1.0 INTRODUCTION
1.1 Mutual Commitment Statement
The goal of APLGO U.S., LLC (doing business as “APLGO US,” and/or referred to as “We,” “Us,” “Our,” or simply the “Company”) is to provide exceptional products and services to consumers. This is only made possible with the support of and passion demonstrated by the members of the APLGO US sales organization (known as “Independent Associates”). To achieve sustained success as a business, APLGO US hereby commits to aid and support all Independent Associates in return for the mutual commitment made and shown by these Independent Associates to represent the Company in its efforts to reach all interested consumers.
1.2 Purpose of Policies and Effective Date
A. To clearly define the relationship that exists between Us and you, and to explicitly set a standard for acceptable business conduct, We now put forth these Policies and Procedures.
B. As an Independent Associate, you are required to comply with:
I. All of the terms and conditions set forth in the Independent Associate Agreement, which We may amend from time to time in Our sole and absolute discretion;
II. All federal, state, and/or local laws governing your APLGO business; and
III. Lastly, these Policies and Procedures.
C. An Independent Associate must review the information in these Policies and Procedures carefully. Should you have any questions regarding a policy or rule, We encourage you to seek an answer from your Sponsor (as defined in the Glossary of Terms herein). Should your Sponsor not provide the appropriate clarification, you may contact Company Customer Service Department.
D. These Policies and Procedures shall become effective as of October 1st, 2019 (“Effective Date”).
1.3 These Policies and Procedures and the Compensation Plan Incorporated into the Independent Associate Agreement
A. Throughout these Policies, when the term “Agreement” is used, this collectively refers to the Independent Associate Agreement, these Policies and Procedures, and the Company Compensation Plan.
B. It is the responsibility of a Sponsoring Independent Associate to provide the most current version of these Policies and Procedures (available on the company website) and the Company Compensation Plan to each applicant prior to any execution of an Independent Associate Agreement.
1.4 Changes, Amendments, and Modifications
А. Because federal, state, and local laws, as well as the business environment, periodically change, We reserve the right to amend the Agreement from time to time. Additionally, the Company may change and amend the prices on all its product at any time in the future. Please note, this provision does NOT apply to the arbitration clause found in Section 12, which can only be modified via mutual consent.
B. Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:
I. Posting on the official Corporate website;
II. Electronic mail (e-mail); or
III. In writing through Company newsletters or corporate communication channels.
C. Understand that any continued business, ordering, acceptance of a commission or bonus payout, or other benefit received by an Independent Associate pursuant to this Agreement constitutes the acceptance of this Agreement in whole with any and all amendments.
1.5 Delays
APLGO US shall not be responsible for delays or failures in performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire, and/or weather, curtailment of a source of supply, or government decrees or orders.
2.0 BASIC PRINCIPLES
2.1 Becoming An Independent Associate
A. As an APLGO Independent Associate, you will be a part of a team of passionate, driven, like-minded individuals, all working towards the common goal of achieving emotional, personal and financial success. To become Independent Associate, you must comply with the following requirements:
I. Be of the age of majority (not a minor) in your state of residence;
II. Reside or have a valid address in the United States or other U.S. territory;
III. Have a valid taxpayer identification number (i.e. Social Security Number, Federal Tax ID Number, ITIN, etc.);
IV. Submit a properly completed and signed (via hard copy or electronic signature) Independent Associate Agreement;
V. Not be an APLGO US employee, or the spouse or relative of a Company employee living in the same household;
VI. Submit a $25.00 fee at the time of enrollment.
2.2 Registration and Enrollment of an Independent Associate
A. You can submit your Independent Associate Agreement through mail or the APLGO.US website (www.aplgo.us). The application must be received within five (5) business days of your enrollment for you to receive Independent Associate benefits. If the Independent Associate Agreement is not received within five (5) business days, your Independent Associate account will remain on temporary hold until we receive the Agreement.
B. A potential new Independent Associate may also enroll on the Sponsor’s replicated website. Instead of a physically signed Independent Associate Agreement, We will accept the web-enrollment through the “electronic signature.” The electronic signature signifies that the new Independent Associate has accepted the terms and conditions of the Independent Associate Agreement, the Policies and Procedures, the Terms of Use, and the Compensation Plan. Please note that such electronic signature constitutes a legally binding agreement between you and the Company.
