LADYBOSS HOLDINGS, LLC
“The Mission of LadyBoss is to help women lose weight and love themselves again. We will help women gain back their confidence, improve the overall quality of their life, and change the health of their entire family tree. We will do this by providing the best information, products, and services possible in the three pillars of fitness, nutrition, and accountability. We will know we are successful each time we create a complete physical and mental transformation in one of our customers.”
We believe our Mission Statement to our very core, and we know that you do too. By surrounding yourself with like-minded people you will truly change your life and the lives of others. Welcome to a new chapter in your life!
The following Policies & Procedures (often referred to as the P&P) give you the roadmap to build your LadyBoss business and keep it on the right track.
MUTUAL COMMITMENT STATEMENT
LADYBOSS HOLDINGS, LLC (hereinafter referred to as (“LadyBoss” or “Company”) strives to develop a long-term and mutually rewarding relationship with its Champions and Customers. In the spirit of mutual respect and understanding, LadyBoss is committed to:
Providing prompt, professional, and courteous service to its Champions and Customers;
Providing the highest level of quality products, at fair and reasonable prices;
Exchanging or refunding the purchase price of any product, service, or membership as provided in LadyBoss’s return policies contained herein;
Delivering orders promptly and accurately;
Paying commissions accurately and on a timely basis;
Expediting orders if an error or unreasonable delay occurs;
Maintaining a mutually beneficial Compensation Plan;
Implementing changes to the Compensation Plan or this Statement of Policies and Procedures (the “Policies and Procedures”) with input from Champions and/or Customers (Note: such changes will be effective thirty (30) days after the date any such changes are published by LadyBoss)
Supporting, protecting, and defending the integrity of the LadyBoss Business Opportunity;
In return, LadyBoss expects that its Champions will:
Conduct themselves in a professional, honest, and considerate manner;
Present LadyBoss Corporate and LadyBoss product information in an accurate and professional manner;
Present the Compensation Plan and return and exchange policies in a complete and accurate manner;
Not make exaggerated income or product claims;
Make reasonable effort(s) to support and train other Champions and Customers in their Tribe;
Not engage in cross-line recruiting, unhealthy competition, or unethical business practices;
Provide positive guidance and training to LadyBoss Champions and Customers in their Tribe while exercising caution to avoid interference with other Tribes. As such, a Champion is discouraged from providing cross-line training to other Champions or Customers in a different Organization without first obtaining the consent of the Champion’s or Customer’s upline leader;
Support, protect, and defend the integrity of the LadyBoss business opportunity.
CODE OF ETHICS
- LadyBoss desires to provide its Independent Champions with the best products and Compensation Plan in the industry. Accordingly, LadyBoss values constructive criticism and encourages the submission of written comments addressed to the LadyBoss Compliance Department.
- Champion’s negative and disparaging comments about LadyBoss, its products, these Policies, or Compensation Plan, made to LadyBoss, or to the field or at any LadyBoss meeting and/or event, or disruptive behavior at any meeting and/or event, serve no purpose other than to dampen the enthusiasm of other Champions and Customers. LadyBoss Champions must not belittle LadyBoss, fellow LadyBoss Champions, LadyBoss products or services, the Compensation Plan, or any and all LadyBoss directors, officers, employees, product suppliers, or agents. Such conduct represents a material breach of these Policies and Procedures and may result in suspension or termination of the offending Champion Account.
- LadyBoss endorses the following code of ethics:
- A LadyBoss Champion must show fairness, tolerance, and respect to all people associated with LadyBoss, regardless of race, gender, social class, or religion, thereby fostering a “positive atmosphere” of teamwork, good morale, and community spirit.
- A Champion shall strive to resolve business issues, including conflicts or disagreements with Upline and/or Tribe Organization Champion with tact, sensitivity, and goodwill, and taking care not to create additional conflict.
- LadyBoss Champions must be honest, responsible, professional, and conduct themselves with integrity.
- LadyBoss Champion shall not make disparaging statements about LadyBoss, other Champions, LadyBoss employees, product suppliers or agents, products, services, sales, and marketing campaigns, or the Compensation Plan.
- LadyBoss Champions shall not make statements that unreasonably offend, mislead, or coerce others.
- LadyBoss may take appropriate action against a Champion if it determines, in its sole discretion, that a Champion’s conduct is detrimental, disruptive, or injurious to LadyBoss or other Champions.
THE CHAMPION AGREEMENT
- Throughout these Policies & Procedures, when the term “Agreement” is used, it collectively refers to the most current version of the following along with any addendums or exhibits thereto: (i) LadyBoss Policies and Procedures; and (ii) LadyBoss Compensation Plan.
- It is the responsibility of the Sponsoring Champion to provide the most current version of these Policies and Procedures (available on the LadyBoss website), the Income Disclosure Statement, the Compensation Plan, and any and all social media guidelines or any other guidelines which may be implemented from time to time and any amendments thereto to their Tribe Champion. The Income Disclosure Statement is attached as Addendum 2 and is incorporated by reference for all purposes.
Amendments to the Champion Agreement
- Because federal, state, and local laws, as well as the business environment, periodically change, LadyBoss reserves the right to amend the Agreement as set forth on its website in its sole and absolute discretion. Notification of amendments shall appear in official LadyBoss materials, LadyBoss website, social media outlets, and/or Champion’s back office.
- Any such amendment, change, or modification shall be effective thirty (30) days following notice by one of the following methods:
- Posting on the official LadyBoss website;
- Electronic mail (e-mail); or
- Any LadyBoss communication channels or social media outlets (i.e., Facebook, Instagram, Twitter, and/or LadyBoss App).
Becoming a LadyBoss Champion
- To become a Champion, an applicant must:
- Be of the age of majority (not a minor) in his or her state of residence;
- Reside or have a valid address in the United States or U.S. territory in which LadyBoss is licensed to operate.
- Have a valid taxpayer identification number (i.e., Social Security Number, Federal Tax ID Number (EIN);
- Enter a verified mobile phone number, which is not in use or associated with any other LadyBoss accounts, which will be verified through a verification code sent to the applicant’s mobile phone number.
- Acknowledge and agree to all communications sent by LadyBoss, (including but not limited to emails, texts, broadcasts, letters, etc.) with the choice to “opt-out” of these communications.
New Champion Enrollment
- A potential new Champion may self-enroll on any Champion/Sponsor’s website, subject to acceptance by LadyBoss of the applicant’s online enrollment confirming the applicant has agreed to all terms and conditions of the Champion Agreement.
- Electronically submitted and/or signed documents, including, but not limited to, online submissions, automated credit card processing authorization documents, and the Champion Agreement are legally binding contracts that must not be altered, tampered with, or changed in any manner after they have been signed and/or submitted. False or misleading information, forged signatures, or alterations to any document, including business registration forms, may lead to sanctions, up to and including the involuntary termination of the offending Champion’s Account.
- An applicant enrolling with LadyBoss must identify a Champion in the online enrollment process. If the applicant later enrolls and identifies a different Champion
- LadyBoss will not accept the later enrollment. LadyBoss reserves the right, at its sole discretion, to make the final decision with respect to any disputes regarding Champion enrollments and Sponsors
LADYBOSS CHAMPION RESPONSIBILITIES
- It is the responsibility of the Champion or Customer to make sure LadyBoss has the correct shipping address before any orders are shipped.
- A Champion and/or Customer will need to allow up to seventy-two (72) hours for processing after the notice of address change has been received by LadyBoss Support Team.
Training and Leadership
- Sponsoring Champions should have ongoing contact and communication with the Champions in their Tribe Organizations. Examples of communication may include but are not limited to, newsletters, written correspondence, personal telephone calls, team conference calls, voicemail, e-mail, personal meetings, training sessions, events, workshops, and any other related functions.
- A Sponsoring LadyBoss Champion should monitor the Champion in his or her TribeOrganizations to ensure that Tribe Champions do not make improper product or business claims or engage in any illegal or inappropriate conduct. Upon request, a Sponsoring Champion must provide documented evidence to LadyBoss of his or her ongoing fulfillment of the responsibilities set forth in this Section 3.2.
- Up-line Champions are encouraged to educate and train new Champions about LadyBoss’s products and services, effective sales techniques, the Compensation Plan, along with compliance with these Policies and Procedures, and any and all social media guidelines or any other guidelines issued by LadyBoss. Marketing product is a required activity in LadyBoss and must be emphasized in all Recruiting presentations.
- Use of Sales Aids. To promote LadyBoss products and the LadyBoss business opportunity, Champions are encouraged to use the sales aids and support materials produced or expressly authorized by LadyBoss. Champions may use and publish marketing materials they design only after such materials have been approved by LadyBoss. A Champion’s unauthorized use of sales aids or promotional materials, including but not limited to Internet advertising, and social media marketing on Facebook, Instagram, and like, is a violation of these Policies and Procedures. Additionally, publishing marketing materials that violate any number of statutes or regulatory laws governing how LadyBoss’s products or business opportunity may be marketed is a violation of these Policies and Procedures and may result in immediate termination of the publisher’s LadyBoss Account. Any such violations could jeopardize the LadyBoss’s opportunity for all Champions. Accordingly, Champions must submit via email all sales aids, promotional materials, advertisements, websites, training material, flyers, along with any other literature to LadyBoss’s Compliance Department for approval prior to use at firstname.lastname@example.org. Unless the Champion receives specific written approval to use the material(s), the request shall be deemed denied. All Champions shall safeguard and promote the good reputation of LadyBoss and its products. The marketing and promotion of LadyBoss, the LadyBoss opportunity, the Compensation Plan, and LadyBoss products and services shall be consistent with the public interest and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices.
