POLICIES & PROCEDURES
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SECTION 1: INTRODUCTION
1.1 Understanding Policies, Success Plan and Independent Global Advocate Agreement These Policies and Procedures, in their present form and as may be amended by Mango & Moose Corp., hereafter “Mango & Moose” or the “Company") from time to time, are incorporated into and form a material part of the Mango & Moose Independent Global Advocate Agreement. It is the responsibility of each independent contractor (hereinafter referred to as “Global Advocate”) to read, understand, adhere to, and ensure that she or he is in full compliance with the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Mango & Moose Independent Global Advocate Agreement, these Policies and Procedures and the Mango & Moose Success Plan. These documents are incorporated by reference into the Mango & Moose Independent Global Advocate Agreement (all in their current form and as may be amended by Mango & Moose from time to time). All capitalized terms used in this document shall have the meaning given to them in the body of the document or in the definitions that appear at the end of the document. 1.2 Changes to the Agreement Mango & Moose reserves the right to amend or modify the Agreement, including these Policies and Procedures, the Mango & Moose Success Plan and its product prices in its sole and absolute discretion. By executing the Independent Global Advocate Agreement, a Global Advocate agrees to abide by all amendments or modifications that Mango & Moose elects to make. Substantive amendments or modifications shall be effective after publication of notice that the Agreement has been amended or modified. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Mango & Moose Global Advocate’s Account Home Page, (2) Mango & Moose email, or (3) in Mango & Moose’s e-newsletter. It is the Global Advocates responsibility to follow the media continuation of a Global Advocate’s Mango & Moose business, the acceptance of any benefits under the Agreement or a Global Advocate’s acceptance of Global Affiliate Rewards or Commissions constitutes acceptance of all amendments. SECTION 2: BECOMING A GLOBAL ADVOCATE 2.1 Requirements to Become a Global Advocate To become a Mango & Moose Global Advocate, each applicant must: Any proprietorship doing business under an assumed name (business name) must also submit a copy of the applicable governmental registration for the business name. A business entity (i.e., a corporation, partnership or trust) applying to become a Global Advocate must submit applicable incorporation/formation documents, and information concerning directors, officers, partners, trustees, shareholders, as required by Mango & Moose.
2.2 Independent Contractor Status Each Global Advocate is an independent contractor, acting in the capacity of a wholly independent marketing representative who establishes and services Customers for products. A Global Advocate’s status as such does not constitute either a sale of a security, franchise or a distributorship (exclusive or otherwise), and absolutely no fees have been or will be required from him/her for joining as a GA to distribute Company products pursuant to the Agreement. The Agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership, or joint venture between the Global Advocate and any other participant in Company’s Success Plan and/or the Company. Global Advocates will: (i) comply with all applicable federal, provincial and local laws, rules and regulations pertaining to this Agreement, including the sale, distribution and advertising of Company products, and (ii) at their own expense, complete all filings, and obtain such licenses as are required by applicable federal, provincial and local laws, rules and regulations, with respect to the Agreement and their activities as a Global Advocate. Global Advocates have no authority to bind Company to any obligation. It is each Global Advocate’s responsibility to pay all respective income, local or applicable taxes as an independent contractor. Global Advocates are (i) not eligible for employee benefits, such as unemployment compensation, worker’s compensation or minimum wages, and (ii) encouraged to set their own hours and to supply all of their own equipment and tools for operating their Company business, such as telephones, transportation, professional services, office equipment and supplies. Further, Global Advocates should determine their own methods of sale, so long as they comply with the policies of Company. Without limiting the generality of the foregoing, as a Global Advocate, he/she shall be fully responsible for (1) all applicable federal and provincial withholding taxes, source deductions, PST, GST, HST, income tax, other taxes, employment insurance premiums, Canada Pension Plan contributions, worker’s compensation contributions or provincial employee health tax contributions and other levies, premiums, license requirements and fees related to his/her earnings and activities as a Global Advocate, and (2) all expenses incurred in connection with the operation of his/her Company-related business, including but not limited to travel, meals, accommodation, secretarial, office, telephone and other business expenses. Certain Canadian provinces require individuals operating as a direct seller in their province to obtain a direct sellers license. Global Advocates must submit a completed and signed application to Mango & Moose to obtain a direct sellers license, if applicable, within thirty (30) days of their enrollment as a Global Advocate. After thirty (30) days, Global Advocates’ commissions will be withheld until their application is received. All withheld commissions will be paid when the license is received. A full list of provincial direct seller license requirements including links is located in each Global Advocate’s Account Home Page under Global Advocate Resources > Canadian Direct Seller Licensing. 2.3 Global Advocate Benefits Once an Independent Global Advocate Agreement has been accepted by Mango & Moose, the benefits of the Success Plan and the Independent Global Advocate Agreement are available to the new Global Advocate. These benefits include the ability of the Global Advocate to:
2.4 Term and Renewal of Your Mango & Moose Independent Global Advocate Agreement
The term of the Independent Global Advocate Agreement is twelve (12) months from the date of its acceptance by Mango & Moose. Global Advocates must renew their Independent Global Advocate Agreement each year in line with Mango & Moose announced renewal requirements.
