or disclose LOS Information except as authorized by CFORTH. A DBO also shall not disclose LOS Information to any third party, or use LOS Information in connection with any other businesses or to compete, directly or indirectly, with CFORTH’s business.
8.1.4. A DBO shall promptly return any and all LOS Information to CFORTH upon resignation, non-renewal, or termination of DBO’s DBO and shall immediately discontinue any further use thereof.
8.1.5. Every DBO acknowledges that use or disclosure of LOS Information, other than as authorized by CFORTH, will cause significant and irreparable harm to CFORTH, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such unauthorized use or disclosure.
8.1.6. A DBO’s obligations under these shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that DBO’s DBO.
8.2. Non-Competition and Non-Solicitation:
8.2.1. Non-Competition: Every DBO agrees that while DBO’s Contract with CFORTH is in effect and during the six month period following the resignation, non-renewal, or termination (for any reason) of that DBO, the DBO shall not own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, and (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by CFORTH.
8.2.2. Non-Solicitation: Every DBO agrees that while DBO’s Contract with CFORTH is in effect and during the six-month period following the resignation, non-renewal, or termination of him or her, he or she will not, on his or her own behalf or on behalf of any person or entity, directly or indirectly, encourage, solicit, or otherwise attempt to recruit or persuade (i) any DBO or (ii) any person who has been a DBO within the past calendar year, to own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, or (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by CFORTH.
8.2.3. The time periods in the above Policies shall be extended by any period of time during which the former DBO is in violation of the applicable Policy.
8.2.4. The geographic scope of these Policies is the Region and Countries, in which CFORTH operates.
8.2.5. Each DBO agrees that these Policies are reasonable in both time and geographic scope.
8.2.6. For purposes of these Policies, “Key Position” means an owner, employee, agent, or independent contractor who contributes to the profitability of his or her new business or who is in a position to receive benefit or competitive advantage from his or her new business by virtue of his or her access to LOS Information.
8.2.7. Nothing in these Policies restricts the sale or distribution of privately developed Business Support Materials in accordance with any other Policy herein with approval from CFORTH.
8.2.8. Nothing in these Policies restricts competition between DBOs (a) in the sale of products or services offered through or by CFORTH or DBOs to Customer-Subscribers or (b) in the registration of new DBOs or Customer-Subscribers.
8.2.9. Each DBO acknowledges that these Policies protect the reasonable competitive business interests of CFORTH and DBOs, and that a violation of any subsection of these Policies will cause significant and irreparable harm to DBOs and CFORTH, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such violation.
8.2.10. A DBO’s obligations under these Policies shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that DBO’s DBO.
8.3. Other Business Activities: Except as provided in the Policy 8, DBOs may engage in other business ventures, including other selling activities, involving products, services, or business opportunities. However, DBOs may not take advantage of their knowledge of their association with other DBOs who they did not personally register or have a “shared team” role with, including their knowledge resulting from or relating to Line of Enrollment Information, in order to promote and expand such other business ventures.
8.3.1. Each DBO agrees not to solicit, directly or indirectly, other DBOs who the DBO did not personally enroll or have a “shared team” role within order to sell, offer to sell, or promote other products, services, business opportunities, investments, securities, or loans not offered through or by CFORTH. Each DBO agrees not to sell, offer to sell, or promote any other business opportunities, products, or services in connection with the Plan. Nothing in these Policies restricts the sale or distribution of Business Support Materials in accordance with these Policies.
8.3.2. Nothing in these Policies restricts, for example, a DBO regularly engaged in the operation of a service station, auto dealership, retail establishment, salon, or a professional service (e.g., law, medicine, dentistry, or accounting) from serving Customer-Subscribers who are DBOs and who have sought them out. But a DBO shall not actively solicit the patronage of other DBOs based on knowledge or information gained as a result of being a DBO.
8.4. Approval of Certain DBO Contract Changes: The sale of an ownership interest in a DBO, transferring a DBO, merging DBOs, separating or dividing a DBO, or assignment of any rights or obligations under a DBO Contract require express approval of CFORTH in writing beyond those with whom they have a “shared team” role. None of the foregoing may be used to manipulate the Line of Enrollment. Sale of a position will not change the enroller status.
8.5. Individual Transfers: An “individual transfer” involves the transfer of a DBO without any downline DBOs. Any DBO who wants to change his or her enroller must submit a written request to CFORTH accompanied by:
(1) a written release signed by all the DBOs up-line in the Line of Enrollment, (2) a written acceptance from the new DBO enrollee, and (3) a statement indicating the business reason for the transfer request. Upon CFORTH’s express approval in writing of the request, the written acceptance from the new enrollee confirms that the new enrollee will incur all responsibilities of the transferring DBO.
8.6. Group Transfers: A group transfer involves the transfer of a DBO with one or more downline DBOs.
8.6.1. A DBO who wishes to transfer to a different enroller with one or more downline DBOs may do so only with the express approval of CFORTH in writing. In addition, a DBO must submit a written request to CFORTH accompanied by (a) written consent from all DBOs up-line in the Line of Enrollment, (b) written consent of all DBOs whom the transferring DBO wishes to transfer with him or her, (c) written consent by the new enrollee to which the requesting DBO wants to be transferred, and (d) a statement indicating the business reason for the transfer request.