- Champions shall not train workout groups using LadyBoss workout content without express written permission from LadyBoss.
- The Sponsor is the person who introduces a Champion or Customer to LadyBoss, helps them complete their enrollment, and supports and trains those in their Tribe.
- LadyBoss recognizes the Sponsor as the name shown on an applicant’s first enrollment submission to LadyBoss.
- An applicant may not enroll with LadyBoss as a Champion without personally accepting and agreeing to the terms and conditions of the LadyBoss Agreement.
- LadyBoss recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but LadyBoss will not allow Champions to engage in unethical sponsoring activities.
- All active Champions in good standing have the right to Sponsor and enroll others into LadyBoss. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Champion will approach the same prospect. In this scenario, the new prospect should be Sponsored by the first Champion who presented a comprehensive introduction to LadyBoss products or business opportunity.
- In the event of a dispute regarding Sponsorship, LadyBoss reserves the right to designate a prospect’s Sponsor and all such determinations are final.
- Unethical sponsoring activities include, but are not limited to, enticing, bidding, or engaging in unhealthy competition by attempting to acquire a prospect or new Champion away from a fellow Champion or influencing another Champion to transfer to a different Sponsor.
- Allegations of unethical sponsoring must be reported in writing to the LadyBoss Compliance Department within the first 30 days of the new Champion enrollment in question. If the reports are substantiated, LadyBoss may transfer the Champion or the Champion’s Tribe to another Sponsor or Organization without approval from the current up-line Sponsor. LadyBoss remains the final authority in such cases.
- LadyBoss prohibits the unauthorized manipulation of the LadyBoss Compensation Plan and/or marketing plan to trigger commissions or cause the promotion of a Tribe Champion in an unearned manner (hereinafter, “Stacking.”). For example, Stacking occurs when a Sponsor places Champion(s) under an inactive Tribe member without the Champion’s knowledge in order to trigger unearned qualification for commissioning purposes. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense that may result in immediate termination of Accounts of all Champions, individuals, and/or entities found to be involved.
- Any Champion who solicits or entices members of another direct sales company to sell or distribute LadyBoss products and services bears the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a Champion alleging that they engaged in inappropriate Recruiting of another company’s sales force or customers, LadyBoss will not pay any of the Champion’s defense costs or legal fees, nor will LadyBoss indemnify the Champion for any judgment, award, or settlement.
Cross Sponsoring Prohibition
- “Cross sponsoring” is defined as the enrollment into a different Line of Sponsorship of an individual, or Business Entity, that was already previously enrolled as a Champion. Actual or attempted Cross Sponsoring is strictly prohibited and may result in termination of the offending Champion’s Account.
- Enrollment through the use of a Spouse or relative’s name, trade name, assumed name, Business Entity, or fictitious identification of any kind to evade or circumvent this Cross Sponsoring Policy is strictly prohibited.
- This Policy does not prohibit the transfer of a LadyBoss Account and business in accordance with the Transfer of Sale or Transfer Policy set forth in these Policies.
Solicitation for Other Companies or Products
- A LadyBoss Champion and/or Customer may participate in other direct sales, multilevel, network marketing, or relationship marketing businesses or marketing opportunities, as long as it is not a Competing Product as defined herein. However, during the Term of this Agreement and for six (6) months thereafter, a LadyBoss Champion may not recruit any fellow LadyBoss Champion or Customer for any other direct sales or network marketing business, unless that fellow Champion or Customer was personally sponsored by such Champion.
- The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Champion, or Customer to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Champion’s actions are in response to an inquiry made by another Champion or Customer.
- During the term of this Agreement, any LadyBoss Champion must not sell or entice others to sell, any competing products or services, including training materials, to LadyBoss Customers or Champions. Subject to the definition of Competing Products in the Glossary below, any product or service in the same category as a LadyBoss product or service is deemed to be competing regardless of differences in cost or quality.
- A Champion may sell non-competing products or services to the LadyBoss Customers and Champions that they personally sponsored.
- A Champion may not display or bundle LadyBoss products or services, in sales literature, on a website, or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Champion into believing there is a relationship between the LadyBoss and non-LadyBoss products and services.
- A LadyBoss Champion may not offer any non-LadyBoss opportunity, products, or services at any LadyBoss-related meeting, live or virtual, event, seminar, or convention that other LadyBoss Champions or Customers are known to be attending, or immediately following a LadyBoss event.
- A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between LadyBoss and its Champions and would inflict irreparable harm on LadyBoss. In such event, LadyBoss may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Champion or such Champion’s positions including termination, or seek immediate injunctive relief without the necessity of posting a bond in addition to any other legal remedies to which LadyBoss may be entitled.
AGREEMENTS & GENERAL UNDERSTANDINGS
- LadyBoss hereby grants to the Champion a non-exclusive right, based upon the terms and conditions contained in the Agreement to:
- Purchase LadyBoss products and services;
- Promote and sell LadyBoss products and services; and
- Sponsor new Champions and Customers in countries where LadyBoss is currently authorized to do business or becomes authorized to do business in the future.
- No feature of the Compensation Plan constitutes a personal purchase requirement to become a Champion, move up in rank, or otherwise fully participate in the Compensation Plan. No product purchase is required of anyone at any time to fully participate as a Champion.
LadyBoss Account Renewals and Termination of the Champion’s LadyBoss Account Due to Nonpayment of the Annual Membership Renewal Fee.
- A Champion must pay a membership fee upon enrolling with LadyBoss and a membership renewal fee on an annual basis thereafter. If a Champion fails to pay the annual membership renewal fee within sixty (60) days of when it is due, the Champion’s Account will be terminated and the Champion will lose any and all rights to the Account Tribe Organization, and any commissions and/or bonuses associated therewith. The Champion shall not be eligible to re-enroll with LadyBoss as a Champion for six (6) months following termination of the Account. Upon termination of the Account, the Tribe Organization will roll up to the immediate, active Upline Champion.
- If a Champion pays the membership renewal fee after it is due but within the sixty (60) day grace period set forth in Section 4.2(a) above, the Champion will resume the rank and positions held immediately prior to the membership renewal fee due date. However, such Champion’s paid as level will not be restored unless that Champion qualifies at that level in the new month. The Champion is not eligible to receive commissions or bonuses for any part of the sixty (60) day grace period that the annual membership renewal fee is unpaid.
Effect of Termination
- Following voluntary or involuntary termination of a Champion’s LadyBoss Account (collectively, “termination”) such Champion:
- Shall have no right, title, claim, or interest to any commission or bonus, including LadyBoss Bucks, from the sales generated by the Champion’s former Organization or any other payments in association with the Champion’s terminated Account;
- Effectively waives any and all claims to property rights or any interest in or to the Champion’s former Tribe Organization; and
- Shall receive commissions and bonuses only for the last full pay period in which the Champion was active prior to termination, less any amounts withheld during an investigation preceding an involuntary termination, less LadyBoss Bucks, and less any other amounts owed to LadyBoss.
Modifying a Champion’s LadyBoss Account
- a)A Champion may modify his or her existing LadyBoss Account to add a Spouse or partner to the Champion’s Account or change the form of ownership from an individual to a Business Entity by submitting a written request to LadyBoss’s Support Department to make such modification.
Unauthorized Transfer & Re-Enrollment
- a)In the event a Champion discovers that a Champion in their Tribe has re-enrolled under a different Champion, the Champion has thirty (30) days from the date the Tribe Champion enrolled under a new Champion to notify the LadyBoss Compliance department and request the Tribe Champion be transferred back to his/her Tribe. Upon the expiration of the thirty (30) day notice period, the right to re-claim a new Champion to his or her Tribe will be waived.
Change of Sponsors for Champion
- Sponsor changes/corrections may be requested within a period of 72 hours from the time of enrollment. Such adjustments require written permission directed to the Support Department submitted from the personal back office of the Sponsor as well as the Champion to be moved and in some cases the Upline Champion.
- Sponsor changes are generally not permitted. However, sponsor corrections can be made if they are reported to the Support Department within seventy-two (72) hours from the time of enrollment. Sponsor corrections must be requested from the Champion’s back office of the current (original) Sponsor, stating the reason that the correction needs to be made.
- At the discretion of LadyBoss, Champions who have not ordered products or services for at least twelve (12) months, and whose Account has not been terminated, are eligible to re-enroll in LadyBoss under the Sponsor of their choice.
- When a former Champion re-enrolls with LadyBoss, LadyBoss will “compress” (close) the Champion’s original Account, and a new LadyBoss User ID number will be issued to the Champion. In this scenario, a Champion does not retain former rank, Tribe Organization, or rights to commissions from the Champion’s former LadyBoss business or Account.