C. APLGO GO reserves the right to require signed paperwork for any account, regardless of origin.
D. Signed documents, including, but not limited to Independent Associate agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after execution. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been executed may lead to sanctions, up to and including involuntary termination of the Independent Associate’s business.
2.3 Rights Granted
APLGO US hereby grants to the Independent Associate a non-exclusive right, based upon the terms and conditions contained in the Independent Associate Agreement and these Policies and Procedures, to the following:
I. The ability to purchase, sell and promote APLGO US products and services;
II. Sponsor new Independent Associates and Customers in the United States, building a sales organization and earning commissions of the personal and downline sales of APLGO US products.
2.4 Identification Numbers
A. Each Independent Associate is required to provide his or her Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to the Company on the Independent Associate Agreement. We reserve the right to withhold commission payments from any Independent Associate who fails to provide such information or who provides false information.
B. Upon enrollment, We will provide you an APLGO US Identification Number. This number will be used to place orders, structure organizations, and track commissions and bonuses.
2.5 Business Entities
A. A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be an Independent Associate. This Independent Associate business and position will remain temporary until the submission of proper documents. As examples of proper documents, We expect a Business Entity application to come with some of the following: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents. We must receive these documents within five (5) business days from the date of the Independent Associate Agreement’s execution. The Business Entity should scan and send all applicable documents to support.us@aplgo.com
B. An Independent Associate may change his or her status under the same Sponsor from an individual to a Business Entity so long as he or she complies with Section 2.5(A).
2.6 Independent Business Relationship; Indemnification for Actions
A. As an Independent Associate, you are an independent contractor, and not a purchaser of a franchise or business opportunity. As a result, each Independent Associate’s success depends entirely upon his, her or its own independent efforts.
B. The Agreement between you and APLGO US does not create an employer/employee relationship, agency, partnership, or joint venture.
C. An Independent Associate shall not be treated as an employee of APLGO US for any purposes, including, without limitation, for federal or state tax purposes. You are responsible for paying local, state, and federal taxes due from all compensation earned as an Independent Associate. Any other compensation received by Independent Associates from the Company will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction). You as an Independent Associate have no express or implied authority to bind APLGO US to any obligation or to make any commitments by or on behalf of the Company. Each Independent Associate, whether acting as management of a Business Entity or represented as an individual, shall establish goals, hours, and methods of operation and sale, so long as in compliance with the terms of the Independent Associate Agreement, these Policies and Procedures and applicable state and federal laws.
D. You are fully responsible for all of your verbal and written communications made regarding APLGO US products, services, and the Compensation Plan that are not expressly contained within official Company materials. Independent Associates shall indemnify and hold harmless APLGO US, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by APLGO US as a result of the Independent Associate’s unauthorized representations or actions. This provision shall survive the termination of the Independent Associate Agreement.
2.7 Errors or Questions
If an Independent Associate has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the Company requires any inquiries by email to support.us@aplgo.com within thirty (30) days of the date of the error or incident in question. Any such errors, omissions or problems not reported within this thirty-day timeframe days is expressly waived by Independent Associate.
3.0 RESPONSIBILITIES OF AN APLGO US INDEPENDENT ASSOCIATE
3.1 Correct Addresses
A. It is the responsibility of any Customer or Independent Associate to ensure the Company has the correct shipping address before the shipment of any orders.
B. For any notice of address change sent to the Company, a Customer or Independent Associate will need to allow up to thirty (30) days for processing.
3.2 Training and Leadership
A. Any Independent Associate who sponsors another Independent Associate into APLGO US must perform an authentic assistance and training function to ensure those made up of their downline organizations operate their business in accordance with these Policies and Procedures. Sponsoring Independent Associates should have ongoing contact and communication with those in their downline organizations. Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, contact, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline Independent Associates to Company meetings, training sessions, webinars and any other related functions.
B. A Sponsoring Independent Associate should monitor the Independent Associates in his or her downline organizations to ensure that downline Independent Associates do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, an Independent Associate should be able to provide documented evidence to the Company of his or her ongoing fulfillment of Sponsor responsibilities.
C. Upline Independent Associates are encouraged to motivate and train new Independent Associates about Company products and services, effective sales techniques, the Company Compensation Plan and compliance with these Policies and Procedures.