8.7. Six-Month Inactivity: A DBO who wishes to transfer to a different enroller, but is unable to obtain the necessary consents may not register under a new enroller until the DBO has terminated his or her DBO Contract or failed to renew and has been inactive for a period of 6 months or longer. Following the lapse of the inactive period, the former DBO may register as a new DBO under a new enroller.
8.7.1. During the period of inactivity, a person shall not conduct any of the activities of a DBO under his or her name, or in the name of another person or DBO.
8.7.2. The following shall not interrupt the running of the six-month inactivity period: (a) procuring and/or submitting a written request for transfer; (b) filing an application for an informal or formal conciliation; (c) operating a CFORTH-affiliated business in any other country in which a CFORTH affiliate conducts business; (d) directing an inquiry to CFORTH as to the status of his or her DBO; or (e) purchasing CFORTH products or services as a Customer-Subscriber.
8.7.3. Inactivity: A VIP Customer has a lifetime subscription until they terminate the subscription. A DBO who wants to register under a different enroller must first terminate their subscription. 6 months must have elapsed since the expiration of the enrolled DBO’s contract in order to sign up under a different DBO.
8.8. Sale of a DBO: A DBO who owns and operates a DBO may sell the DBO’s ownership interest in such DBO only to another DBO who is in compliance with the Policies, and who has the sufficient skills, experience, judgment and resources to operate the DBO, as reasonably determined by CFORTH. CFORTH requires that specific terms of sale be included in any sales agreement. Such terms and a sample sales agreement may be obtained from CFORTH. A DBO may be sold only with the express written approval of CFORTH.
8.8.1. In order to preserve the Line of Enrollment, the selling DBO must offer his or her DBO in the order of priority stated below, and the DBO(s) interested in purchasing the DBO must meet all of the terms and conditions set forth in these Policies.
188.8.131.52. The first option, exercisable so long as the first or second options above have not been exercised, belongs to any one of the selling DBO’s personally registered DBOs;
184.108.40.206. The second option, exercisable so long as the first, second, or third options above have not been exercised, belongs to any qualified DBO either up or down the Line of Enrollment from the selling DBO;
220.127.116.11. The final option, exercisable so long as the first, second, third or fourth options above have not been exercised, belongs to any DBO in good standing.
8.8.2. If CFORTH operates a DBO and has entered into a servicing agreement with an DBO to manage the DBO, CFORTH shall have the option of selling the DBO to the servicing DBO.
8.8.3. When a DBO is sold, it will remain in its same position in the Line of Enrollment.
8.9. Mergers and Combinations of DBOs: Mergers of DBOs resulting from failure to file a Renewal Agreement, termination, resignation, death (with no designation of succession by heirs) or some involuntary event or cause beyond the control of any of the owners, are permitted, only with the express approval of CFORTH in writing.
8.10 Adults, 18 years and above are eligible to become a DBO.
8.11. Divorce, Separation, or Other Dissolution of a Non-Spousal Partnership or Legal Entity: DBOs who become involved in an action for divorce, separation of marital property, or the dissolution of a non-spousal partnership or legal entity formed under these policies, must continue to conduct themselves in compliance with the Policies.
8.11.1. During the pendency of a divorce, separation of marital property or dissolution of a non-spousal partnership or legal entity, the DBOs must adopt one of the following methods of operation: (a) the DBOs continue to operate the DBO jointly on a “business-as-usual” basis; (b) one or more DBOs relinquishes his or her right and interest in the DBO; (c) the DBOs may agree on a third party to operate the DBO, subject to express approval of CFORTH in writing; or (d) if the DBOs cannot agree on a third party, CFORTH shall appoint a third party to act as a receiver during the pendency of the divorce or dissolution if CFORTH determines that such an appointment is necessary to prevent a negative impact on the business.
8.11.2. After a Final Decree or Judgment of Divorce, a Final Separation Agreement or other domestic contract that contains a legally enforceable Property Settlement or Division of Assets that addresses their DBO, or after a final dissolution of a non-spousal partnership or legal entity, DBOs may:
(a) agree to continue to operate their DBO in the form of a partnership or other legal entity permitted under these Policies; or (b) agree that one DBO may relinquish all rights in the original DBO to the other DBO(s), at which time the withdrawing DBO is free to immediately register under any enroll.
8.11.3. DBOs may not divide their DBO in the case of a divorce, separation of marital property or other dissolution.
8.12. Disposition of a DBO: If a DBO resigns, fails to renew, terminates his or her DBO, dies without transferring the DBO, or is terminated by CFORTH, CFORTH shall decide the future of the DBO in accordance with these Policies.
8.13. DBO Renewal Failure – DBO’s who fail to renew their monthly renewal fee shall be reverted back to VIP Customer status.
8.14. Orphan Leads – An orphan lead is any lead (Subscription, DBO or both) that has come to CFORTH through sources other than a DBO. These leads may be distributed equally to leaders at the discretion of the company.
8.15. Preservation of Genealogy Position Upon Cancellation – In the event that a qualifying DBO elects to cancel their account or otherwise becomes inactive, the following protocols shall be observed: CFORTH will hold that position open for that DBO for a period of sixty days from the date of cancellation. DBO may elect to re-enroll within this time-period and shall be placed back into that position.