- LadyBoss reserves the right to correct Sponsor errors at any time and in whatever manner it deems necessary in its sole discretion.
- If a Champion wishes to change Organizations within LadyBoss, he or she must submit a notice of voluntary termination to the LadyBoss Customer Support Department in accordance with Section 4.8 (below) and remain inactive (place no orders or be on Subscribe & Save) with or in LadyBoss for six (6) months from the receipt of the notice before being eligible to re-enroll under a different Champion.
- LadyBoss retains the right to approve or deny any request to re-enroll after a Champion’s termination. Champions within the same Tribe Organization simultaneously submitting notices of voluntary termination to transfer Organization in accordance with Section 4.7(a) will be deemed an abuse of these Policies.
- If re-enrollment is approved, the former Champion will be issued a new LadyBoss User ID after accepting and agreeing to the terms of the Champion Agreement in effect at that time. The re-enrolled Champion will not be entitled to keep any former rank, Tribe, or rights to commissions associated with the Champion’s prior LadyBoss User ID/Account.
- When you personally enroll a Champion, they are automatically placed in your Champion Lounge for up to sixty (60) days.
- The Champion has up to sixty (60) days to place the new Champion into an open position in their placement tree. Upon the expiration of the sixty (60) days this option expires indefinitely. Once the Champion in your Champion Lounge has been placed, they cannot be moved again.
- A Champion may immediately terminate his or her Account and LadyBoss business associated therewith by submitting a written notice via email to the LadyBoss Support Department at email@example.com. The written notice must include the following:
- Statement of the Champion’s intent to terminate the Account;
- Date of termination;
- Champion’s LadyBoss User ID;
- Reason(s) for terminating the Account, and
- Champion’s signature.
- b)A Champion may not use voluntary termination as a way to immediately change Sponsors. A Champion who has voluntarily terminated an Account is not eligible to re-enroll with LadyBoss or have any financial interest in a or any LadyBoss business for six (6) months from the receipt of the written notice of termination. A terminated Champion who promotes LadyBoss products or services during the six (6) month waiting period by using another Champion’s or Customer’s referral code is in violation of the provision and shall not be permitted to re-enroll until six (6) months following any such offending conduct has ceased.
- LadyBoss reserves the right to terminate a Champion’s position for, but not limited to, the following reasons:
- Violation of any provision of the Champion Agreement;
- Violation of any applicable law, ordinance, or regulation related to the Champion’s LadyBoss business;
- Engaging in unethical business practices or violating standards of fair dealing; or
- Returning over $500 worth of LadyBoss products, services, and/or sales tools for a refund within a twelve (12) month period.
- LadyBoss will notify the Champion in writing via email, certified mail, return receipt requested, or overnight documented mail, at the Champion’s last known address of LadyBoss’s intent to terminate the Champion’s position and the reasons for termination. The involuntary termination will be effective as of the date of written notice.
- The former Champion shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any LadyBoss products or services. LadyBoss will notify the active Upline Champion within ten (10) days after termination. The Organization of the terminated Champion will “roll up” to the active Upline Champion on record.
- The Champion who is involuntarily terminated by LadyBoss may not re-enroll as a Champion, either under his or her present name or any other name or Business Entity, without the express written consent of an officer of LadyBoss, following a review by the LadyBoss Compliance Committee. If such consent is granted, the Champion may not re-enroll as a Champion for twelve (12) months following the date of termination.
- A corporation, partnership, limited liability company, or trust (collectively, a “Business Entity”) may apply to be a LadyBoss Champion.
- A LadyBoss Champion may change their status under the same Sponsor from an individual to a Business Entity in accordance with Section 4.4 of these Policies.
Indemnification for Actions
- a)A Champion is fully responsible for all of his or her verbal and written communications made regarding LadyBoss products, services, and the Compensation Plan that are not expressly contained within official LadyBoss materials. Champions shall indemnify and hold harmless LadyBoss, its directors, officers, employees, product suppliers, and agents from any and against all liability including judgments, civil penalties, refunds, lawyer fees, and court costs incurred by LadyBoss as a result of the Champion’s unauthorized representations or actions. This provision shall survive the termination of the LadyBoss Champion Agreement and a LadyBoss Account.
- a)LadyBoss encourages Champions to obtain insurance coverage for their LadyBoss business. A homeowner’s insurance policy does not cover business-related injuries, or the theft of, or damage to, inventory or business equipment. Champions should contact their insurance agent to make certain their business property is protected. In many instances, this may be accomplished with a “Business Pursuit” endorsement to an existing homeowner’s policy.
Reporting Policy Violation
- A Champion who observes a violation of these Policies and Procedures by another Champion or Customer should submit any such violation(s) to the LadyBoss Compliance Department via email firstname.lastname@example.org. The email should include:
- The nature of the violation(s):
- Specific facts to support the allegations;
- Number of occurrences;
- Persons involved; and
- Supporting documentation.
- The Compliance Department will investigate the reported violations(s) and LadyBoss will take appropriate action if warranted.
Adherence to the LadyBoss Compensation Plan
- A Champion must adhere to the terms of the LadyBoss Compensation Plan.
- A Champion shall not offer the LadyBoss opportunity through or in combination with, any other system, program, or method of marketing other than that specifically set forth in Official LadyBoss Literature.
- A Champion shall not require or encourage a current or prospective Champion to participate in LadyBoss in any manner that varies from the Compensation Plan as set forth in official LadyBoss literature.
- A Champion shall not require or encourage a current or prospective Champion to make a purchase from or payment to any individual or other entity as a condition of participating in the LadyBoss Compensation Plan.
Adherence to Laws and Ordinances
- Many cities, counties, and townships have laws regulating certain home-based businesses. Champions and Customers shall comply with all federal, state, and local laws, ordinances, and regulations in conducting his or her LadyBoss business.
- A Champion understands and agrees that he/she/it is solely responsible for any and all fines and liabilities incurred as a result of the Champion’s or Customer’s violation(s) of applicable laws, regulations, and/or ordinances.
Compliance with Applicable Income Tax Laws
- A Champion accepts sole responsibility for and agrees to pay all federal, state, provincial, and local taxes on any income generated as a Champion, and further agrees to indemnify LadyBoss from any failure to pay such taxes when due. LadyBoss encourages Champions to consult with his/her/its tax advisor(s) to ensure they are compliant with all applicable laws and understand the tax consequences of a LadyBoss business
- If a Champion’s business is tax-exempt, the Federal Tax-ID (EIN) must be provided to LadyBoss in writing along with any additional documentation requested reflecting such status.
- LadyBoss is required to charge and remit sales tax to the various states or provinces based on the retail price, including receipt of trips, prizes, or awards in the amount of $600.00 or more.
One LadyBoss Business Per Champion
- a)A Champion may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) LadyBoss Account. No individual (together with their spouse) may have, operate or receive compensation from more than one LadyBoss Account and business associate therewith. Individuals of the same Family Unit, excluding spouses, may each enter into or have an interest in their own separate LadyBoss Account, only if each subsequent family position is placed frontline to the first family member enrolled. Each position must build their position separate and independent of the other or the position will be deemed to be stacking.
Actions of Household Members or Affiliated Parties
- a)If any member of a Champion’s immediate household engages in any activity which, if performed by the Champion, would violate any provision of the Champion Agreement, such activity will be deemed a violation by the Champion, and LadyBoss may take disciplinary action pursuant to these Policies and Procedures against the Champion. Likewise, if a Champion is a Business Entity, any owner, member, officer, and/or Champion of that Business Entity shall be personally and individually bound to and must comply with, the Champion Agreement.
Identification Numbers and Pay-Out
- Each Champion is required to provide a Social Security Number or Federal Tax ID if located in the United States or any of its territories to LadyBoss at the time Champion initiates a transfer of funds or earnings accumulated in the Champion's Wallet. The transferring and disbursement of commission payments or bonuses acquired is known as a “Pay-Out” and LadyBoss reserves the right to withhold Pay-Out from any Champion who fails to provide a valid Social Security Number or Federal Tax-ID (EIN) or who provides false information.
- Upon enrollment, LadyBoss will provide a LadyBoss User ID to the Champion. This number will be used to place orders, structure Organizations, and track commissions and bonuses.
Sell, Assign, or Delegate Ownership
- In order to preserve the integrity of the hierarchical structure, it is necessary for LadyBoss to place restrictions on the transfer, assignment, or sale of a Champion’s LadyBoss Account and business associated therewith.
- A Champion may not sell, assign, or transfer his or her rights or delegate his or her Account as a Champion without LadyBoss’s prior written approval, which will not be unreasonably withheld. All parties involved in any transaction described in Section 6.8 must be in good standing with LadyBoss to be eligible for any proposed sale, assignment, or transfer. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of LadyBoss.
- Any approved buyer/assignee/transferee shall assume the position of the Champion at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Champion’s Tribe Organization.