D. The marketing and sale of products is a required activity in APLGO US and must be emphasized in all recruiting presentations.
E. We prioritize all Independent Associates to sell APLGO US products and services to Customers first and prospective and current Independent Associates second.
F. Use of Sales Aids. Creation of APLGO US sales tools is limited to Managing Directors and above. These Independent Associates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Independent Associate receives specific written approval to use the material, the request shall be deemed denied. All Independent Associates shall safeguard and promote the good reputation of APLGO US and its products. Once approved, Company reserves the right to incorporate the approved training material in its own promotional efforts.
G. The Independent Associate does not have the right to register domain names containing the following: * words: APL, APLGO, AСUMULLIT SA, EXTRAVAGANZA, ALL-TIME, FRESH, BLACK OCEAN; *Company’s trademarks, trade names;
*other words/word collocations confusingly similar to the above mentioned (including Company’s colors). The Independent Associate has the right to use images of Company’s products, trademarks, and other APLGO US signs when designing its online pages only upon receipt of the Company’s written consent as much as this is necessary for the proper fulfillment of this Agreement. The Independent Associate and/or Group agrees to avoid registering trademarks, trade names and other APLGO US signs that include the Company confusingly similar to those of the Company.
3.3 Constructive Criticism; Ethics
A. It is Our goal to provide you with a combination of exceptional products and a rewarding Compensation Plan. Accordingly, We value constructive criticism and encourage the submission of written comments addressed to the Company’s Compliance Department so long as such comments come by way of a respectful and in a productive manner.
B. Negative and disparaging comments by Independent Associates made to others about the Company, its products or Compensation Plan, or disruptive behavior at Company meetings or events, serve no purpose other than to dampen the enthusiasm of all those who participate in the APLGO US business. Independent Associates must not belittle the Company, other Independent Associates, the Company products or services, the Compensation Plan, or Company directors, officers, or employees, product suppliers or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as the Company sees fit.
C. APLGO US endorses the following Code of Ethics:
I. Independent Associates must show fairness, tolerance, and respect to all people associated with APLGO US, regardless of race, gender, social class or religion;
II. Independent Associates must contribute to and foster an atmosphere of positivity, teamwork, good morale and community spirit.
III. Independent Associates shall strive to resolve business issues, including situations with upline and downline members through tact, sensitivity, and good will.
IV. Independent Associates must be honest, responsible, professional and conduct themselves with integrity.
V. Independent Associates shall never disparage the Company, other Independent Associates, Company employees, product suppliers or agents, products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.
D. APLGO US may take appropriate action against an Independent Associate if it determines, in its sole discretion, that the Independent Associate’s conduct is detrimental, disruptive, or injurious to the Company or other Independent Associates.
3.4 Reporting Policy Violation
A. An Independent Associate who observes a policy violation by another Independent Associate should submit a written and signed letter (e-mail will not be accepted) of the violation directly to the Company Compliance Department. The letter shall set forth the details of the incident as follows:
I. The nature of the violation and specific facts to support the allegation;
II. Number of occurrences and dates;
III. The Persons involved; and
IV. Any other supporting documentation
B. Upon presentation to the Company Compliance Department, We will research the incident in question and take appropriate action if necessary.
C. This section refers to the general reporting of policy violations as observed by other Independent Associates for the mutual effort to support, protect, and defend the integrity of the APLGO US business and opportunity. If an Independent Associate has a grievance or complaint against another Independent Associate which directly relates to his or her APLGO US business, the procedures set forth in these Policies must be followed.
3.5 Sponsorship
A. The Sponsor is the person who introduces a person, whether a Customer or an Independent Associate, to the APLGO US business and helps them complete their enrollment, supports those in their downline, and continues to provide training and assistance for all those in their downline.
B. The Company recognizes the Sponsor as the name(s) shown on the first:
I. Physically signed Independent Associate Agreement on file; or
II. Electronically signed Independent Associate Agreement from either the Company’s website or an Independent Associate’s replicated website.
C. An Independent Associate Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by the Company.
D. We recognize that each new prospect has the right to ultimately choose his or her own Sponsor, but We will not allow Independent Associates to engage in unethical sponsoring activities.