9 Business Support Materials
Business Support Materials (or “BSM”) [BC11] as used in these Policies means all products and services (including but not limited to business aids, books, magazines, flip charts, and other printed material, online literature, internet websites, advertising, audio, video or digital media, rallies, meetings, and educational seminars, and other types of materials and services) that are (i) designed to solicit and/or educate Prospects, Customer-Subscribers, or prospective Customer-Subscribers of CFORTH products or services, or to support, train, motivate, and/or educate DBOs, or (ii) incorporate or use one or more of the Marks or Copyrighted Works of CFORTH, or (iii) are otherwise offered with an explicit or implied sense of affiliation, connection, or association with CFORTH. Unless otherwise specified in writing, DBOs acknowledge that nothing in these Policies, or in any other Policy, shall be construed or interpreted as a license or other permission to incorporate any LOS Information into any BSM.)
9.1. General Policies on BSM:
9.1.1. DBOs may sell BSM only in accordance with these Policies BSM used, promoted, distributed, or offered for sale by or to DBOs must: (a) comply with all quality standards and any applicable Policies relating to their use, promotion, and sale; (b) be submitted to CFORTH for review prior to use, promotion, distribution or sale; (c) be authorized by CFORTH; and (d) if required for the category of BSM, bear the authorization number provided by CFORTH.
9.1.2 CFORTH’s Satisfaction Guarantee and Buy-Back Policies do not apply to materials not sold by CFORTH. BSM may only be sold subject to the right of the purchaser to return such BSM for a refund in accordance with the following:
18.104.22.168. The terms of the refund policy, including terms regarding procedures for the resolution of disputes and the responsible person for returns, must be clearly communicated to the purchaser prior to any sale. In addition to any other person designated to handle returns, the selling DBO and the Approved Provider shall be responsible for handling returns if the sale occurred under these Policies, and the selling DBO shall be responsible for handling returns of all other sales.
22.214.171.124. During the first 90 days following a DBO’s registration with CFORTH, the DBO may return all BSM of any form purchased, including meeting tickets, together with proof of purchase, for a 100% refund of the price paid for such BSM.
9.1.3. DBOs promoting, selling, distributing, or offering BSM for sale must:
(a) ensure that such BSM are not sold or offered for sale in conjunction with the DBO’s registration with CFORTH; (b) provide purchasers of such BSM with any disclosures or other information that may be required by CFORTH from time to time; (c) clearly inform every DBO purchasing BSM that purchasing BSM is optional, is strictly voluntary, and may be helpful but is not necessary to build a successful independent business; and (d) advise the purchaser about refund policies that apply to such BSM in accordance with these Policies.
9.1.4. No DBO may record a CFORTH presentation without the prior specific written consent of CFORTH. A DBO may make a single recording of the talks or presentations made by non-CFORTH employees at any CFORTH-enrolled meeting, provided the recording is for their personal use and is not reproduced for any purpose.
9.1.5. Although the specific content of live seminars, events, business meetings, or other similar BSM must comply with CFORTH’s quality standards such BSM do not require prior authorization from CFORTH unless or until the content is reduced to a fixed media (such as in print, audio, video or other digital media) for use with DBOs or Prospects.
9.1.6. A DBO who purchases, promotes, distributes, or offers BSM for sale shall use reasonable efforts to determine that the quantity and cost of BSM are reasonably related to sales volume and profits of the purchaser’s DBO.
9.1.7. DBOs who promote or distribute BSM to other DBOs may not compensate or remunerate other DBOs in connection with such distribution except in accordance with these Policies.
9.1.8. DBOs may organize seminars, events, or business meetings for DBOs consistent with their training obligations as enrollees.
9.1.9. DBOs selling, promoting, or distributing BSM apart from these Policies must obtain appropriate written authorization from CFORTH in accordance with these Policies in order to use any Marks or otherwise use any copyrighted material or other intellectual property of CFORTH in connection with such BSM.
9.1.10. DBOs selling, promoting, or distributing BSM must not infringe the copyrights or intellectual property rights of Approved Providers, other DBOs or third parties.
9.2. Sale and Promotion of BSM with Authorization from an Approved Provider:
9.2.2. DBOs who wish to sell, promote, or earn income from the sale of BSM from an Approved Provider must have a written contract or other binding authorization from that Approved Provider in accordance with the Program, obligating the DBO to adhere to CFORTH’s quality standards in connection with such activities.
9.2.3. BSM offered in the form of website subscriptions and downloadable media are subject to the following requirements, in addition to these Policies:
126.96.36.199. Purchasers cancelling website subscriptions are entitled to a refund for unused, whole months of any prepaid subscription(s).
188.8.131.52. Purchasers of downloadable media are entitled, if dissatisfied, to obtain a replacement download of equal value within 30 days of the purchase of the subject downloadable media.
9.3. DBOs who are authorized by an Approved Provider to sell, promote, or distribute an Approved Provider’s BSM in accordance with these Policies require no further written authorization from CFORTH to conduct such activity.