- To the sale, transfer, or assignment of a LadyBoss position, a Champion must request a “Sale/Transfer of Position Form” from LadyBoss’s Support Department and submit the following items to LadyBoss’s Compliance Department:
- a fully executed, dated, and properly completed LadyBoss Sale/Transfer of Position Form;
- a fully executed, dated, and notarized agreement between the Champion and the proposed buyer/transferee/assignee; and
- any additional supporting documentation requested by LadyBoss.
- Any debt obligations that any party involved in the proposed transaction may have with LadyBoss must be satisfied in full prior to the approval of the sale, transfer, or assignment.
- A Champion who sells, transfers, or assigns his/her/ LadyBoss’s position is not eligible to re-enroll as a LadyBoss Champion in any organization for six (6) full calendar months following the date of the sale, transfer, or assignment except as otherwise expressly permitted by these Policies and Procedures.
Separating a LadyBoss Business
- Pending a divorce or dissolution of a Business Entity, the parties must adopt one of the following methods of operation:
- One of the parties may, with the written consent of the other(s), operate the LadyBoss business whereby the relinquishing Spouse, shareholder, partner, member, or trustee (“Relinquishing Party”) authorizes LadyBoss to deal directly and solely with the non-Relinquishing Party.
- The parties may continue to operate the LadyBoss business jointly on a “business as usual” basis. All compensation paid by LadyBoss will be paid into the Individual(s) or Business Entity named as the Champion on the Account and the Champion shall indemnify LadyBoss from any and all claims of any other party with respect to the LadyBoss business and Account and any payment(s) made in connection therewith.
- LadyBoss recognizes only one Tribe Organization and will issue only one commission payment transfer per LadyBoss Account per commission cycle. Under no circumstances will the Tribe of an Organization be divided, nor will LadyBoss split commissions and/or bonuses.
- If a Relinquishing Party, has completely relinquished, in writing, all rights to the original LadyBoss business and Account, the Relinquishing Party may immediately thereafter re-enroll under the Champion of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Champion or active Customer in the former Organization, and must develop a new business in the same manner as any other new LadyBoss Champion. A Champion in the Relinquishing Party’s former Tribe who wishes to transfer to the Relinquishing Party’s new Organization or to any other Organization must comply with the requirements in Section 4.0.
- The Champion Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
- Upon the death or incapacity of a Champion, the Champion’s business may be passed on to his or her legal successors in interest (“Successor”). Whenever a LadyBoss business is transferred by a will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Champion’s Sales Organization. The Successor must:
- Accept and agree to all the terms of the Champion Agreement;
- Comply with the terms and provisions of the Champion Agreement; and
- Meet all of the qualifications for the last rank achieved by the former Champion.
- Any bonus and commissions transferred pursuant to this section will be paid in a single transfer to the successor, except for LadyBoss Bucks which hold no cash value. The successor must provide LadyBoss with an “address of record” to which all bonus and commission Pay-Out will be sent. Payments will be based on the current performance of the position, not the highest rank or volume achieved.
- If the business is bequeathed to joint devisees, they must form a Business Entity and acquire a Federal Tax ID (EIN). LadyBoss will issue all bonus and commission payments to the managing Business Entity only.
- Appropriate legal documentation must be submitted to LadyBoss Compliance Department to ensure the transfer is done properly. To affect a testamentary transfer of a LadyBoss business, the Successor must provide the following to LadyBoss Compliance Department:
- A certified copy of the death certificate; and
- A notarized copy of the will or other appropriate legal documentation establishing the successor's right to the LadyBoss business.
- To complete a transfer of the LadyBoss business because of incapacity, the Successor must provide the following to the LadyBoss Compliance Department:
- A notarized copy of an appointment as trustee;
- A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the LadyBoss business; and
- A Champion Agreement accepted and agreed to by the trustee in writing.
- If the Successor is already an existing Champion, LadyBoss will allow such Champions to keep his or her own position plus the inherited position active for up to six (6) months. By the end of the six (6) month period, the Champion must have compressed (if applicable), sold, or otherwise transferred either the existing position or the inherited position.
- If the Successor wishes to terminate the LadyBoss position, he or she must submit a notarized statement stating the desire to terminate the position, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.
- Upon written request, LadyBoss may grant a one (1) month bereavement waiver and payout at the last “paid as” rank.
Imposition of Disciplinary Action - Purpose
- It is the spirit of LadyBoss that integrity and fairness should pervade among its Champions, thereby providing everyone with an equal opportunity to build a successful business. Therefore, LadyBoss reserves the right to impose disciplinary sanctions at any time, when it has been determined that a Champion has violated the Champion Agreement, as may be amended from time to time by LadyBoss in accordance herewith.
Consequences and Remedies of Breach
- Disciplinary actions may include one or more of the following:
- Monitoring a Champion’s conduct over a specified period of time to assure compliance;
- Alerting the Champion’s Upline so that the Upline may further educate Champion and/or take proactive action to protect the LadyBoss community from cross-Recruiting, disparagement, etc.;
- Issuance of a written warning or requiring the Champion to take immediate corrective action;
- Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until LadyBoss receives adequate additional assurances from the Champion to ensure future compliance;
- Suspension from participation in LadyBoss or Champion events, rewards, or recognition;
- Suspension of the Champion’s Account and position for one or more pay periods;
- Involuntary termination of the Champion's Account and position;
- Any other measure which LadyBoss deems feasible and appropriate to justly resolve injuries caused by the Champion’s violation(s); or
- Legal proceedings for monetary or equitable relief.
- First Violation: Counseling and initial warning letter. A first violation usually occurs because the Champion is not familiar with the Policies and Procedures or the law. Counseling and the initial warning provide an opportunity for Compliance to bring to the attention of the Champion the Policies and Procedures and the specific violation, and to provide counseling on complying with the Policies and Procedures and applicable laws. The Compliance Department will also describe expectations and steps the Champion must take to resolve the violation including, but not limited to, either removing or revising the non-compliant claim or how to remedy other policy violations. Within three (3) days of this notice, Compliance will determine if the non-compliant material or other policy violation has been remediated. If so, Compliance will close the file. If not, Compliance will proceed to the 2nd Violation notice described below.
- Second Violation: Second warning letter and temporary suspension. Although it is hoped that the Champion will promptly correct the violation(s), LadyBoss recognizes that this may not always occur. The second written warning indicates the seriousness of repeated violations and will prompt a suspension of the Champion’s account. During the suspension period, the Champion waives any and all rights to Pay-Out of any bonuses or commissions and must submit a signed reinstatement letter wherein the Champion acknowledges the violation(s) and describes the steps taken to correct the violation(s). Once the reinstatement letter is accepted by LadyBoss, the suspension will be lifted, and the Champion will be able to request a Pay-Out. The Champion may be subject to additional discipline up to and including termination if the violation is not cured or further violation(s) occur.
- Third Violation: Suspension and final written warning. Repeated violation(s) of the Policies and Procedures is very problematic and potentially harmful. Therefore, the most effective and prudent action is the suspension of the Champion and forfeiture of commissions and bonuses associated with the offending Champion’s Account. The final written warning letter will include notification of such suspension, action needed to cure the violations(s), and an indication that if the Champion violates the Policies and Procedures again, the Champion will be terminated immediately.
- Fourth Violation: Termination. As described above, LadyBoss will try to exercise the progressive nature of the Discipline Policy by first providing warnings, a final written warning, and suspension and commissions forfeiture before proceeding to termination of the Champion’s Account. LadyBoss will notify the Champion in writing if/when the Account is terminated.
- LadyBoss reserves the right to combine and omit steps depending on the circumstances of each situation and the nature of the violation. Furthermore, the Champion may be terminated without prior notice or disciplinary action, as authorized by the Policies and Procedures.
Grievances Against Another Champion
- If a LadyBoss Champion has a grievance or complaint against another Champion regarding any practice or conduct relating to their respective LadyBoss businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the LadyBoss Compliance Department as outlined below in this Section.
- The LadyBoss Compliance Department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Champions involved.
- LadyBoss will confine its involvement to disputes regarding LadyBoss business matters only. LadyBoss will not decide issues that involve personality conflicts or unprofessional conduct by or between Champions outside the context of a LadyBoss business. These issues go beyond the scope of LadyBoss and may not be used to justify a Sponsor change or a transfer to another LadyBoss Organization.
- LadyBoss does not consider, enforce, or mediate third-party agreements between Champions, nor does it provide names, funding, or advice for obtaining outside legal counsel.
- Process for Grievances:
- The Champion should submit a letter of complaint via email directly to the LadyBoss Compliance Department email@example.com. The letter shall set forth the details of the incident as follows:
- The nature of the violation;
- Specific facts to support the allegations;
- Number of occurrences;
- Persons involved; and
- Supporting documentation.
- Upon receipt of the written complaint, LadyBoss will conduct an investigation according to the following procedures:
- The Compliance Department will send an acknowledgment of receipt to the complaining Champion;
- The Compliance Department will provide a verbal or written notice of the allegation to the Champion under investigation. If written notice is sent to the Champion, he or she will have 10 business days from the date of the notification letter to present all information relating to the incident for review by LadyBoss.
- The LadyBoss Compliance Department will thoroughly investigate the complaint, and consider all the submitted information it deems relevant, including information from collateral sources. Due to the unique nature of each situation, determinations of the appropriate remedy will be on a case-by-case basis, and the length of time to reach a resolution will vary.