SECTION 3: OPERATING A MANGO & MOOSE BUSINESS 3.1 Adherence to the Mango & Moose Success Plan Global Advocates must adhere to the terms of the Mango & Moose Success Plan as set forth in these Policies & Procedures and other official Mango & Moose literature. Global Advocates shall not offer the Mango & Moose opportunity through, or in combination with, any other system, program, sales tools or method of marketing other than that specifically set forth in official Mango & Moose literature. Global Advocates shall not cross-promote other sales opportunities to other current or prospective Global Advocates. Similarly, Global Advocates shall not require or encourage other current or prospective Customers or Global Advocates to make any purchase from, or payment to, any individual or other entity or encourage any individual or other entity to participate in the Mango & Moose Success Plan other than purchase of the Curator Kit by new Global Advocates. 3.2 Single Global Advocate Account
A Global Advocate may hold only one (1) account. A person may not be a party to more than one (1) Independent Global Advocate Agreement or hold, directly or indirectly, any interest in any additional Independent Global Advocate Agreements, including an Independent Global Advocate Agreement operated by a business entity. Immediate members of a family (mother, father, daughter, son, grandparents) who live in the same household may enter into individual Independent Global Advocate Agreements. Members of a household who wish to enroll must enroll under the lineage of the first enrolling household member. 3.3 Co-Applicants Mango & Moose will accept co-applicants if same co-applicants are husbands/wives/spouses and living in the same household. Mango & Moose will allow a Dependent remaining on a Global Advocate’s account as a co-applicant in the event the Dependent has turned eighteen (18) and is still being claimed as a ‘dependent’ according to CRA guidelines. If a Global Advocate enrolls and her or his spouse, family member, friend or business partner also wishes to become a Global Advocate under the same account, the Global Advocate and individual must enroll as a corporation or other form of business entity. To register a business entity, please contact your applicable Provincial or Territorial government office regarding how to apply. Two Global Advocates who choose to marry must amalgamate their individual Global Advocate positions.
3.4 Dependents A Global Advocate's minor child who falls between the ages of twelve (12) and seventeen (17) years of age may be added to the Global Advocate's Agreement as a “Dependent” for recognition purposes only. “Recognition Purposes” shall be defined to mean that Dependents: (i) will be listed in a special field under the primary Global Advocates account; and (ii) shall be entitled to receive special awards and recognition at the annual convention and other Company sponsored events. Dependents will not, however, be entitled to receive Personal Retail Volume or other monies owed to the primary Global Advocate account holder. 3.4.1 Global Advocate’s Responsibilities Regarding Dependents The authorized adult working with the Dependent will be the party to the Independent Global Advocate Agreement, and will be fully responsible for the fulfillment of the minor’s responsibilities and obligations under the Independent Global Advocate Agreement. Any act by the adult will be attributed to the minor, and any act by the minor will be attributed to the adult. As the parent/legal guardian, a Global Advocate understands that Dependents will not be entitled to receive Personal Retail Volume or other monies owed to the primary Global Advocate Account holder. 3.4.2 When an Dependent Turns 18 or is no Longer a ‘Dependent’
As long as a Global Advocate claims a former Dependent as a ‘dependent’ according to the Canada Revenue Agency (“CRA”) guidelines, the former Dependent will be allowed to participate as a co-applicant on the parent/legal guardian’s account. Such former Dependent must sign a form which states they are a dependent of the main account holder, and acknowledge that a CAN Form T4A will be sent to the holder of the social security number on the account. A former Dependent may remain on a Global Advocate’s account as a co-applicant from the time they turn 18 until they are no longer considered a dependent of the Global Advocate pursuant to CRA guidelines (see Section 3.3 above). Once a former Dependent turns 18 or is no longer considered a dependent of the Global Advocate according to CRA guidelines, there are three options: (1) the Dependent may create a new Global Advocate account and will have the option to purchase a Curator Kit for the new account; (2) the Global Advocate may transfer the account to the Dependent; or (3) if the Dependent prefers to become a Global Advocate under the same account, the account must be converted to an LLC or other form of business entity. 