9.4 Price changes. All CFORTH product and literature prices and schedules are subject to change without notice.
10 Marks and Copyrighted Works
10.1 CFORTH’s Marks and Copyrighted Works are important and valuable business assets of CFORTH. The Marks help identify the source and reputation of CFORTH’s products and services worldwide and distinguish them from those of competitors. CFORTH makes commercially reasonable efforts to protect the Marks from improper use, including through Policies, accreditation of Approved Providers, and a corporate identity program that requires the correct and consistent use of the Marks, both in appearance and substance.
10.2. Use of Marks and Copyrighted Works: A DBO may use CFORTH’s Marks [BC12] and Copyrighted Works only with CFORTH’s prior written permission, which may be expressed through general publication (to all DBOs) or through a specific writing to one or more DBOs. Without limitation, CFORTH may require conformity with specifications, may require that materials that use CFORTH’s Marks and/or Copyrighted Works be sourced from CFORTH or a CFORTH approved supplier, and may otherwise condition use of its Marks and Copyrighted Works. Any permission granted by CFORTH shall constitute a limited, non-exclusive, non-transferable and revocable license to use such Marks and Copyrighted Works solely in connection with CFORTH business in the Region, or Country. Subject to conditions and specifications published or specifically provided in writing from time to time, the Marks and Copyrighted Works may be used only on:
(a) exterior and interior office signs;
(b) all forms of vehicle signs;
(c) telephone listings;
(d) promotional literature;
(f) premiums; and
(g) business cards.
Other proposed Uses will be considered upon request. Without limitation, CFORTH will not authorize a DBO to use the Marks on imprinted checks.
10.3. No corporate materials shall not be altered, reproduced, or misrepresented in any way, including but not limited to the images and content without express prior written approval from corporate. All submissions shall be made to corporate at firstname.lastname@example.org and shall have in the subject line: “Submission for Corporate Approval”.
11 Complying with the DBO Contract (Remedies for Breach) – Terms and Conditions
11.1. Complying with the DBO Contract is essential for preserving a strong and viable business for DBOs and CFORTH. DBOs and CFORTH each have rights and responsibilities in case of a breach of the DBO Contract.
11.2 CFORTH’s Rights and Responsibilities: When CFORTH becomes aware of a potential breach of the DBO Contract, CFORTH will first investigate as appropriate. Before taking enforcement action, CFORTH shall attempt to contact the DBO in an effort to resolve the issue. If the communication does not resolve the issue, CFORTH may take any enforcement action authorized by the DBO Contract including, but not limited to, one or any combination of the following:
11.2.1. A written warning to a DBO, and/or up-line or down-line DBOs in the Line of Enrollment.
11.2.2. Retraining a DBO, and/or up-line or down-line DBOs in the Line of Enrollment.
11.2.3. Suspending some or all of the rights of an DBO for a specified period of time, or until certain conditions have been satisfied.
11.2.4. Withholding any monthly commissions.
11.2.5. Compensatory remedies, as applicable.
11.2.6. Transferring an DBO or a group of DBOs.
11.2.7. Terminating an DBO Contract.
11.3. If a DBO elects to challenge any action taken by CFORTH under these Policies, the DBO shall submit the issue to the Dispute Resolution Procedures described in these Policies.
11.4. DBO Rights and Responsibilities: If a DBO believes that another DBO has breached the DBO Contract, the DBO first should contact the DBO in question in an effort to resolve the issue. If a DBO believes that CFORTH has breached the DBO Contract, the DBO shall first contact CFORTH in an effort to resolve the issue. If discussion with CFORTH does not resolve the issue, the DBO may file a written complaint with CFORTH. The complaint should explain the issue in as much detail as possible and include all supporting documents. CFORTH will investigate as appropriate and take enforcement or corrective action under the DBO Contract, if necessary. If any issue remains unresolved, it shall be submitted to the Dispute Resolution Procedures described in these Policies.
11.5. A DBO who elects to challenge the validity of a Policy or other term of the DBO Contract shall first contact CFORTH in an effort to resolve the issue. If the DBO is not satisfied with CFORTH’s response, the dispute shall be resolved in Arbitration pursuant to Policies.
11.6. Duty to Cooperate: Each DBO is required to respond to inquiries and otherwise cooperate in a timely fashion with any investigation conducted by CFORTH. Failure to respond to inquiries or to otherwise cooperate in a timely fashion is a breach of the DBO Contract and may result in CFORTH taking action against the DBO.
11.7. Non-Waiver. The failure of CFORTH or any DBO to enforce any breach of any provision of the DBO Contract shall not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision of the DBO Contract.
12 Modification of the DBO Contract
12.1 CFORTH may modify the DBO Contract in accordance with the following procedures.
12.2. Any changes to the Terms and Conditions, and Policies, require CFORTH’s decision.
12.3 CFORTH will notify DBOs of the proposed changes to Policies by making them available for review by the DBOs logging on www.cforth.com and by CFORTH’s solicitation of comments from DBOs concerning the proposed changes. CFORTH will consider any comments submitted during the 30 days following DBO’s posting of such notice on that web site. The proposed changes shall become effective 15 days after the end of the comment period, unless CFORTH makes further modifications. CFORTH shall provide notice of any such further modifications on www.cforth.com 15 days prior to the effective date of such further modifications. These time periods may be shortened when it is necessary for a particular change to comply with a new law or other government mandate, to protect DBOs from serious financial harm, or to protect the integrity of the Plan. Policy changes have prospective effect only.