- During the course of the investigation, the Compliance Department will only provide periodic updates simply stating that the investigation is ongoing. No other information will be released during this time. Champion calls, letters, and requests for “progress reports” during the course of the investigation will not be answered or returned.
- LadyBoss will make a final decision and timely notify the LadyBoss Champion involved.
Mediation Disputes Between a Champion and LadyBoss
- Champion and LadyBoss (collectively “the Parties”) recognize disputes and differences may arise between the Parties and therefore agree it is in their best interest to appoint an impartial mediator to resolve such disputes as they arise. Mediation of a dispute may allow the parties to avoid the cost and inconvenience of litigation in court.
- The Parties should exchange all documents pertinent to the relief requested. The mediator may request the exchange of memoranda and other information; items that a party wishes to keep confidential may be sent to the mediator in a separate communication.
- The mediator shall not be a legal representative of any party.
- Unless otherwise agreed to by the Parties, the mediation shall take place in Collin County, Texas, on a date that is mutually agreeable among the Parties and the mediator. Participation in the mediation by telephone will be permitted to prevent inconvenience to a party.
- The mediator shall allow the Parties to be represented by their respective advocates, who have the authority to consummate a settlement. Any party may participate without representation (pro se).
- Mediation sessions and related mediation communications are private proceedings. For this reason, only the Parties and their legal representatives may attend mediation sessions. Other persons may attend only with the permission of the Parties and with the consent of the mediator.
- Each Party will pay its own costs and expense of the mediation unless the Parties agree otherwise.
- The Parties agree that all mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived or precluded by both Parties or unless the evidence would otherwise be admissible or subject to discovery if it were not by reason of its disclosure or use in mediation.
- Jurisdiction and venue of any controversy or claim brought under this mediation provision shall be in Collin County, Texas. The Parties further agree that the laws of the State of Texas shall govern all matters, claims, or controversy submitted to mediation pursuant to the Agreement.
- a)If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
- Only an officer of LadyBoss can, in writing, affect a waiver of these Policies and Procedures. LadyBoss’s waiver of any particular breach by a Champion shall not affect LadyBoss’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Champion.
- The existence of any claim or cause of action of a Champion against LadyBoss shall not constitute a defense to LadyBoss’s enforcement of any term or provision of these Policies and Procedures.
- a)The Parties agree that jurisdiction and venue of any controversy or claim arising from the Champion Agreement or between LadyBoss and Champion shall be in Collin County, Texas. The law of the State of Texas shall govern all matters relating to or arising from the Champion Agreement or between LadyBoss and Champion, without regard for any provisions regarding choice of law.
Class Action Waiver
- The parties expressly intend and agree that:
- Class action and representative action procedures are hereby waived and shall not be asserted, nor will they apply, in any court or arbitration; and
- The parties will only submit their own, individual claims in any court or arbitration and will not seek to represent the interests of any other person.
- The court or arbitrator is not empowered to consolidate claims of different individuals into one proceeding, to hear any litigation or arbitration as a class action.
- As a LadyBoss Champion and/or Customer, I agree that I will not assert class or collective action claims against LadyBoss in arbitration, court, or otherwise, nor will I join or serve as a member of a class or collective action in arbitration, court or otherwise.
- As a Champion and/or Customer, I understand that this means that there will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action by me or LadyBoss.
PAYMENT OF COMMISSIONS & BONUSES
Bonus and Commission Qualifications
- A Champion must be active and in compliance with the Champion Agreement and all LadyBoss-issued guidelines and policies implemented to qualify for bonuses and commissions. So long as a Champion complies with the terms and conditions set forth in the Champion Agreement, LadyBoss shall pay commissions to such Champion in accordance with the Compensation Plan and any amendments thereto.
- LadyBoss will not issue a payment in any form to a Champion without the receipt of a Champion’s annual membership and renewal membership fee and completed electronic enrollment as a LadyBoss Champion, including the Champion’s acceptance and agreement to the Champion Agreement.
- LadyBoss reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $25.00.
- Bonuses in the form of LadyBoss Bucks are not redeemable for cash.
Computation of Commissions and Discrepancies
- In order to qualify to receive commissions and/or bonuses, a Champion must be in good standing and comply with the terms of the Champion Agreement. Commission, bonuses, overrides, and achievement levels are calculated on a daily, monthly, or yearly basis.
- A LadyBoss Champion must review his or her monthly statement and bonus/commission reports promptly and report any discrepancies within thirty (30) days of receipt. After the thirty (30) day “grace period” no additional requests will be considered for commission recalculations.
- For additional information on payment of commissions, please review the Compensation Plan.
- LadyBoss reserves the right, in its sole discretion, to modify or amend the terms or conditions of any Bonus or Bonus Pool. Furthermore, LadyBoss may amortize the payment of proceeds from a Bonus or Bonus Pool.
Adjustments to Bonuses and Commissions for Returned Products or Champion Memberships
- A Champion receives bonuses and commissions based on the actual sales of LadyBoss products and services to end consumers and to Champions through product and service purchases. When a product or service is returned to LadyBoss for a refund from the end consumer or by a Champion, the bonuses and commissions attributable to the returned product or service will be deducted from the Champion who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.
- In the event that a Champion terminates his or her LadyBoss Account, and the amounts of the bonuses or commissions attributable to the returned products or services have not yet been fully recovered by LadyBoss, the remainder of the outstanding balance may be offset against any other amounts that may be owed by LadyBoss to the terminated Champion.
General Product Ordering Policies
- “Bonus Buying” is strictly and absolutely prohibited. Bonus Buying includes; (a) the enrollment of individuals or Business Entity as a Champion or Customer without their knowledge or consent; (b) the fraudulent enrollment of an individual or Business Entity as a Champion or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Champions or Customers (“phantoms”); (d) purchasing LadyBoss products or services on behalf of another Champion or Customer, or under another Champion’s or Customer’s ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of products, services or Subscribe & Saves that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end consumers.
- LadyBoss requires that Champions use their own credit cards and not allow others to use them. A Champion shall not use another Champion’s or Customer’s credit card or debit account to enroll in LadyBoss or purchase products, services, or Subscribe & Save.
- Regarding an order with an invalid or incorrect payment, LadyBoss will attempt to contact the Champion by phone, mail, and/or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after the expiration of ten (10) business days, the order will be canceled.
- Prices are subject to change without notice.
- A Champion or Customer who is a recipient of a damaged or incorrect order must notify LadyBoss within thirty (30) calendar days from receipt of the order and follow the steps as set forth in these Policies and Procedures, along with the Return/Exchange Policies and any other guidelines pertaining to product returns and exchanges.
Sales to Customers
- Sales to retail Customers may be done directly through a Champion’s replicated website or directly using product that LadyBoss has in inventory.
- Champions will comply with applicable consumer protection laws and regulations (including any consumer rights to receive specific notices and any rights to return product) afforded to consumers under applicable consumer protection legislation.
- When making a sale to an end Customer, a Champion must provide him/her with an official LadyBoss retail receipt at or prior to the time of the initial sale and every sale thereafter. Champions will need to customize the template with his/her personal information. If the customer exercises the right to cancel the sale, the Champion shall follow the refund procedures described in this section.
- The Customer should return all unused product to LadyBoss. These sales receipts set forth the consumer protection rights afforded by applicable law for direct sales, including the right to cancel (without any reason) the sales receipt up to ten (10) days after the end Customer receives a copy of the receipt or invoice.
- All electronic payments that are declined for insufficient funds will be automatically resubmitted for payment.
- Any outstanding balance owed to LadyBoss by a Champion or Customer of a Champion from NSF (non-sufficient funds) or insufficient fund (“ACH”) fees, will be withheld by LadyBoss from that Champion’s future bonus and commission funds.
- All transactions involving insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Champion, constitute grounds for disciplinary sanctions or termination of the account.
- If a credit card order or automatic debit is declined the first time, the Customer or Champion will be contacted directly and a request for an alternate form of payment will be made before any product will be shipped. If payment is declined a second time, the Customer or Champion may be deemed ineligible to purchase LadyBoss products or services or participate in the monthly Subscribe & Save. Note: Participation by Champions in LadyBoss’s monthly Subscribe & Save, which is a recurring product order program, is entirely optional, and is not required in order to become a Champion, move up in rank, or otherwise, fully participate in the Rewards Program.
Credit Card Purchases
- Credit card purchases may only be made by the individual or Business Entity whose name and address are on the credit card. A Champion or Customer may not use another individual’s or Business Entity’s credit card to purchase LadyBoss products (regardless of whether that Champion/Customer has permission from that individual/entity to do so). LadyBoss considers such transactions fraudulent and will report them to the proper authorities for settlement.
- Under no circumstance will any Champion or Customer charge back any credit card purchases. The Champion or Customer Account associated with any credit card chargeback request will be terminated immediately without notice to the Champion or Customer.
- Upon termination of a Champion’s Account, the Champion’s LadyBoss Bucks balance will be cleared, as they are not redeemable for cash.