E. All active Independent Associates in good standing have the right to Sponsor and enroll others into the APLGO US business. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Independent Associate will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Independent Associate who presented a comprehensive introduction to the Company’s products or opportunity.
3.6 Cross Sponsoring Prohibition
A. “Cross sponsoring” is defined as the enrollment of an individual or Business entity into a different line of sponsorship who has already signed an Independent Associate Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by the Company, sanctions up to and including termination of an Independent Associate’s business may be imposed.
B. The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this policy is strictly prohibited.
C. This policy does not prohibit the transfer of an APLGO US business in accordance with the Sale or Transfer policy set forth herein.
3.7 Adherence to the APLGO US Compensation Plan
A. An Independent Associate must adhere to the terms of the Company Compensation Plan. Any deviation from the Compensation Plan is strictly prohibited.
B. An Independent Associate shall not offer the APLGO US opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Company materials.
C. An Independent Associate shall not require or encourage a current or prospective Customer or Independent Associate to participate in the APLGO US business in any manner that varies from the Compensation Plan or other Company materials.
D. Other than such purchases or payments required to naturally build their business, an Independent Associate shall not require or encourage a current or prospective Customer or Independent Associate to make a purchase from or payment to any individual or other entity as a condition to participating in the Company Compensation Plan.
3.8 Adherence to Laws and Ordinances
Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Independent Associates because of the nature of the business. However, Independent Associates must check their local laws and obey the laws that do apply to them. An Independent Associate shall comply with all federal, state and local laws and regulations in their independent conducting of APLGO US business.
3.9 Compliance with Applicable Income Tax Laws
A. APLGO US will automatically provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each US Independent Associate whose earnings for the year is at least $600 or who has purchased more than $5,000 of APLGO US products for resale, or who received trips, prizes or awards valued at $600 or more. If earnings and purchases are less than stated above, IRS forms will be sent only at the request of the Independent Associate, and a minimum charge of $20 may be assessed by APLGO US.
B. An Independent Associate accepts sole responsibility for and agrees to pay all federal, state and local taxes on any income generated as an independent business owner, and further agrees to indemnify APLGO US from any failure to pay such tax amounts when due.
C. If an Independent Associate’s business is tax exempt, the Federal Tax Identification number must be provided to the Company in writing.
D. APLGO US encourages all Independent Associates to consult with a tax advisor for additional information for their business.
3.10 One APLGO US Business Per Household
An Independent Associate may operate or have an ownership interest, whether legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one APLGO US business. No individual may have, operate or receive compensation from more than one (1) APLGO US businesses. As long as each subsequent family position is placed within the first enrolled family member’s frontline, individuals in the same family unit may each enter into or have an interest in their own separate APLGO US businesses. A “family unit” is defined as Spouses and dependent children living or conducting business at the same address. Note: Children of legal age to contract and at least 18 years of age are not considered a part of their parents’ household.
3.11 Actions of Household Members or Affiliated Parties
If any member of your immediate household engages in any activity which, if performed by you, would violate any provision of the Agreement, such activity will be deemed a violation by you. As a result, the Company may take disciplinary action pursuant to these Policies and Procedures against you. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and the Company may take disciplinary action against the Business Entity. Likewise, if an Independent Associate enrolls in APLGO US as a Business Entity, each affiliated party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
3.12 Solicitation for Other Companies or Products
A. An Independent Associate may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the Term of this Agreement and for one (1) year thereafter, you may not recruit any other APLGO US Customer or Independent Associate for any other Network Marketing business, unless said Customer or Independent Associate was personally sponsored by you.
B. 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 Customer or Independent Associate to enroll or participate in any Network Marketing opportunity. This conduct represents recruiting even if the Independent Associate’s actions are in response to an inquiry made by another Customer or Independent Associate.
C. However, you may sell non-competing products or services to APLGO US Customers and Independent Associates. Specifically, a non-competing company is defined as a company that does NOT sell nutritional products, dietary supplements, healthy candies, or herbal botanicals.
Due to the visibility of our higher-ranking Independent Associates, APLGO US Independent Associates at the rank of National Director or above agree not to participate in any network marketing or party plan company, regardless if the company sells competing products or not.
D. An Independent Associate may not display or bundle APLGO US 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 Independent Associate into believing there is a relationship between APLGO US and the non-Company related products or services.
