Six Sigma Social
POLICIES & PROCEDURES
- Policies and Compensation Plan Incorporated into Influencer Agreement; Amendments.
These Policies and Procedures, in their present form and as amended at the sole discretion of Six Sigma Social (hereafter “Six Sigma Social” or the “Company”), are incorporated into the Six Sigma Social Influencer Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Six Sigma Social Influencer Agreement, the Policies and Procedures, the Six Sigma Social Compensation Plan, and the Six Sigma Social Business Entity Addendum (the Business Entity Addendum is only applicable to Influencers who enroll as a business entity). Influencers shall be referred to herein as “Influencers.” The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in the Influencer’s Six Sigma Social Influencer Suite, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. An Influencer may cancel his/her Six Sigma Social business at any time and for any reason.
- Policies and Provisions Severable.
If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of an Influencer against Six Sigma Social shall not constitute a defense to Six Sigma Social’s enforcement of any term or provision of the Agreement.
- Term and Renewal of Six Sigma Social Business.
The term of the Influencer Agreement is one year from the date of enrollment. Influencer must renew their Influencer Agreement each year. Influencers will be reminded of their upcoming renewal through their Six Sigma Social Influencer Suite. At that time, Influencers may elect to cancel their business. If an Influencer does not cancel, his or her business will be automatically renewed and the renewal fee will be charged to the credit card he/she has on file with the Company. The renewal fee is US $79.00.
The term of this Agreement is month-tomonth. It automatically renews for an additional month upon the Influencer’s payment of his/her Six Sigma Social Networking and Great Discovery fee. An Influencer’s failure to pay his/her fee will result in the suspension of his/her Six Sigma Social business until the fee is paid. If the fee is not paid for two consecutive months, the Influencer’s Six Sigma Social business will be permanently cancelled. Annual/monthly renewal fees are optional in North Dakota.
- Independent Contractor Relationship.
Influencers are independent contractors and not employees of Six Sigma Social. In all written, graphic, or digital material used for Six Sigma Social business purposes, Influencers must represent themselves as an “Independent Six Sigma Social Influencer.” In verbal conversations with prospective Influencers and customers, Influencers must introduce themselves as an “Independent Six Sigma Social Influencer.” Influencers shall not lead anyone to believe that they are employees of Six Sigma Social.
- General Conduct. Influencers shall safeguard and promote the good reputation of Six Sigma Social and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in 2 their personal and professional conduct. Influencers shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which Influencers must adhere pursuant to this policy, the following standards specifically apply to Influencers’ activities:
- Deceptive conduct is always prohibited. Influencers must ensure that their statements are truthful, fair, accurate, and are not misleading;
- If an Influencer’s Six Sigma Social business is cancelled for any reason, the Influencer must discontinue using the Six Sigma Social name, and all other Six Sigma Social intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
- Influencers may not represent or imply that any state or federal government official, agency, or body has approved or endorses Six Sigma Social, its program, or products.
- Influencers must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in the course of their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force.
- Social Media. In addition to meeting all other requirements specified in these Policies, should an Influencer utilize any form of social media in connection with their Six Sigma Social business, including but not limited to blogs, Facebook, Twitter, LinkedIn, YouTube, or Pinterest, the Influencer agrees to each of the following:
- Influencers are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media site that they own, operate, or control.
- Influencers shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
- No product sales or enrollments may occur on or through any social media site. To process sales or enrollments, a social media site must link only to the Influencer’s Six Sigma Social personalized website, Six Sigma Social’s corporate website or an official Six Sigma Social corporate social media page.
- Any social media site that is directly or indirectly operated or controlled by an Influencer that is used to discuss or promote Six Sigma Social’s products, or the Six Sigma Social opportunity may not link to any website, social media site, or site of any other nature that promotes the products, services, or business program of any direct 3 selling company other than Six Sigma Social.