12.4. Prior to the effective date of any proposed Policy change, any DBO who is unwilling to accept a Policy change can provide notice of his/her intent to resign from CFORTH business on the effective date of the Policy change. Unless the proposed Policy change is withdrawn, the DBO’s resignation will become effective, and CFORTH will refund a pro rata share of the DBO’s registration or renewal fee for that year. The resigning DBO may sell his or her DBO in accordance with these Policies. In addition, the resigning DBO can return any unused, marketable products pursuant to Policy.
13 Dispute Resolution Procedures
13.1. Disciplinary Sanctions: Violation of the Agreement or 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 DBO that, in the sole discretion of the Company may damage its Reputation or goodwill (such act or omission need not be related to the DBO’s business), may result, at the Company’s discretion, in one or more of the following corrective measures:
a) Issuance of a written warning or admonition;
b) Requiring the DBO to take immediate corrective.
c) Imposition of a fine, which may be withheld from commissions;
d) Loss of rights to one or more commissions;
e) The Company may withhold from a DBO all or part of the DBO’s commissions during the period that the Company is investigating any conduct allegedly violating the Agreement. If a DBO’s business is cancelled for disciplinary reasons, the DBO will not be entitled to recover any commissions withheld during the investigation period;
f) Suspension of the individual’s DBO Agreement for one or more pay periods;
g) Probationary period during which time any further infractions of the Agreement will result in termination of the DBO’s business. During probation, a DBO may continue to represent the Company and build his or her Marketing Organization, can receive commissions;
h) Termination of the offender’s DBO Agreement. Upon written notice to terminate in the event DBO breaches the Agreement, DBO shall:
(i) lose all rights to purchase products and/or services from Company,
(ii) cease from representing himself or herself as an DBO,
(iii) lose all rights to DBO’s participation and position in the Compensation Plan, including all future commissions and earnings resulting from and (iv) take all other actions reasonably required by Company, including the discontinuance of Company’s names, marks and other intellectual property.
i) Transfer of a portion or all of the DBO’s Marketing Organization or “downline”;
j) Any other measure expressly allowed by the Agreement or which the Company deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the DBO’s policy violation or contractual breach; or
k) In situations deemed appropriate by the Company, the Company may institute legal proceedings for monetary and/or equitable relief exclusive of the procedures outlined herein.
l) Company reserves the right to accept or deny any application or terminate anyone for any reason such as past or current felony convictions, acts of moral turpitude or other actions which, at the sole discretion of Company, would harm the Reputation of the Company and or the other DBOs.
13.2. Grievances and Complaints: When a DBO has a grievance or complaint with another DBO regarding any practice or conduct in relationship to their respective businesses, the complaining DBO should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party’s up-line Sponsor. If the matter involves interpretation or violation of the Company’s Policies, it must be reported in writing to the Compliance Department at the Company (email@example.com). CFORTH’s Compliance Department will review the facts and attempt to resolve it. If it is not resolved, it will be referred to the Dispute Resolution Board for final review and determination.
13.3. Rule Violation – 3 Strike Rule – 1st violation of any of the rules, terms, conditions and/or procedures shall result in a warning (warning may be made either via email, verbally or in other writing); in the event of a 2nd violation, CFORTH, at its sole discretion, reserves the right to rescind a commission level, and/or commission and/or monies due. In the event of a 3rd violation, CFORTH, at its sole discretion, reserves the right to immediately terminate the violating party’s agreement with the company.
13.3. Amendment only with CFORTH consent: Policy 13 and any subparts may be amended only by CFORTH, and such amendments shall not be retroactively applied to any dispute known to CFORTH at the time of amendment.
13.4. Temporary or Preliminary Injunctive Relief: Nothing in these Policies prevents CFORTH, a DBO, an Approved Provider or any other one of the parties from seeking temporary or preliminary injunctive or other relief from a court of competent jurisdiction, notwithstanding the parties’ obligation to participate in Conciliation or Arbitration under these Policies.
13.5. Confidentiality: The parties, when involved in the dispute resolution process in any manner, will not disclose to any other person not directly involved in the dispute resolution process: (a) the substance of, or basis for, the dispute; (b) the content of any testimony or other information obtained through the dispute resolution process; or (c) the resolution (whether voluntary or not) of any matter that is subject to the dispute resolution process. However, nothing in these Policies shall preclude any one of the parties from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery.
13.6. Conciliation: The Conciliation procedures are designed to resolve disputes efficiently in a non-confrontational setting, through education, mediation, and conciliation. The Conciliation requirement is reciprocal and applies to all Parties. The party first seeking resolution shall commence Conciliation by providing a Request for Conciliation form to the other affected parties and, in any Dispute, CFORTH Business Conduct and Policies Department.