- All Champion or Customer requests for refunds or returns must be done in accordance with these Policies.
Sales Tax Obligation
- Champions shall comply with all federal and local taxes and regulations governing the sale of LadyBoss products and services.
- LadyBoss will collect and remit sales tax on all Champion and Customer orders. When orders are placed with LadyBoss, sales tax is prepaid based upon the suggested retail price and remitted to the appropriate state and local jurisdictions. Champions may recover the sales tax when he or she makes a sale. Champions are responsible for any additional sales taxes due on products marked up and sold at a higher price.
- LadyBoss encourages each Champion to consult with a tax advisor for additional information for his or her business.
- LadyBoss Customers:
- If within the first thirty (30) days from the date of delivery you are not satisfied with the product you must contact firstname.lastname@example.org to return the unused portion of the product for a full refund of the product purchase amount, minus shipping and handling charges incurred. Because LadyBoss cannot guarantee the quality of LadyBoss products that are sold to Customers by non-Champions, LadyBoss’s Refund Policy is not available for products that Customers purchase from anyone other than a Champion or LadyBoss directly or that are purchased in any unauthorized channel.
- Properly returned product purchased completely or partially with LadyBoss Bucks will be credited LadyBoss Bucks, pro-rata, back to their Customer account. LadyBoss Bucks are not redeemable for cash.
- LadyBoss Champion:
- If within the first thirty (30) days from the date of delivery, you are not satisfied with the product, you must contact email@example.com to return the unused portion of the product for a full refund, minus shipping and handling charges. Your Champion account will then be subject to six (6) months suspension.
- Between thirty (30) and ninety (90) days, if you are not 100% satisfied with our products or are unable to sell them, you may return the items for a refund if the products are in a resalable condition. (*Resaleable condition means in sealed enclosed boxes with wrapper intact.) The refund shall be 70% percent of the original price for all returned products. Any shipping and handling charges incurred will not be refunded.
- If you receive a product that is damaged or otherwise defective, you may return the product within thirty (30) days of receipt for a full refund or replacement product.
- Properly returned product purchased completely or partially with LadyBoss Bucks will be credited LadyBoss Bucks, pro-rata, back to their Champion account. LadyBoss Bucks are not redeemable for cash.
- Terminated Champions. If a terminated Champion has purchased LadyBoss products, LadyBoss will issue a refund or credit for any products purchased by the Champion if: (i) the product is in Resalable condition; (ii) the Resalable product is returned to LadyBoss within twenty (20) days from the date of termination; and (iii) the Champion provides proof the product was purchased within twelve (12) months preceding the date of termination. [Note: the twelve (12) month requirements are not applicable to residents of Maryland, Wyoming, Massachusetts, and Puerto Rico]. Refunds are subject to a ten percent (10%) handling fee. Shipping costs are not refundable.
- Problems with Shipments: If within thirty (30) days of the reported expected product delivery date, a Champion does not notify firstname.lastname@example.org of a problem with the receipt of the Champion’s order, including but not limited to, failure to receive the product, improper sealing, damage to the container, quality of the internal product, and/or receipt of wrong product, refunds or exchanges will not be given.
- All purchases are charged and refunded in U.S. Dollars. All returns, refunds, and exchanges will also be refunded or exchanged in U.S. Dollars, except for LadyBoss Bucks, which are not redeemable for cash. LadyBoss is not responsible for fluctuating exchange rates.
- All returns, whether by a Customer, or Champion, must be made as follows:
- Obtain a Return Merchandise Authorization (“RMA”) from LadyBoss by contacting email@example.com and submit a request.
- Ship items to the address provided by LadyBoss customer service when you receive your RMA.
- Provide a copy of the sales receipt or invoice with the returned product. Such invoice must reference the RMA and include the reason for the return.
- Ship product back in the original manufacturer’s box exactly as it was delivered.
- All returns must be shipped to LadyBoss pre-paid, as LadyBoss does not accept shipping collect packages. LadyBoss recommends shipping returned product by UPS or FedEx which includes tracking information and insurance, as risk of loss or damage in the shipping process of the returned product shall be borne solely by the Customer or Champion. If the returned product is not received at the address provided on the RMA, it is the responsibility of the Customer or Champion to trace the shipment of the product wherein no credit will be applied.
- The return of $500 or more of products accompanied by a request for a refund within one (1) calendar year by a Champion, may constitute grounds for involuntary termination.
Presentation of Compensation Plan
- In presenting the LadyBoss business opportunity, a Champion is required to:
- present a copy of the LadyBoss Income Disclosure Statement;
- refrain from misquoting or omitting any material fact about the Compensation Plan;
- clearly explain that the Compensation Plan is based upon sales of LadyBoss products and services;
- not make income projections, claims, or guarantees while presenting or discussing the LadyBoss opportunity or Compensation Plan to prospective Champions or Customers;
- inform all prospective Champions that success requires substantial work;
- not make any unsubstantiated claims regarding products or services of any products offered by LadyBoss, except those contained in official LadyBoss literature.
- not use official LadyBoss material to promote the LadyBoss business opportunity in any country where LadyBoss is not duly authorized to conduct business.
Sales Requirements Are Governed by the Compensation Plan
- The LadyBoss program is built on sales to the ultimate consumer or end-user. LadyBoss encourages its Champions to only purchase inventory, in reasonable quantities, that they and their family will personally consume, will be used as a sales tool, or will be resold to others for their ultimate consumption. Champions must never attempt to influence any other Champions to buy more products than they can reasonably use or sell to retail Customers in a month.
- Each LadyBoss Champion commits to personally use, sell, or use in business building at least seventy percent (70%) of every order placed with LadyBoss prior to placing another order, and must be able to certify as much if demanded by LadyBoss or by any regulatory agency. Purchasing product solely for the purpose of collecting bonuses or achieving rank is strictly prohibited. LadyBoss retains the right to limit the amount of purchases you may make if, in our sole judgment, we believe those purchases are being made solely for qualification purposes instead of for consumption or resale.
PROPRIETARY INFORMATION & TRADE SECRETS
- a)By agreeing to the LadyBoss Champion Agreement, the Champion acknowledges that business reports, lists of Customer and Champion names and contact information, and any other information, which contains financial, scientific, or other information both written or otherwise circulated by LadyBoss or pertaining to the business of LadyBoss (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to LadyBoss.
Obligation of Confidentiality
- During the term of the LadyBoss Champion Agreement and for a period of two (2) years after the termination or expiration of the Champion Agreement between the Champion and LadyBoss, the Champion shall not:
- Use the information in the Reports to compete with LadyBoss or for any purpose other than promoting his or her LadyBoss business;
- Use or disclose to any person or entity any confidential information contained in the reports, including disclosure or use to replicate or attempt to replicate the Champions’ Upline and/or Tribe Organization genealogy in another network marketing company.
Breach and Remedies
1. a)The Champion acknowledges that the Reports and other confidential and proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to LadyBoss and to independent LadyBoss businesses. LadyBoss and its Champions will be entitled to injunctive relief and/or to recover damages against any Champion who violates his or her obligations in section 12.2 in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs, and expenses in addition to any award of damages.
Return of Materials
- a)Upon demand by LadyBoss, any current or former Champion will return the original and all copies of all Reports to LadyBoss together with any LadyBoss confidential information in such person’s possession.
Expectation of Privacy
- LadyBoss recognizes and respects the importance its Customers and Champion place on the privacy of their financial and personal information. LadyBoss will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers,’ and Champions’ financial and account information and nonpublic personal information.
- By entering into the Champion Agreement, a Champion or Customer authorizes LadyBoss to disclose his or her name and contact information to Upline Champions solely for activities related to the furtherance of the LadyBoss business. A Champion hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his or her Tribe Organization and conducting the LadyBoss business.
Employee Access to Information
- a)LadyBoss limits the number of employees who have access to Customers’ and Champions’ nonpublic personal information.
Restrictions on the Disclosure of Account Information
- a)LadyBoss will not share non-public personal information or financial information about current or former Customers or Champions with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers,’ or Champions’ interests or to enforce its rights or obligations under the Champion Agreement or with written permission from the account holder on file.
PRODUCT INSPECTION, QUALITY CONTROLS, ADVERTISING, PROMOTIONAL MATERIAL, USE OF LADYBOSS NAMES AND TRADEMARKS
Inspection, Product Care, and Quality Controls
- Promptly upon receipt, Champions shall inspect LadyBoss products and their packaging for damage, broken seals, evidence of tampering, or other product defects. If a product is defective or damaged, Champions shall not sell the product and must report the defect or damage to LadyBoss. Champions may return products that are damaged or otherwise defective within thirty (30) days of receipt for a full refund or replacement.
- Champions must comply with all instructions provided by LadyBoss regarding the proper care, storage, and handling of LadyBoss products. Additionally, Champions shall store all LadyBoss products in a dry place at room temperature, away from direct sunlight. Members shall also regularly inspect inventory for products that are expired or that will expire within sixty (60) days and shall not sell any such products.
- If LadyBoss discovers that a Champion is not properly inspecting products upon receipt, not properly storing and caring for LadyBoss products, and/or selling products that are damaged or otherwise defective, LadyBoss will investigate the Champion and take remedial and disciplinary action up to and including involuntary termination of the offending Champion’s LadyBoss Account.