- During the term of this Agreement and for a period of 12 calendar months thereafter, an Influencer may not use any social media site on which they discuss or promote, or have discussed or promoted, the Six Sigma Social business or Six Sigma Social’s products to directly or indirectly solicit Six Sigma Social Influencers for another direct selling or network marketing program (collectively, “direct selling”). In furtherance of this provision, an Influencer shall not take any action on a social media site that may reasonably be foreseen to draw an inquiry from other Influencers relating to the Influencer’s other direct selling business activities. Violation of this provision shall constitute a violation of the nonsolicitation provision in Policy ___________.
- An Influencer may post or “pin” photographs of Six Sigma Social products on a social media site, but only photos that are provided by Six Sigma Social and downloaded from the Influencer’s Six Sigma Social Influencer Suite may be used.
- If an Influencer creates a business page on any social media site to promote or relates to Six Sigma Social, its products, or opportunity, the page may not promote or advertise the products or opportunity of any network marketing business other than Six Sigma Social and its products. If the Influencer’s Six Sigma Social business is cancelled for any reason or if the Influencer becomes inactive, the Influencer must deactivate the page.
- Influencer Created Marketing Methods, Advertising, and Promotional Material (Sales Tools).
To ensure that the Sales Tools are not deceptive, contain only substantiated claims, and properly identify Six Sigma Social’s trademarks and copyrights, all Influencer created Sales Tools must be submitted to the Company and receive written approval before they can be used or made public. Influencers who receive written authorization from Six Sigma Social to produce and publish Sales Tools may make approved Sales Tools available to other Influencers free of charge if they wish, but may not sell the Sales Tools to other Six Sigma Social Influencers (any sale or attempt to sell Sales Tools to another Influencer will result in the termination of the offending Influencer’s Six Sigma Social business). Six Sigma Social reserves the right to rescind approval for any approved Sales Tools, and Influencers waive all claims against Six Sigma Social, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission. Approved Sales Tools will be posted in the Marketing Library section of Influencers’ Six Sigma Social Influencer Suite, and will be available for all Influencers’ use free of charge. The Influencer(s) who created the Sales Tools grants Six Sigma Social and other Independent Influencers an irrevocable license to use the Sales Tools for Six Sigma Social business purposes at its discretion, and waives all claims, including but not limited to intellectual property right claims, and/or claims for remuneration against Six Sigma Social, its officers, directors, owners, agents, and other Independent Influencers for such posting and/or use of the Sales Tools.
Influencers must use only Six Sigma Social approved sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the Six Sigma Social business or Six Sigma Social’s products or services. These materials are available in the Document Library of Influencer’s Six Sigma Social Influencers Suite. 4 Approved Sales Tools will be posted in the Document Library section of Influencers’ Six Sigma Social Influencer Suite and will be made available to all Influencers free of charge. The Influencer who submitted the Sales Tool to the Company waives all claims to remuneration for such use and grants Six Sigma Social an irrevocable license to use the Sales Tools as the Company deems appropriate.
- Trademarks and Copyrights. The name “Six Sigma Social” and other names as may be adopted by the Company are proprietary trade names, trademarks and service mark of Six Sigma Social. The Company grants Influencers a limited license to use its trademarks and trade names in promotional media for so long as the Influencer’s Agreement is in effect. Upon cancellation of an Influencer’s Agreement for any reason, the license shall expire and the Influencer shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Influencer use any of Six Sigma Social’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools.
Six Sigma Social commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Influencers, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Influencers may not record company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.
In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Influencers shall not copy any such materials for their personal or business use without the Company’s prior written approval.
- Influencer Websites. Influencers may/may not create their own websites to promote their Six Sigma Social business or Six Sigma Social’s products and services. Official Six Sigma Social supplied personalized websites are the only online forum through which Six Sigma Social products may be sold and new Six Sigma Social Influencer enrollments may be transacted (prohibited online forums include, but are not limited to, Influencers’ external websites, online auctions and classified listings). Notwithstanding the foregoing, Influencers may create one external website to promote their Six Sigma Social business and Six Sigma Social products, but such external website must comply with the following:
- External websites may not take and/or process product or service orders, sales or enrollments.