E. You may not offer any non-Company related opportunity, products or services at any APLGO US-related meeting, seminar or convention, or immediately following said event(s).
F. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between the Company and you. As a result, such actions would inflict irreparable harm on APLGO US. In such event, the Company may, at its sole discretion, impose any sanction it deems necessary and appropriate against the Independent Associate or Independent Associate’s business including termination, the request for immediate injunctive relief, or the pursuit of any other legal and equitable remedies.
3.13 Presentation of the APLGO US Opportunity
In presenting the Company opportunity to potential Customers and Independent Associates, you must comply with the following provisions:
I. Abstain from a misquote or omission of any significant material fact about the Compensation Plan.
II. Make clear that the Compensation Plan is based upon sales of APLGO US products and services to consumers.
III. Make clear that success can be achieved only through substantial independent efforts and hard work.
IV. Abstain from unauthorized income projections, claims, or guarantees during any presentation or discussion the APLGO US opportunity or Compensation Plan to prospective Customers or Independent Associates.
V. Abstain from any claims regarding Company products or services not found in official Company materials.
VI. Refrain from the promotion of APLGO US in any country where We have not yet established a “presence.”
*Note: The terms “income claim” and/or “earnings representation” (collectively “income claim”) include the following: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Independent Associate earned over four hundred thousand dollars last year” or “Our average-ranking Independent Associate earns three thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Independent Associates is eight thousand dollars on the low end to thirty-five thousand dollars a month on the high end.”
3.14 Sales Requirements are governed by the Compensation Plan
A. For all APLGO products, the Company provides a set sales price. There are no exclusive territories granted to anyone. No franchise fees are applicable to an APLGO US business.
B. The APLGO US program is built on sales to the ultimate consumer. Thus, Independent Associates must only purchase inventory that they and their family will personally consume, will be used as a sales tool, or will be resold to others for ultimate use. Independent Associates must never attempt to influence any other Independent Associate to buy more products than they can reasonably use or sell to Customers in a month.
4.0 ORDERING
4.1 General Order Policies
A. “Bonus Buying” is strictly and absolutely prohibited. Bonus Buying includes any of the following scenarios: (i) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (ii) the fraudulent enrollment of an individual or entity as a Customer or Independent Associate; (iii) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Customers or Independent Associates (“phantoms”); (iv) purchasing APLGO US products or services on behalf of another Customer or Independent Associate, or under another Customer’s or Independent Associate’s ID number, to qualify for commissions or bonuses; (v) purchasing excessive amounts of products or services that cannot reasonably be used or resold in a month; and/or (vi) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
An Independent Associate shall not use another Customer’s or Independent Associate’s credit card or debit checking account to enroll in APLGO US or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Independent Associate indefinitely in case we need to reference this.
B. Regarding an order with an invalid or incorrect payment, We will attempt to contact the Independent Associate by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after ten (10) business days, the order will be canceled.
C. Prices are subject to change without notice.
D. A Customer or Independent Associate who is a recipient of a damaged or incorrect order must notify the Company within thirty (30) calendar days from receipt of the order and follow the procedures as set forth in these Policies.
4.2 Insufficient Funds
A. All checks returned for insufficient funds will be re-submitted for payment. A $30 fee will be charged to the account of the Customer or Independent Associate for all returned checks and insufficient funds.
B. Any outstanding balance owed to Us by a Customer or Independent Associate of yours from NSF (non-sufficient funds) checks, returned check fees or insufficient fund fees (ACH) will be withheld from your future bonus and commission checks.
C. All transactions involving returned checks or insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Independent Associate, constitute grounds for disciplinary sanctions.
D. If a credit card order or automatic debit is declined the first time, the Customer or Independent Associate will be contacted for an alternate form of payment. If payment is declined a second time, the Customer or Independent Associate may be deemed ineligible to purchase Company products or services in the future.