13.7. Proposed Dispute Resolution Board: The purpose of the Proposed Dispute Resolution Board (“PDRB”) is to: (1) review appeals of disciplinary sanctions; and (2) review matters between the Company’s DBOs. After the response or settlement instituted by the Compliance Department has been denied or otherwise remains unresolved, upon written request, the PDRB reviews evidence, deliberates, and responds to current outstanding issues on a collective basis. An DBO may submit a written appeal within fifteen (15) business days from the date of: (1) the written notice by the Company of disciplinary action; or (2) the written decision of Compliance Department, as applicable, regarding disputes between DBOs. All communication with the Company and the DBO seeking resolution of a dispute must be in writing and sent via Registered Mail or hand-delivered. It is within the PDRB’s discretion whether a claim is accepted for review. If the PDRB agrees to review the matter, it shall schedule a hearing within ten (10) business days of receipt of the DBO’s written request. All evidence (e.g., documents, exhibits, etc.) that an DBO desires to have considered by the PDRB must be submitted to the Company with the written request for a review with the PDRB. The PDRB will review and reconsider the sanction, consider any other appropriate action, and notify the DBO in writing of its decision. The decision of the PDRB will be final and subject to no further review, except as provided in Sections herein below. During the pendency of the claim before the PDRB, the DBO waives his or her right to pursue arbitration or any other remedy. The PDRB will be made up of a minimum of three mid-to-senior level management of the Company. All Subscribers will be selected by Company.
13.8. Mediation: Prior to instituting any arbitration as provided in Sections herein, 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 fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorney fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Leon County, Florida and shall last no more than two business days.
13.8.1. In cases where an Approved Provider is a party, the dispute will be mediated by an independent neutral mediator acceptable to all Parties, unless all of the parties involved in the dispute stipulate to informal conciliation. CFORTH can provide a list of possible mediators, but the parties are not obligated to agree to any mediator on that list.
13.8.2. In all instances where the parties cannot agree on a mediator within ten business days of receiving the Request for Conciliation form, they authorize CFORTH to request the American Arbitration Association (AAA) to select a mediator.
13.8.3. The mediation proceeding is confidential and not open to the public; but any participant may be accompanied by a lawyer or another personal representative, such as an up-line DBO or a friend or family Subscriber, as long as the representative agrees to respect the confidentiality of the process.
13.8.4. All parties who receive notice of the mediation are required to participate. The parties are strongly encouraged to attend the mediation in person but are not required to do so. Should the parties choose to attend in person, they are responsible for their own expenses. Failure by CFORTH or any disputing DBO to participate in good faith is a breach of the DBO Contract, and the breaching party shall reimburse the other parties for any expense directly caused by the breach, as determined by the mediator.
13.9. 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 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. DBOs waive all rights to trial by jury or by any court. All arbitration proceedings shall be held in Palm Beach County, Florida, unless the laws of the state in which a DBO resides expressly require the application of its laws.
13.9.1. The arbitration award shall be final and binding, and judgment thereon may be entered by any court of competent jurisdiction. The parties acknowledge that the DBO Contract and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration Policies and arbitration proceedings.
13.9.2. Class Action Waiver: The parties mutually waive any right to assert any dispute as a class, collective or representative claim or action, or to participate in any dispute asserted as such.
13.9.3. No Class Arbitration: The parties agree that, if the Class Action Waiver is found to be void or unenforceable for any reason, any motion to have the dispute certified as a class action, and any ensuing class action should it be certified, must be heard, and disposed of only by a court, and not by an arbitrator; class action claims cannot be submitted to arbitration under these Policies under any circumstances.
13.9.4. Commencement of Arbitration: The complaining party may file a demand for arbitration with the American Arbitration Association (“AAA”). The arbitration will be commenced and conducted in accordance with the AAA fee schedules and commercial arbitration Policies and these policies. If there is any conflict between the AAA arbitration Policies and these Policies, these Policies shall apply.
13.9.5. Limitations: Demand for arbitration shall be made within two years after the claim arose, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations. The two-year period or any shorter statutory limitations period shall be tolled during the Conciliation process described in these Policies, provided that Conciliation shall not revive any limitations period that has expired before the time a party invokes these Policies.
13.9.6. Single Arbitrator: Unless all parties to the arbitration agree otherwise, a single arbitrator shall be chosen, and Arbitrator candidates must have at least five years’ experience as a state or federal judge or as a full-time ADR professional, including substantial experience in commercial arbitration.
13.9.7. Arbitrability Issues to Be Decided by Arbitrator: The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
13.9.8. Award: The arbitrator’s award shall be limited to deciding the rights and responsibilities of the parties in the specific dispute being arbitrated. The arbitrator’s award shall have no collateral estoppel effect in any other proceeding. The arbitrator shall not provide a statement of reasons for his or her award unless requested to do so by a party.
13.9.9. Consolidation: Similar claims involving multiple parties may be consolidated before a single arbitrator if all parties agree. The arbitrator will decide any disputed consolidation issues.
13.10. Discovery: Notwithstanding any discovery provisions in the AAA commercial arbitration policies incorporated herein above, no discovery shall occur in an arbitration under these Policies unless and until specifically authorized by the arbitrator. The arbitrator shall decide the amount, scope and timing of discovery as appropriate in each case. In addition, before requiring any discovery, the parties involved in the arbitration shall agree on an appropriate confidentiality order that is consistent with the DBO Contract. If they fail to agree, the arbitrator shall impose appropriate confidentiality requirements on the parties and witnesses.
13.11. Governing Law, Jurisdiction and Venue: Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Leon County, State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision, residents of the State of Louisiana shall be entitled to bring an action against the Company in their home forum and pursuant to Louisiana law.