3.5 Changes to a Business Entity It is the Global Advocate’s responsibility to immediately notify the Mango & Moose GA Support Team at GASupport@mangoandmoose.com of any change to the type of business entity currently listed on the Global Advocate’s account or the addition or removal of a party member. In the event of a change of control in a business impacting a Global Advocate’s account, arrangements must be made to ensure the Agreement, as well as the Global Advocate’s Upline and Downline, are not adversely affected. Mango & Moose reserves the right to determine whether such change of control will adversely affect the Independent Global Advocate Agreement or the Global Advocate’s Upline and Downline, and may terminate the Agreement if necessary. Upon a change of control, the new or surviving entity must maintain and meet all requirements set forth in the Independent Global Advocate Agreement. Failure to notify the Mango & Moose GA Support Team at GASupport@mangoandmoose.com within thirty (30) days of any changes to a business entity may result in the termination of the Global Advocate’s account.
3.6 Actions of Household Members If any individual living in the same primary residence of a Global Advocate engages in any activity which, if performed by the Global Advocate, would violate any provision of the Independent Global Advocate Agreement, including these Policies and Procedures, such activity will be deemed a violation by the Global Advocate, and Mango & Moose may take appropriate disciplinary action against the Global Advocate. 3.7 International Sponsoring and Sales Global Advocates are authorized to sell Mango & Moose products and/or services and enroll Global Advocates only in those countries or regions that are announced as open for Mango & Moose business, unless otherwise approved in writing by the Company. Mango & Moose products or sales aids may not be shipped into or sold in any unauthorized foreign country or region. Global Advocates in Canada may not do any of the following things outside the countries or regions that are announced as open for Mango & Moose business: 3.8 Excess Inventory
Global Advocates should never purchase more product(s) than they can use or sell to customers in a reasonable time period, and must not influence or attempt to influence any other Global Advocate to buy more products than she or he can reasonably use or sell. To prevent stockpiling of excess inventory, Global Advocates must certify that they have sold at least seventy percent (70%) of the Mango & Moose products purchased in their previous product order prior to placing a new order. Mango & Moose's obligation to repurchase products will not apply with respect to any Mango & Moose products that a Global Advocate claimed were previously sold. Falsely representing the sale of Mango & Moose products shall be grounds for termination of an Independent Global Advocate Agreement.
3.9 Global Affiliate Rewards Buying Prohibited
Buying product for any reason other than bona fide resale (or for personal use in reasonable amounts) is not permitted. Without limiting the generality of the foregoing, Global Affiliate Rewards buying is strictly prohibited. "Global Affiliate Rewards buying" includes: (i) the enrollment of individuals or entities without knowledge of and/or execution of the Independent Global Advocate Agreement by such individuals and entities; (ii) the fraudulent enrollment of an individual or entity as an Mango & Moose Global Advocate; (iii) the enrollment or attempted enrollment of non-existent individuals or entities as Global Advocates; (iv) the use of a credit card by or on behalf of a Global Advocate when the Global Advocate is not the account holder of such credit card; (v) a Mentor purchasing a Global Advocate’s Curator Kit; and (vi) any other mechanism by which strategic purchases are made to maximize Commissions or Global Affiliate Rewards when an Global Advocate has no bona fide use for the products purchased.
3.10 Taxes
Each Global Advocate is responsible for paying local, provincial and federal taxes on any income generated as a Global Advocate. The Company cannot provide a Global Advocate with any personal tax advice. Global Advocates should consult their own tax accountant, tax attorney or other tax professional. If a Global Advocate’s Mango & Moose business is tax-exempt, the federal Business Number must be provided to Mango & Moose.
3.11 Adherence to Laws and Ordinances
Global Advocates shall comply with all federal, provincial/territorial and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Global Advocates because of the nature of their business, however, Global Advocates must obey those laws that apply to them.