E. Chargebacks: When a bank forcibly reverses a credit card transaction, returning funds to the cardholder, it is known as a chargeback. Chargebacks are usually issued when fraudulent purchases have been made on a person’s credit card. When APLGO receives a chargeback notice, the account in which the product was purchased is immediately blocked, and all related services in the account are deactivated. In the interest of caution, APLGO considers chargebacks to be the result of fraud and suspends all accounts for 30 days or until the issue is addressed. If the chargeback remains unresolved beyond 30 days, APLGO reserves the right to terminate accounts. APLGO requests that it be given an opportunity to resolve any disputes regarding purchases before a chargeback is filed. Associates or Customers who fail to contact APLGO support regarding such concerns prior to filing a chargeback are also eligible for termination. APLGO may charge $50 to reinstate an account that has been deactivated due to a chargeback notification.
4.3 Sales Tax Obligation
A. You as an Independent Associate shall comply with all state and local taxes and regulations governing the sale of Our products and services.
B. We will collect and remit sales tax on Independent Associate orders unless an Independent Associate furnishes Us with the appropriate Resale Tax Certificate form. When orders are placed with Us, sales tax is prepaid based upon the suggested retail price. We will remit the sales tax to the appropriate state and local jurisdictions. The Independent Associate may recover the sales tax when a sale is made.
C. We encourage each Independent Associate to consult with a tax advisor for additional information about their APLGO US business.
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
A. An Independent Associate must be active (as defined in the Glossary of Terms) and in compliance with these Policies and Procedures to qualify for bonuses and commissions. So long as an Independent Associate complies with the terms of the Agreement, We shall pay commissions to such Independent Associate in accordance with the Compensation Plan.
B. We will not issue a payment to an Independent Associate without the receipt of a completed and signed Independent Associate Agreement via hard copy or through Electronic Authorization.
C. We reserve the right to postpone bonus and commission payments until such time the cumulative amount exceeds $30.
5.2 Computation of Commissions and Discrepancies
A. An Independent Associate placing his or her first order must review his or her monthly statement and bonus/commission reports located in the back office of their website and report any discrepancies within thirty (30) days of receipt. After this initial thirty-day “grace period and beginning in the second month of an Independent Associate’s APLGO US business, all requests concerning bonus/commission reports must be reported within fourteen (14) business days in order to be considered for commission calculations.
B. An Independent Associate who believes a miscalculation of bonuses/commissions has occurred should email support.us@aplgo.com and include a detailed description and account number within the body of the email.
C. For additional information on payment of commissions, please review the Compensation Plan.
5.3 Adjustments to Bonuses and Commissions for Returned Products
A. An Independent Associate receives bonuses and commissions based on the actual sales of products and services to end consumers. When a product or service is returned to the Company for a refund from the end consumer, the bonuses and commissions attributable to the returned product or service will be deducted from the Independent Associate who received bonuses or commissions on said 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.
B. In the event that an Independent Associate terminates his or her business, and the amounts of the bonuses or commissions attributable to the returned products or services have not yet been fully recovered by the Company, the remainder of the outstanding balance may be offset against any other amounts that may be owed by the Company to the terminated Independent Associate.
6.0 SATISFACTION GUARANTEED AND RETURN OF SALES AIDS
APLGO US offers a one hundred percent (100%) thirty-day money back guarantee for all Customers. If a Customer purchased a product or service and is not satisfied with the product or service, the Customer may request a refund from their Independent Associate.
If you as an Independent Associate are not 100% satisfied with our products, you may return the items for product of equivalent value OR a refund if: (i) neither you nor We have terminated the Agreement; (ii) the products or services were purchased within the previous (12) months; and (iii) the products remain in resalable condition (as defined in the Glossary of Terms). The refund shall be ninety percent (90%) of the purchase price. Shipping and handling charges incurred will not be refunded.
Upon cancellation of the Agreement, the Independent Associate may return all generic sales aids provided by the Company and purchased after enrollment within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. An Independent Associate may only return sales aids personally purchased from the Company under his or her Independent Associate Identification Number, and which are in Resalable Condition. Any custom orders of printed sales aids (i.e., business cards, brochures, etc.) where on the Independent Associate’s contact information is imbedded or hard printed, or has been added by the Independent Associate, are not able to be returned in Resalable Condition and are thus nonrefundable. Upon the Company’s receipt of the products and sales aids, the Independent Associate will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same credit card account. The Company shall deduct from the reimbursement paid to the Independent Associate any commissions, bonuses, rebates or other incentives received by the Independent Associate which were associated with the merchandise that is returned.