14 Limitations of Responsibility
14.1 CFORTH provides access through its portal to discounted vacation travel and other benefits provided by third parties and third-party affiliates (each, a “Supplier”) that CFORTH does not control. All third- party suppliers are separate and distinct from, and not agents/employees of CFORTH.
(a) DBO acknowledges, and understands, and agrees that CFORTH does not accept any liability for such supplier’s actions or omissions.
(b) CFORTH is not liable or responsible in any respect for breach of contract, any action or inaction, commission or omission whether intentional, negligent or otherwise, on the part of such third-party suppliers resulting in any loss, damage, delay or injury. DBO acknowledges, understands all of the following and agrees that DBO will neither make any claim against CFORTH contrary to any of the following nor will DBO ever make any contrary or inconsistent representation to any person about any of the following.
14.2. Vacation itineraries, including changes after the sale which may include missed ports of call, are the sole responsibility of the supplier.
14.3. CFORTH assumes no responsibility for overbooking, cancellation or delays by hotels, airlines, cruise lines, tour operators, car rental companies, ground transportation services, excursion operators or other providers of any service sold on www.cforth.com.
14.5. DBOs agree that CFORTH is not responsible for any potential risks and hazards associated with travel as well as other offered discounted benefits.
14.6. Assessed government or quasi-government fees and taxes are subject to change without notice at any time, and suppliers reserve the right to add a surcharge for these fees and taxes even if you have a confirmed booking under deposit or have made final payment.
14.7. All surcharges will be automatically charged to the relevant credit card or in the event of payment by check, the purchaser will be asked to immediately remit additional funds.
14.8. CFORTH will not be liable for any charge back filed if the subscriber gives their credit card information to another Subscriber. Charge backs could result in the loss of commissions for yourself and your upline.
15 Payment, Cancellation and Refund Policies
15.1. Interruption or cancellation requests for refunds for products specifically provided by CFORTH (DBO or DBO Pro) as a direct vendor shall be granted as follows.
Anyone who wishes to cancel their subscription up to 5 days after the period has started may do so. Any time after the 5-day period, the subscription will be active until the end of the period.
All requests for refunds for these specific products must be in writing to CFORTH (firstname.lastname@example.org) and mailed to 3750 Grove Park Dr, Tallahassee, FL 32311, USA.
15.2. Refund processing time is about two credit card billing cycles or approximately 8 weeks. For detailed information regarding the travel providers cancellation policies or terms and conditions, refer to the travel provider’s website.
15.3. Cancellation penalties are unique and determined by each supplier. Penalties may begin at time of booking and are based upon the supplier’s published rate before any adjustments. Certain exclusive promotions may follow a different penalty schedule than the supplier’s standard policy. All notice of cancellation must be received by CFORTH a minimum of 5 business days prior to supplier deadlines.
15.4. Non-refundable agency deposits are incorporated in all bookings made after January 1st, 2022.
15.5. Your credit card will be charged within 24 hours of your reservation.
15.6. DBO may terminate its agreement with CFORTH at any given time. Notice of cancellation must be received by CFORTH within a minimum of 5 business days prior to the end of a given month.
Termination of Customer-Subscription: A Subscriber/Customer may cancel their monthly subscription at any time by emailing email@example.com. “Notice of cancellation” by subscriber/customer to CFORTH must be received within a minimum of 5 business days prior to the close of any given pay period. Pay periods occur once a month between the 1st until the 28th of the following month (see Section 18).
16 International Residents
16.1. US Law & Venue: All contracts, agreements and sales of CFORTH products are provided to international residents pursuant to U.S. laws and regulations. Acceptance of contracts and sale of goods occurs at CFORTH Company Headquarters in Tallahassee, Florida unless a specific CFORTH office and legal entity is established in the international residents’ country, whereupon venue would change. In the event of establishment of an office and legal entity in a country other than the U.S., CFORTH will ensure compliance with all local laws and regulations as required.
16.2. International Enrollment/Participation: All international enrollments/participants, defined as those outside of the U.S. and its territories, are made via referral by DBO over the internet or by fax to the Corporate Headquarters. Applications for enrollment/participation will only be accepted if the country is officially open for business, as declared by CFORTH. An DBO must use true and accurate information related to identity and residence on applications. In lieu of a U.S. Social Security Number or Tax ID number, a valid ID (i.e., Tax ID Number, Passport Number, or Drivers’ License Number) will be required for identification for all international enrollments/participants, with the same address stated on the application. In addition, a completed and current US IRS W-8BEN form is required to be made available and on file, upon request, with CFORTH, in order to receive commission payments.
16.3. International Product Purchase and Shipments: All Customer-Subscribers and DBOs must be referred to CFORTH for direct purchase. Shipment and supply may come directly from CFORTH in the U.S. Quantity limits of physical products may be placed on purchases by CFORTH. Shipments of goods and other products shall be made directly to DBOs at their shipping address. Any customs duties, import taxes, or sales taxes (i.e., VAT, GST, etc.) will be the sole responsibility of the DBO or recipient, upon delivery.
16.4. International Currency: Whenever prices, commissions, or fees of any type are stated in CFORTH literature, forms or on any website, the currency stated is always in U.S. dollars, unless specifically stated otherwise with the official currency abbreviation following the value (for example: CDN for Canadian Dollar or € for EURO).