Labeling, Packaging, and Displaying Products
- A LadyBoss Champion and/or Customer may not re-label, re-package, refill or alter labels of any LadyBoss product, or service, information, materials, or program(s) in any way. LadyBoss products must only be sold in their original containers from LadyBoss. Such re-labeling or re-packaging violates federal law, which may result in criminal or civil penalties or liability.
- A LadyBoss Champion shall not cause any LadyBoss product or service or any LadyBoss trade name to be sold or displayed in retail establishments except:
- Where professional services are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas, and beauty salons);
- Where the retail establishment is owned or managed by the LadyBoss Champion and the store does not exceed $1 million in annual gross revenue, and there are five (5) or fewer stores under common ownership of management.
- A Champion may sell LadyBoss products and services and display the LadyBoss trade name at any appropriate display booth (such as trade shows, expositions, conferences, etc.) with the express written consent of LadyBoss.
- A Champion or Customer is prohibited to sell LadyBoss products and services and display the LadyBoss trade name, trademark, or service mark at any kiosk or booth located in any retail establishment, such as a mall or retail facility.
- LadyBoss reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its products and services, or the LadyBoss opportunity.
Use of Company Names and Protected Materials
- A LadyBoss Champion must safeguard and promote the good reputation of LadyBoss and the products and services it markets. The marketing and promotion of LadyBoss, the LadyBoss business opportunity, the Compensation Plan, and LadyBoss products and services will be consistent with the public interest and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct and practices.
- All promotional materials supplied or created by LadyBoss must be used in their original form and cannot be changed, amended, or altered, except with prior written approval from the LadyBoss Compliance Department.
- The name of LadyBoss, each of its product and service names, and other names that have been adopted by LadyBoss, in connection with its business are proprietary trade names, trademarks, and service marks of LadyBoss. As such, these marks are of great value to LadyBoss and are supplied to Champions for their use only in an expressly authorized manner.
- A LadyBoss Champion’s use of the name “LadyBoss” is restricted to protect LadyBoss's proprietary rights, ensuring that the LadyBoss-protected names will not be lost or compromised by unauthorized use. Use of the LadyBoss name on any item not produced by LadyBoss is prohibited except as follows:
- [Champion’s name] Independent LadyBoss Champion.
- [Champion’s name] Independent Champion of LadyBoss products and services.
- Further procedures relating to the use of the LadyBoss name are as follows:
- All stationary (i.e., letterhead, envelopes, and business cards) bearing the LadyBoss name or logo intended for use by the LadyBoss Champion must be submitted via email to the LadyBoss Compliance Department for approval. Submit to;firstname.lastname@example.org.
- LadyBoss Champions may list “Independent LadyBoss Champion” in the white pages of the telephone directory under his or her own name.
- LadyBoss Champions may not use the name LadyBoss in answering his or her telephone, creating a voice message, or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Independent LadyBoss Champion.”
- Certain photos and graphic images used by LadyBoss in its advertising, packaging, and websites are the results of paid contracts with outside vendors that do not extend to Champions. If a Champion wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.
- A LadyBoss Champion shall not appear on or make use of television or radio or make use of any other media to promote or discuss LadyBoss or its programs, products, or services without prior written permission from the LadyBoss Compliance Department.
- A Champion may not produce for sale or distribution any Company event or speech, nor may a Champion reproduce LadyBoss audio or video clips for sale or for personal use without prior written permission from the LadyBoss Compliance Department.
- LadyBoss reserves the right to rescind its prior approval of any sales aid or promotional materials to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Champion.
- A Champion shall not promote non-LadyBoss products or services in conjunction with LadyBoss products or services on the same social media site or same advertisement without prior approval from LadyBoss Compliance Department.
- Claims (which include personal testimonials) as to therapeutic, curative, or beneficial properties of any products offered by LadyBoss may not be made except those contained in official LadyBoss literature. In particular, no Champion may make any claim that LadyBoss products are useful in the cure, treatment, diagnosis, mitigation, or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such unsubstantiated claims violate LadyBoss policies, but they also potentially violate federal and provincial laws and regulations.
- A Champion and/or Customer may not make any unsubstantiated claims regarding products or services of any products offered by LadyBoss, except those contained in official LadyBoss literature.
Faxes and E-mail - Limitations
- Except as provided in this section, a Champion may not use or transmit unsolicited email, mass email distribution, other commercial electronic messages, or “spamming” that advertises or promotes the operation of his or her LadyBoss business. The exceptions are:
- E-mailing any person who has given prior permission or invitation;
- E-mailing any person with whom the Champion has established a current business or personal relationship.
- In all states or the U.S. or International territories where prohibited by law, a Champion may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer, or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.
- All e-mail or computer broadcasted documents subject to this provision shall include each of the following:
- A clear and obvious identification that the fax or e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;
- A clear return path or routing information;
- The use of legal and proper domain name;
- A clear and obvious notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;
- Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
- The true and correct name of the sender, valid sender’s fax or e-mail address, and a valid sender's physical address;
- The date and time of the transmission; and
- Upon notification by the recipient of his or her request not to receive further faxed or e-mailed documents, a LadyBoss Champion shall not transmit any further documents to that recipient.
- All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:
- Use of any third-party domain name without permission; and
- Sexually explicit materials.
Internet and Third-Party Website Restrictions
- A Champion and/or Customer is prohibited from creating or registering any third-party website in order to promote, sell or advertise their LadyBoss business without LadyBoss’s express written approval. A Champion and/or Customer is prohibited to use or attempt to register any of LadyBoss’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the LadyBoss name, or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, Keywords, Sponsored Links, Adwords or blogs.
- A LadyBoss Champion and/or Customer may not (directly or indirectly through any intermediary or instrumentality) advertise, offer for sale, or facilitate the offering for sale of any LadyBoss products or services or offer the Business Opportunity on any online auction websites, internet retailer sites, or online marketplace websites. Examples of such sites include, but are not limited to, eBay®, Amazon, Facebook Marketplace, iOffer, Craigslist, Walmart.com, and Etsy. This obligation survives the termination of a Champion’s Agreement with LadyBoss.
- Social Media sites may be used to sell or offer to sell LadyBoss products or services. PROFILES A CHAMPION OR CUSTOMER GENERATES IN ANY SOCIAL COMMUNITY WHERE LADYBOSS IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE CHAMPION AS AN INDEPENDENT LADYBOSS CHAMPION, and when a Champion and/or Customer participates in those communities, Champions and/or Customers must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at LadyBoss’s sole discretion, and the offending Champion and/or Customer will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the LadyBoss-approved library, official LadyBoss website, or social media outlet. If a link is provided, it must link to the posting Champion’s Replicated website.
- Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Champions will be subject to disciplinary action.
- Champions and/or Customers may not use blog spam, spamdexing, or any other mass-replicated methods to leave blog comments. Comments Champions or Customers create, or leave must be useful, unique, relevant, and specific to the blog’s article.
- Champions and/or Customers must disclose their full name on all Social Media postings, and conspicuously identify themselves as an Independent LadyBoss Champion for LadyBoss. Anonymous postings or the use of an alias are prohibited.
- Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the LadyBoss business opportunity or income therewith, LadyBoss’s products and services, and/or your biographic information and credentials.
- Champions and/or Customers are personally responsible for their postings and all other online activity that relates to LadyBoss. Therefore, even if a Champion does not own or operate a blog or Social Media site, if a Champion and/or Customer posts to any such site that relates to LadyBoss or which can be traced to LadyBoss, the Champion is responsible for the posting. Champion and/or Customer are also responsible for postings that occur on any blog or Social Media site that the Champion and/or Customer owns, operates, or controls.
- As a LadyBoss Champion, it is important to not converse with any person who places a negative post against you, other Champions, or LadyBoss. Report negative posts to LadyBoss at email@example.com. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as LadyBoss, and therefore damages the reputation and goodwill of LadyBoss.
- The distinction between a Social Media site and a website may not be clear-cut because some Social Media sites are particularly robust, LadyBoss, therefore, reserves the sole and exclusive right to classify certain Social Media sites as third-party websites which are herein prohibited.
- If your LadyBoss business is canceled for any reason, you must discontinue using the LadyBoss name, and all of LadyBoss’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an Independent LadyBoss Champion, you must conspicuously disclose that you are no longer an Independent LadyBoss Champion.
- Failure to comply with these Policies for conducting business online may result in the Champion losing their right to advertise and market LadyBoss products, services, and LadyBoss’s business opportunity online in addition to any other disciplinary action available under the Policies and Procedures.
- Champions are prohibited from selling LadyBoss products to individuals or entities that they know or should know, intend to resell the products. Champions must sell LadyBoss products only to end-user customers, and Champions shall not sell to any person any quantity of LadyBoss products greater than that generally purchased by an individual for personal use. Champions must take reasonable steps to ensure that they do not violate these prohibitions.
Advertising and Promotional Materials
- You may not advertise any LadyBoss products or services at a price LESS than the highest company published, established retail price of ONE offering of the LadyBoss product or service plus shipping, handling, and applicable taxes. No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, free shipping, or other such offers that grant advantages beyond those available through LadyBoss.