- The external site must be directed to the Influencer’s personalized website to process sales and/or enrollments.
- All external websites must clearly and conspicuously identify the Influencer who is operating the external website, and must clearly and conspicuously disclose that he/she is a Six Sigma Social Independent Influencer, and that the site is not Six Sigma Social’s corporate website. Websites that do not identify the promoter of the site and/or that he/she is promoting Six Sigma Social’s products or the Six Sigma Social opportunity (so called “blind” websites), are not permitted.
- Upon cancellation of an independent Influencer’s Six Sigma Social Agreement for any reason, the former Influencer must immediately remove the external site from the internet;
- The external website must exclusively promote Six Sigma Social’s products and Six Sigma Social’s opportunity.
- Prior to going live with an external website, the Influencer must submit a beta site to the Company for review and receive the Company’s written authorization to use the website. Following approval, any amendments to the Site must also be submitted to the Company and receive written approval before going live.
Six Sigma Social reserves the right to rescind approval for any approved external website, and Influencers waive all claims against Six Sigma Social, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission.
- Retail Outlets. To support the Company’s direct selling distribution channel and to protect the independent contractor relationship, Influencers agree that they will not sell Six Sigma Social products in any retail, wholesale, warehouse, or discount establishment without prior written approval from Six Sigma Social. Notwithstanding the foregoing, Influencers may display and sell Six Sigma Social products at professional trade shows.
- Service Related Establishments. Influencers may promote and sell Six Sigma Social products in service-related establishments. A service-related establishment is one whose primary revenue is earned by providing personal service rather than by selling products. Such establishments include offices of accountants, mortgage brokers, and other business where customer use of the establishment is controlled by membership or appointment. Six Sigma Social reserves the right to make the final determination as to whether an establishment is servicerelated or is a proper place for the sale of its products.
- Change of Sponsor. The only means by which an Influencer may legitimately change his/her sponsor are by:
- Voluntarily canceling his/her Six Sigma Social business in writing and remaining inactive for six (6) full calendar months. Following the six-calendar month period of inactivity, the former Influencer may reapply under a new sponsor. The Influencer will lose all rights to his/her former downline organization upon his/her cancellation; or
- Submitting a written request to the Company at 3370 N. Hayden Road, Ste 123-320, Scottsdale, AZ 85251 for a change of sponsor. The Influencer requesting the transfer must also submit written and signed transfer authorization forms from his/her immediate _________ upline Influencers.
- Waiver of Claims. In cases, wherein an Influencer improperly changes his/her sponsor Six Sigma Social reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Influencer in his/her second line of sponsorship. INFLUENCERS WAIVE ANY AND ALL CLAIMS AGAINST SIX SIGMA SOCIAL ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM SIX SIGMA SOCIAL’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN INFLUENCER WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
- Product of Claims. Influencers must not make claims, including but not limited to testimonials, about Six Sigma Social’s products or services that are not contained in official Six Sigma Social literature or posted on Six Sigma Social’s official website.
- Income Claims. When presenting or discussing the Six Sigma Social opportunity or Compensation Plan to a prospective Influencer, Influencers may not make income projections, income claims, income testimonials, or disclose their Six Sigma Social income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Six Sigma Social Influencer. Nor may Influencers make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Influencer is able to enjoy a luxurious or successful lifestyle due to the income they earn from their Six Sigma Social business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that an Influencer was able to quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations.
- Compensation Plan and Program Claims. When presenting or discussing the Six Sigma Social compensation plan, you must make it clear to prospects that financial success in Six Sigma Social requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves.
Misrepresentations in this area include, but are not limited to:
- It’s a turnkey system.
- The system will do the work for you.
- Just get in and your downline will build through spillover.
- Just join and I’ll build your downline for you
- The Company does all the work for you.
- You don’t have to sell anything.