6.1 Return Process
A. All returns, whether by a Customer or Independent Associate, must be made as follows:
I. Obtain Return Merchandise Authorization (“RMA”) from the Company;
II. Ship items to the address provided by the Company Customer Service Department when you are given your RMA;
III. Provide a copy of the invoice with the returned products or service. Such invoice must reference the RMA and include the reason for the return; and
IV. Ship back product in the exact same manner as it was delivered, meaning the packaging should be the exact same.
D. All returns must be shipped to the Company pre-paid, as We do not accept shipping collect packages. We recommend shipping returned product by UPS or FedEx with tracking and insurance as risk of loss or damage in shipping of the returned product shall be borne solely by the Customer or Independent Associate. If returned product is not received at the Company Distribution Center, it is the responsibility of the Customer or Independent Associate to trace the shipment and no credit will be applied.
E. If a product is received in damaged or defective condition, the Company will cover all shipping charges by providing a shipping label. Proof of the defective product must be submitted via photograph to our shipping support staff via email to USA.Shipping@APLgo.us.
D. The return of $400 or more of products accompanied by a request for a refund within a single calendar year by an Independent Associate may constitute grounds for involuntary termination.
6.2 Duty to Provide Sales Receipts.
A. Independent Associates must provide the customer with two copies of a completed retail sales receipt at the time of the sale. All blanks in the section referring to the three-day Refund Policy on the back of the receipt must be completed.
B. The front of the retail sales receipt should be completed and include the items ordered, the amount of sale, and the customer's name, address, and telephone number. The back of the retail sales receipt should be completed to include the date of the sale, the date of the third business day after sale, the name of the Independent Associate’s, business address, and business telephone number.
C. The first copy is the customer's receipt of the purchase. The customer should sign and date the back of the second copy and return it to the We if a refund is requested. The third copy is the Independent Associate's receipt of the purchase. If the customer prefers, an Independent Associate may, at his or her discretion, make a product exchange instead of a refund.
D. Independent Associates should keep copies of all retail sales receipts on file for at least six years. The amount of sales tax collected must be recorded on the retail sales receipt form.
7.0 PRIVACY POLICY
7.1 Introduction
This Privacy Policy is to ensure that all Customers and Independent Associates understand and adhere to the basic principles of confidentiality.
7.2 Expectation of Privacy
A. APLGO US recognizes and respects the importance its Customers and Independent Associates place on the privacy of their financial and personal information. Thus, We will make reasonable efforts to safeguard the privacy of and maintain the confidentiality of its Customers’ and Independent Associates’ financial and account information and nonpublic personal information.
B. By entering into the Independent Associate Agreement, you authorize the Company to disclose your name and contact information to upline Independent Associates solely for activities related to the furtherance of the APLGO US business. An Independent Associate hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing the downline organization and conducting APLGO US business.
7.3 Employee Access to Information
We limit the number of employees who have access to Customers’ and Independent Associates’ nonpublic personal information.
7.4 Restrictions on the Disclosure of Account Information
APLGO will not share non-public personal information or financial information about current or former Customers or Independent Associates with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Independent Associates’ interests or to enforce its rights or obligations under these Policies and Procedures, the Independent Associate Agreement, or with written permission from the accountholder on file.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
By completing and signing the Independent Associate Agreement, you acknowledge that Business Reports, lists of Customer and Independent Associate names and contact information, and any other information, which contain financial, scientific or other information both written or otherwise circulated by the Company pertaining to the business of APLGO US (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to the Company.
8.2 Obligation of Confidentiality
A. During the Term of the Independent Associate Agreement and for a period of five (5) years after the termination or expiration of the Independent Associate Agreement between you and Us, you shall not:
I. Use the information in the Reports to compete with APLGO US or for any purpose other than promoting your business;
II. Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of the genealogy in another network marketing company.
8.3 Breach and Remedies
The Independent Associate acknowledges that such 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 APLGO US and to independent APLGO US businesses. The Company and its Independent Associates will be entitled
to injunctive relief or to recover damages against any Independent Associate who violates this provision 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.
8.4 Return of Materials
Upon demand by the Company, any current or former Independent Associate will return the original and all copies of all “Reports” to the Corporate office together with any other Company confidential information in such person’s possession. Independent Associate shall contact Corporate office to return materials at USA.Compliance@APLgo.us.