- Advertising and all forms of communication must adhere to principles of honesty and propriety.
- All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., is subject to prior written approval by the LadyBoss Compliance Department.
- All requests for approvals with respect to advertising must be directed in writing to the LadyBoss Compliance Department.
- LadyBoss reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations and may require the removal of such advertisements from the marketplace without obligation to the affected Champion.
- a)By agreeing to the LadyBoss Champion Agreement, a Champion gives LadyBoss permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio, and video. In consideration of being allowed to participate in the LadyBoss business opportunity, a Champion waives any right to be compensated for the use of his or her testimonial or image and likeness even though LadyBoss may be paid for items or sales materials containing such image and likeness and represents that any testimonial represents Champion’s current, original, honest opinion, thoughts, beliefs, findings or experiences, based on Champion’s actual experience with LadyBoss and any stated use of LadyBoss products and/or services, and agrees to notify Champion immediately of any changes in the views expressed in the testimonial. In some cases, a Champion’s testimonial may appear in another Champion’s advertising materials. If a Champion does not wish to participate in LadyBoss sales and marketing materials, he or she should provide a written notice to the LadyBoss Compliance Department to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
Telemarketing - Limitations
- A LadyBoss Champion must not engage in telemarketing in relation to the operation of the Champion’s LadyBoss business. The term “telemarketing” means the placing of one or more telephone calls, text messages, emails, or facsimile transmissions to an individual or entity to induce the purchase of LadyBoss products or services or to recruit them for the LadyBoss opportunity.
- The federal government administers the Unsolicited Telecommunication Rules and operates a national Do-Not-Call registry that requires businesses to refrain from calling phone numbers listed on the national “Do-Not-Call” list (DNCL) and or people who tell the caller directly not to call/fax in the future.
- While a Champion may not consider himself or herself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the Federal “Do Not Call” registry could cause the Champion to violate the law. These regulations must not be taken lightly, as they carry significant penalties.
- “Cold calls” or unsolicited calls/texts/emails/faxes made to prospective Customers or Champions in order to promote LadyBoss products, services, or the LadyBoss business opportunity is considered telemarketing and is prohibited.
- Exceptions to Telemarketing Regulations. A LadyBoss Champion may place telephone calls or faxes to prospective Customers, or Champions under the following limited situations:
- If the Champion has an established current business relationship with the prospect;
- In response to the prospect’s personal inquiry or application regarding a product or service offered by the LadyBoss Champion, within 3 months immediately before the date of such a call/fax;
- If the Champion receives written and signed permission from the prospect authorizing the Champion to call/fax;
- If the call/fax is to family members, personal friends, and acquaintances. However, if a Champion makes a habit of collecting business cards from everyone, he/she meets and subsequently calls/faxes them, the federal government may consider this a form of telemarketing that is not subject to this exemption; and
- LadyBoss Champion engaged in calling “acquaintances,” must make such calls/faxes on an occasional basis only and not as a routine practice.
- A Champion shall not use automatic telephone dialing systems in the operation of his or her LadyBoss businesses.
- Failure to abide by LadyBoss’s policies or federal regulations regarding telemarketing may lead to sanctions against the Champion, up to and including termination of the Champion’s LadyBoss Account.
- By enrolling as a Champion, or by accepting commissions, other payments, or awards from LadyBoss, a Champion gives permission to LadyBoss and other Champions to contact them as permitted under the Federal Do Not Call regulations.
- In the event a Champion violates this section, LadyBoss reserves the right to institute legal proceedings to obtain monetary or equitable relief.
International Marketing Policy
- A LadyBoss Champion is authorized to sell LadyBoss products and services, to Customers and Champions only in the countries in which LadyBoss is authorized to conduct business, according to the Policies and Procedures of each country. LadyBoss Champions may not sell products or services in any country where LadyBoss products and services have not received applicable government authorization or approval.
- A Champion may not, in any unauthorized country, conduct sales, enrollment, or training meetings, enroll or attempt to enroll potential Customers or Champions, nor conduct any other activity for the purpose of selling LadyBoss products and services, establishing a sales organization, or promoting the LadyBoss business opportunity.
SUBSCRIBE & SAVE CANCELLATION
- To cancel or modify your Subscribe & Save at any time you may email firstname.lastname@example.org.You can also modify or cancel your order at any time through your portal at ladyboss.com. By selecting the “Subscribe & Save” option on the website, you are giving LadyBoss authorization to enroll you in the automatic shipping program. LadyBoss will ship your product directly to you. You are also authorizing LadyBoss to charge your credit card for the products you have ordered on a monthly basis without further warning or notification from LadyBoss. You may cancel at any time without penalty by emailing email@example.com. All Subscribe & Save cancellations must be performed or delivered to LadyBoss within three (3) business days prior to your next shipment to guarantee cancellation of that shipment.
- All orders are processed within 2-3 business days.
- Orders are not shipped or delivered on weekends or holidays.
- If LadyBoss is experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
- Shipping charges for your order will be calculated and displayed at checkout. Delivery delays can occasionally occur.
- LadyBoss is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.
- Please save all packaging material and damaged goods before filing a claim.
GLOSSARY OF TERMS
The terms listed below shall have the following meaning throughout these Policies and Procedures regardless of whether they are capitalized.
ACCOUNT: The secure and proprietary back-office associated with each Champion’s LadyBoss business and unique User ID where a Champion can access the Champion Agreement, the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions.
ACTIVE CHAMPION: A Champion who is in good standing with respect to the Champion Agreement and who satisfies the minimum sales volume requirements, as set forth in the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Champions can generate commissions and bonuses.
COMPETING PRODUCT(S): Any program, product, or service offered by another network marketing/direct sales company with characteristics, functions, benefits, or ingredients similar to those offered by LadyBoss, regardless of differences in cost, quality, or other distinguishing factors.
CUSTOMER: Any person who purchases LadyBoss products and does not enroll as a LadyBoss Champion.
CHAMPION AGREEMENT: The most current version of the following along with any addendums or exhibits thereto: (i) LadyBoss Policies and Procedures; and (ii) LadyBoss Compensation Plan.
CHAMPION: An individual or entity who actively promotes, markets, and sells LadyBoss products for profit and who actively seeks and Recruits others to do the same in accordance with the Champion Agreement.
FAMILY UNIT:Parents or dependent children living at or doing business at the same address as a Champion.
LINE OF SPONSORSHIP (LOS): A report generated by LadyBoss that provides critical data relating to the identities of Champions, sales information, and enrollment activity of each Champion’s Organization. This report contains propriety, confidential, and trade secret information.
ORGANIZATION OR TRIBE: The Customers and Champions placed below a particular Champion.
OFFICIAL LADYBOSS MATERIAL: Literature, audio or video recordings, photographs, intellectual property, and/or any other materials developed, printed, published, or distributed by LadyBoss to Champion and/or Customers.
PLACEMENT: A Champion’s position inside his or her Sponsor’s organization.
RECRUIT, RECRUITMENT & RECRUITING: Actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Champion or Customer to enroll or participate in any direct sales or network marketing opportunity. Recruitment includes but is not limited to messaging, posting, friending, or otherwise contacting known Champions and/or Customers of LadyBoss on social media (e.g., Facebook, Instagram, etc.) to discuss another direct sales or network marketing opportunity. The conduct described in this paragraph is Recruitment even if the Champion’s actions are in response to an inquiry made by another Champion or Customer
RESALABLE: Products shall be deemed “resalable” if each of the following elements is satisfied: 1) they are unopened and unused, 2) original packaging and labeling have not been altered or damaged, 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price, and 4) the product contains current LadyBoss labeling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
SPONSOR: A Champion who enrolls a Customer or other Champions into LadyBoss and is listed as the Sponsor.
SPOUSE: An individual that is legally married to a Champion or an individual that is a party to a legally recognized common-law relationship with a Champion.
UPLINE: This term refers to the Champion(s) above a particular Champion in a Sponsorship line up to the Company. It is the line of Sponsors that links any particular Champion to the Company.
WALLET: A secure feature in the back-office software that maintains a Champion’s commissions and bonuses.
INCOME DISCLOSURE STATEMENT
INCOME DISCLOSURE STATEMENT
The LadyBoss Compensation Plan is an exciting opportunity that rewards you for selling products and services and sponsoring other participants who do the same. Although the opportunity is unlimited, individual results will vary depending on commitment levels and sales skills of each participant. Since LadyBoss has recently launched, it lacks enough statistical data to prepare reliable income disclosures. There will be certain participants who will earn less while others will earn much more. We’re excited about the LadyBoss Compensation Plan and we’re confident it will provide you with a solid foundation to help you achieve your financial goals. As with all endeavors, hard work and the time you dedicate impact outcomes.
If income projections were presented to you prior to your enrollment, such projections are not necessarily representative of the income, if any, that you can earn through your participation in the Compensation Plan. These income projections should not be considered as guarantees or projections of your actual earnings or profits. Success with LadyBoss results only from hard work, dedication, and leadership.