- All you have to do is buy your product every month.
The above are just examples of improper representations about the compensation plan and the Company’s program. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful as an Influencer without commitment, effort, and sales skill.
- Media Inquiries. Influencers must not interact with the media regarding the Six Sigma Social business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to Six Sigma Social’s marketing department.
- Non-solicitation. Six Sigma Social Influencers are free to participate in other network marketing programs. However, during the term of this Agreement and for one year thereafter, with the exception of an Influencer’s personally sponsored downline Influencers, an Influencer may not directly or indirectly Recruit other Six Sigma Social Influencers for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another Six Sigma Social Influencer to enroll or participate in another network marketing opportunity. This conduct constitutes Recruiting even if the Influencer’s actions are in response to an inquiry made by another Influencer or customer.
If an Influencer is engaged in other non-Six Sigma Social business or Network Marketing program, it is the responsibility of the Influencer to ensure that his or her Six Sigma Social business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Influencer must not:
- Display Six Sigma Social promotional material, sales aids, or products with or in the same location as, any non-Six Sigma Social promotional material or sales aids, products or services (Pinterest and similar social media sites are exempt from this policy).
- Offer the Six Sigma Social opportunity, products or services to prospective or existing customers or Influencers in conjunction with any non-Six Sigma Social program, opportunity or products.
- Offer, discuss, or display any non-Six Sigma Social opportunity, products, services or opportunity at any Six Sigma Social-related trunk-show, meeting, seminar, convention, webinar, teleconference, or other function.
Six Sigma Social and Influencer agree that any violation of this policy shall cause Six Sigma Social irreparable harm for which there is no adequate remedy at law, and the injury to Six Sigma Social shall outweigh the potential injury to Influencer, and therefore Six Sigma Social shall be entitled to emergency and permanent injunctive relief to prevent further violations of this policy.
- Handling Personal Information. receive Personal Information from or about prospective Influencers or customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential customers, Influencers and prospective Influencers’ name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.
- Confidential Information. “Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Six Sigma Social’s Influencers and/or customers: (a) that is contained in or derived from any Influencers’ respective Six Sigma Social Influencer Suite; (b) that is derived from any reports issued by Six Sigma Social to Influencers to assist them in operating and managing their Six Sigma Social business; and/or (c) to which an Influencer would not have access or would not have acquired but for his/her affiliation with Six Sigma Social. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Six Sigma Social and is provided to Influencers in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Influencer’s use in building and managing his/her Independent Six Sigma Social business.
Any violation of this policy shall cause Six Sigma Social irreparable harm for which there is no adequate remedy at law. The parties further agree that the harm to Six Sigma Social shall outweigh any harm to Influencer if injunctive relief is awarded to the Company. Six Sigma Social shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of this policy.
- Bonus Buying. Bonus buying is strictly prohibited. Bonus buying is the purchase of merchandise for any reason other than bona fide resale or use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end user consumers for actual use.
- Limitations on Influencer. Influencers may own, operate, control, or have an interest in, only one Six Sigma Social position. Spouses or couples are allowed to share an influencer position or have their own individual influencer position. If Spouses or couples are sharing an influencer position both persons are allowed to join the Six Sigma Social Facebook groups. If Spouses or couples are sharing an Influencer position only one certification will be printed for Six Sigma Social Networking and Six Sigma Great Discovery products upon completion.
- Actions of Affiliated Parties and Household Members. The term “Business Entity” shall mean any corporation, partnership, limited liability company, trust or other entity that owns or operates a Six Sigma Social independent business. The term “Affiliated Party” shall mean any individual, partnership, trust, limited liability company, or other entity that has an ownership interest in, or management responsibility for, a Business Entity.
A Business Entity and each Affiliated Party must comply with the Agreement. If a Business Entity and/or any Affiliated Party violates the Agreement, Six Sigma Social may take disciplinary action against the Business Entity and/or against any or all of the Affiliated Parties. In addition, if a household family member of an Influencer engages in conduct that would be a violation of the Agreement, the conduct of the household family member may be imputed to the Influencer.