16.5. International DBO Benefits: DBO benefits may be slightly altered, from the U.S. and from country to country, dependent upon local requirements. Promotional and incentive contests/programs may provide a dollar value for the prize or program, rather than the actual prize itself. In addition, the dollar value for such a prize may be capped at a specific level for international residents.
16.6. International Restrictions: In addition to standard U.S. Policies, CFORTH may provide additional information for specific countries as to prohibitions and other guidelines related to product claims, advertising and other matters related to competitive company products. Please contact CFORTH for specifics for your country.
16.7. International DBOs MAY NOT display and/or sell the Company’s products at trade shows and professional expositions without contacting the CFORTH in writing for conditional approval (by email at firstname.lastname@example.org). In some circumstances, authorization may be granted to allow displays for the sole purpose of providing information to interested individuals. Referral of such parties shall be made directly to CFORTH Corporate Office or website. The Company reserves the right to refuse authorization to participate at any function which it does not deem suitable for the promotion of its products, services, or the Company’s opportunity.
16.8. International Income Taxes: International residents are responsible for reporting their income and paying their own income taxes in the country where they claim residence. It is required to make available, upon request, a current U.S. IRS W-8 BEN form with CFORTH, in order to receive commissions. With such a form on file, commissions will be paid without U.S. tax withholding.
16.9. International Commission Payments: CFORTH may elect to establish and/or increase a minimum amount of commissions earned in order to issue payment for international residents. Payment may be in the form of a U.S. dollar check, debit card, or electronic payment. Please consult your specific country’s information provided by CFORTH, for details.
16.10. International Acceptable Payment for Purchases: Acceptable payment from participants in each country may be different. However, in general, credit cards will be accepted for purchases, based on CFORTH global, merchant bank approvals. All purchases on credit cards processed in the U.S. shall be in U.S. currency unless specifically noted otherwise.
16.11. Exceptions to the Refund Policies: Previously paid Financial Distributions may be reversed, and future Financial Distributions may be adjusted as a result of product returns or inventory repurchases at the sole discretion of the Company. Any Commissions paid to the DBO and his or her up-line for the product returned by the DBO or subscriber/customer may be debited from the respective up-line DBO’s account or withheld from present or future commission payments. A DBO should not rely on existing downline volume at the close of a commission’s period, as returns may cause changes to his or her title, rank and/or commissions pay-out.
17 Miscellaneous Provisions
17.1. This Terms and Conditions Agreement must be agreed to before member becomes a VIP Customer, DBO or DBO Pro.
17.2. The Agreement constitutes the entire agreement between DBO and CFORTH, supersedes all prior agreements and no other promises, Representations, guarantees or agreements of any kind shall be valid unless in writing and signed by both parties.
17.3. DBO hereby represents and warrants to CFORTH that DBO’s execution and performance of the Agreement does not and will not violate the legal or contractual rights of any third party, DBO has the power and authority to execute, deliver and perform the Agreement and all information and materials submitted to Company are true and correct, including but not limited to DBO’s Social Security Number, Federal Employee Identification Number and/or valid government issued Identification Documents.
17.4. DBO further acknowledges and agrees that DBO is not guaranteed any income, profits or success by virtue of DBO’s position with Company, and DBO hereby certifies that no such Representations or warranties have been made to DBO.
18.1. Subscription Cancellations/Refunds – Subscriptions may be cancelled only upon proper notice via e-mail to email@example.com and requires a minimum 3-day notice. Cancellations shall then become effective immediately upon receipt. There shall be no refunds for the prior months of Subscription.
18.2. Termination of Customer-Subscription: A Subscriber/Customer may cancel their monthly subscription at any time by emailing firstname.lastname@example.org. “Notice of cancellation” by Subscriber/Customer to CFORTH must be received within a minimum of 5 business days prior to the close of any given pay-out date. Requests submitted after the pay period, shall be granted on a pro-rated basis and shall be granted minus payment of any commissions that have been paid out to the field including, but not limited to the enrollment fee. Before making such a decision be sure to review the Renewal Policy.
18.3. Delinquent and Inactive Accounts – DBO Subscriber accounts shall be due and payable on a monthly basis and must be paid in full to remain active. Accounts will be charged on the monthly anniversary date of enrollment. In the event that a card is declined, and a payment is not completed, at this point they shall be determined to be dormant and the DBO shall revert to VIP Customer Status and any DBO benefits shall be terminated immediately.
18.4. Maximum of three enrollments per credit card – Usage of any one specific credit card for purposes of enrolling either for Subscription or DBO shall be limited to no more than 3 (three) enrollments total.
18.5. Obligation to Provide Current and Accurate Information – It is the DBO/ Subscriber-Customer’s responsibility to ensure that all account information is accurate at all times. Failure to do so may result in any or all of the following to occur:
1) delayed payments;
2) additional fees or charges being incurred;
3) bank service charges being incurred;
4) suspension of benefits;
5) suspension of benefits and/or pay-outs;
6) termination from the company.
18.6. Business Subscribers – Subscribers who are businesses may have no more than 4 designated representatives from that particular business who may utilize the benefits. Each of these Subscribers must be provided to CFORTH in writing. Business Subscribers may amend this designation in writing with 15-day notice.