- Negative Comments. Complaints and concerns about Six Sigma Social should be directed to the customer Service Department. Influencers must not disparage, demean, or make negative remarks to third parties or other Influencers about Six Sigma Social, its owners, officers, directors, management, other Six Sigma Social Influencers, the Marketing and Compensation plan, or Six Sigma Social’s directors, officers, or employees. Disputes or disagreements between any Influencer and Six Sigma Social shall be resolved through the dispute resolution process, and the Company and Influencers agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
- Sales Receipts. Influencers must provide their retail customers that purchase services or merchandise directly from the Influencer with two copies of an official Six Sigma Social sales receipt at the time of the sale and advise them of the three day right to rescind the transaction, which is set forth on the receipt. Influencers must maintain all retail sales receipts for a period of two years and furnish them to Six Sigma Social at the Company’s request. Sales receipts can be accessed in the Influencers and Customers Suite. Retail customers who purchase from an Influencer’s Six Sigma Social Suite need not be provided with a sales receipt as the receipt will automatically be sent by the Company via email at the time the order is placed.
- Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to Six Sigma Social for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs, and continuing every pay period thereafter until the commission is recovered, from the upline Influencers who received bonuses and commissions on the sales of the refunded products.
Six Sigma Social reserves the right to withhold or reduce any Influencer’s compensation as it deems necessary to comply with any garnishment or court order directing Six Sigma Social to retain, hold, or redirect such compensation to a third party.
- Return of Sales Aids by Influencers Upon Cancellation or Termination. Upon cancellation or termination of an Influencer’s Agreement, the Influencer may return Sales Tools that he or she personally purchased from Six Sigma Social within 12 months prior to the date of cancellation (the one year limitation shall not apply to residents of Maryland, Massachusetts, Wyoming and Puerto Rico) so long as the goods are in currently marketable condition. Upon the Company’s receipt of returned goods and confirmation that they are in currently marketable condition, the Influencer will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition" if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, or which has passed it commercially reasonable usable or shelflife, is not in currently marketable condition. The merchandise must be returned within 30 days from the date of cancellation/termination. Six Sigma Social Influencer Suite fees are not refundable except as may be required under applicable state law.
- Order Cancellation. Federal and state law requires that Influencers notify their retail customers that they have three business days (5 business days for Alaska residents, 15 days for residents of North Dakota over the age of 65. Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon cancellation of their subscription. Influencers shall verbally inform their customers of this right, shall provide them with TWO copies of a retail receipt at the time of the sale, and shall point out this cancellation right stated on the receipt. In addition, Six Sigma Social offers retail customers a 7-day money back guarantee on Six Sigma Social Networking and Six Sigma Wealth Management if the retail customer cancels his/her product subscription within 7 days from the date of sale.
- Montana Residents. A Montana resident may cancel his or her Influencer Agreement within 15 days from the date of enrollment, and may return his or her Sales Tools and products he or she purchased from the Company for a full refund within such time period.
- Disciplinary Sanctions. Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Influencer that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of the Influencer’s Six Sigma Social business, and/or any other disciplinary measure that Six Sigma Social deems appropriate to address the misconduct. In situations deemed appropriate by Six Sigma Social, the Company may institute legal proceedings for monetary and/or equitable relief.
- Indemnification. Influencers agree to indemnify Six Sigma Social for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Six Sigma Social incurs resulting from or relating to any act or omission by Influencer that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Six Sigma Social may elect to exercise its indemnification rights through withholding any compensation due the Influencer. This right of setoff shall not constitute Six Sigma Social’s exclusive means of recovering or collecting funds due Six Sigma Social pursuant to its right to indemnification.
- Effect of Cancellation. An Influencer whose business is cancelled for any reason will lose all Influencer rights, benefits and privileges. This includes the right to represent yourself as an Independent Six Sigma Social Influencer, to sell Six Sigma Social products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Influencer and the Influencer’s former downline sales organization. There is no whole or partial refund for renewal fees if an Influencer’s business is cancelled.
- Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by cancelling his/her business through the Six Sigma Social Influencer Suite. The written notice must include the Influencer’s signature, printed name, address, and Influencer I.D. Number. If an Influencer is also on the Autoship program, the Influencer’s Autoship order shall continue unless the Influencer also specifically requests that his or her Autoship Agreement also be canceled. An Influencer may also voluntarily cancel his/her Six Sigma Social business by failing to renew the Agreement on its monthly/annual anniversary date or by withdrawing consent to contract electronically.
- Cancellation for Inactivity. If a social influencer fails to acquire at least (1) retail customer and personally enroll at least (1) social influencer within their first (90) days, his/her Influencer Agreement and Six Sigma Social business will be cancelled for inactivity. Their status will be converted to "retail customer" and they will be charged the price of $49.95/mo for the social network training.
- Business Transfers. Influencers in good standing who wish to sell or transfer their business must receive Six Sigma Social’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to the Compliance Department at firstname.lastname@example.org. It is within Six Sigma Social’s discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved. Prior to transferring a business to a third party, the Influencer must offer Six Sigma Social the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.
- Transfer Upon an Influencer’s Death. An Influencer may devise his/her business to his/her heirs. Because Six Sigma Social cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.), and Six Sigma Social will transfer the business and issue commissions to the business entity. In the case of a business transfer via testamentary instrument, the beneficiary of the business must provide Six Sigma Social with certified letters testamentary and written instructions of the trustee of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a Six Sigma Social Influencer Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled.
- Business Distribution Upon Divorce. Six Sigma Social is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Six Sigma Social will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Six Sigma Social business must also execute and submit a Six Sigma Social Influencer Agreement within 30 days from 11 the date on which the divorce becomes final or the business will be cancelled.
- Dissolution of a Business Entity. Six Sigma Social is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in the event that a business entity that operates a Six Sigma Social business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Six Sigma Social business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its Six Sigma Social business, it must do so pursuant to Policy 37. In addition, the recipient of the Six Sigma Social business must also execute and submit a Six Sigma Social Influencer Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Six Sigma Social business will be cancelled.
- Assignment and Delegation by Six Sigma Social. Six Sigma Social shall not assign its rights in the Agreement of any individual Influencer to any third-party without the written consent of the Influencer. Notwithstanding the foregoing, if the assets of Six Sigma Social, or a controlling ownership interest in Six Sigma Social, is transferred to a third party, Six Sigma Social may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.
- Inducing Influencers to Violate the Agreement. Influencers shall not induce, encourage, or assist another Influencer to violate the Agreement.
- Reporting Errors. If an Influencer believes that Six Sigma Social has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Influencer’s income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While Six Sigma Social shall use its best efforts to correct errors reported more than 60 days after the date of the error, Six Sigma Social shall not be responsible to make changes or remunerate Influencers for losses for mistakes that are reported more than 60 days after the mistake occurs.
- International Activities. Influencers may not sell Six Sigma Social products in any international market, or conduct business activities of any nature, in any foreign country that the Company has not announced is officially open for business.
- Dispute Resolution
- Confidential Arbitration. Except as
otherwise provided in the Agreement, if a
claim is not resolved through mediation,
any controversy or claim seeking arises
out of or relates to the Agreement, the
breach thereof, or the Six Sigma Social
business shall be settled through binding
confidential arbitration. The Parties waive
rights to trial by jury or to any court. The
arbitration shall be filed with, and
administered by JAMS in accordance with
the Rules and Procedures, which are
available on the JAMS website at
GC.aspx?xpST=RulesClauses . Copies of
JAMS Rules and Procedures will also be
emailed to Influencers upon request to Six
Sigma Social’s customer Service
Department. Notwithstanding the rules of
JAMS, unless otherwise stipulated by the
Parties, the following shall apply to all
- The Federal Rules of Evidence shall apply in all cases;
- The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah, without regard to principles of conflicts of laws, shall govern all other matters relating to or arising from the Agreement and the Six Sigma Social business;
- The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
- The Parties shall be allotted equal time to present their respective cases;
All arbitration proceedings shall be held in Scottsdale, Arizona or in another forum of your choice. The parties may select a mutually agreeable neutral arbitrator. If the parties do not agree on an arbitrator within 60 days from the date on which the arbitration is filed, the petitioner shall request that the AAA appoint an arbitrator. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
- Remedies that are available to you under applicable federal, state or local laws remain available under this arbitration policy.
- If you institute arbitration against Six Sigma Social, the only arbitration fee you will be required to pay is $250. All other arbitration fees shall be borne by Six Sigma Social including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You shall be responsible for paying your own attorney’s fees, expert witness fees, and costs associated with prosecuting your case. If Six Sigma Social initiate arbitration, Six Sigma Social will be responsible to pay all costs associated with the arbitration.
- The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
- The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
- The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding;
- The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
- The terms or amount of any arbitration award;
- The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and all evidence associated with the arbitration, and shall not disclose to any third party:
If a Party violates its confidentiality obligations under this arbitration policy, the nonbreaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of this policy, the non-breaching Party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, and $25,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence or allegations relating to the dispute to any individual who is, or who may be, a witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty.
- Confidential Arbitration. Except as otherwise provided in the Agreement, if a claim is not resolved through mediation, any controversy or claim seeking arises out of or relates to the Agreement, the breach thereof, or the Six Sigma Social business shall be settled through binding confidential arbitration. The Parties waive rights to trial by jury or to any court. The arbitration shall be filed with, and administered by JAMS in accordance with the Rules and Procedures, which are available on the JAMS website at http://www.jamsadr.com/rulesclauses/xpq GC.aspx?xpST=RulesClauses . Copies of JAMS Rules and Procedures will also be emailed to Influencers upon request to Six Sigma Social’s customer Service Department. Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:
- Disputes Not Subject Arbitration
- Small Claims. You may seek remedies in small claims court for disputes or claims within the scope of the jurisdiction of the small claims court in the jurisdiction in which you reside so long as it is the only forum in which the dispute is pending.
- Equitable Relief. Notwithstanding the foregoing arbitration agreement, nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect the party’s intellectual property, trade secrets, and/or confidential information, including but not limited to enforcement of its rights under the Non-solicitation provisions of the Agreement.
- Class Action Waiver. All disputes arising from or relating to the Agreement, or arising from or relating to the Six Sigma Social business, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration or lawsuit against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as an Influencer. Submit your written opt out notice to the Company at 3370 N Hayden Road, Ste 123-320, Scottsdale, AZ 85251.
- Liquidated Damages. In any case which arises from or relates to the wrongful termination of an Influencer’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of an Influencer’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Influencer’s sole remedy shall be liquidated damages calculated as follows:
- For Influencers liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to Six Sigma Social’s Compensation Plan in the twelve (12) months immediately preceding the termination.
Gross compensation shall include commissions and bonuses earned by the Influencer pursuant to Six Sigma Social’s Compensation Plan as well as retail profits earned by Influencer for the sale of Six Sigma Social merchandise. However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Influencer to customers at the time of the sale.
The Parties agree that the foregoing liquidated damage schedule is fair and reasonable.
An Influencer’s “Paid As” rank is the rank or title at which they actually qualified to earn compensation under the Six Sigma Social Compensation Plan during a payperiod. For purposes of this Policy, the relevant pay-period to determine an Influencer’s “Paid As” rank is the payperiod during which the Influencer’s business is placed on suspension or terminated, whichever occurs first. The “Paid As” rank differs from the “Title Rank,” which is the highest title or rank that an Influencer has ever achieved under the Six Sigma Social Compensation Plan.