3.12 Account Home Page Access
Mango & Moose provides Global Advocates with an interactive online “Account Home Page” The Account Home Page provides access to confidential and proprietary information that may be used solely and exclusively to promote the development of your Mango & Moose business and to increase your Mango & Moose sales. All Global Advocates have a duty to protect the Company’s Confidential Information (as defined below). If a Global Advocate is having trouble accessing the Global Advocate Account Home Page, please call 1-xxx-xxx-xxxx or contact our Support Team
3.13 Use of Mango & Moose Name on Chequing Accounts
Global Advocates are not permitted to use the Mango & Moose, Corp., trade name or any of its trademarks/service marks on personal or business chequing accounts. However, a Global Advocate may imprint his or her cheques with “Independent Global Advocate with Mango & Moose.”
SECTION 4: GLOBAL ADVOCATE BUSINESS PRACTICES
4.1 Code of Ethics
Mango & Moose Global Advocates are expected to uphold the highest standards of business ethics while affiliated with Mango & Moose. Mango & Moose will take every measure to ensure a safe, ethical, moral and profitable opportunity for all. Each Global Advocate is required to adhere to the following Code of Ethics in the operation of a Mango & Moose business:
As a Global Advocate of Mango & Moose, I promise and agree that:
Unethical practices by any Global Advocate will be grounds for immediate suspension with a possible termination from Mango & Moose. While being unethical is open to a broad interpretation, the following should serve as a guideline of what is not acceptable to Mango & Moose: 4.2 Change of Address, Telephone and Email Addresses
Personal information may be edited by logging into Mango & Moose Global Advocate’s Account Home Page and is the sole responsibility of the Global Advocate to ensure all information is accurate and current. This is to ensure all Commissions, tax documentation and timely deliveries of product and supporting materials. Some information such as business numbers can be changed by contacting Mango & Moose GA Support Team at GASupport@mangoandmoose.com
4.3 Indemnification
A Global Advocate is fully responsible for all of her or his verbal and written statements made regarding Mango & Moose products, services and the Success Plan that are not expressly contained in official Mango & Moose materials. This includes statements and representations made through all channels of communication, including but not limited to, person-to-person, online webinars, meetings, through social media, in print or any other means of communication. Global Advocates agree to indemnify Mango & Moose and Mango & Moose’s directors, officers, employees and agents, and hold them harmless from all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Mango & Moose as a result of the Global Advocate’s unauthorized representations or actions. This provision shall survive the termination of the Independent Global Advocate Agreement.
4.4 Product Claims
No claims (such as personal testimonials) as to the nature of the composition of the metal, stones, enamel, paint, or other unique properties of any products offered by Mango & Moose may be made except those contained in official Mango & Moose literature. Such statements are in violation of the Independent Global Advocate Agreement, they also violate the laws and regulations of the United States, Canada and other jurisdictions.
4.5 Providing Documentation to Applicants
Global Advocates must provide the most current version of the Policies and Procedures and the Success Plan to individuals they are mentoring to become Global Advocates before the applicant signs an Independent Global Advocate Agreement, or must ensure that they have been reviewed online prior to enrollment.
4.6 Talent Release
Each Global Advocate hereby consents to and will allow Mango & Moose to use the name, photograph, testimonials, likeness, title, positions, voices, biography and any film footage, video tapes, audio tapes, recordings and interviews of each Global Advocate (and any Dependent listed on a Global Advocate's Account) when created in connection with any Mango & Moose events, promotions and/or conventions to advertise, promote and publicize Mango & Moose opportunities or services. A Global Advocate may withdraw this consent by submitting such withdrawal in writing to the Legal Department at the corporate office of Mango & Moose, but such withdrawal of consent shall apply only to future use of such materials and shall not apply to use that has already occurred.
4.7 Income Claims Prohibited
Global Advocates shall not make claims or representations of potential or guaranteed income or profits in connection with the Mango & Moose direct sales program. Any amounts that Global Advocates earn are based only on the sale of Mango & Moose products and not on the mere act of sponsoring other Global Advocates. The Federal Government of Canada has laws and/or regulations that prohibit certain types of income claims and testimonials by persons engaging in direct selling/network marketing. While Global Advocates may believe it beneficial to tell other Global Advocates and potential Global Advocates about their earnings or the earnings of others, such claims may have legal consequences and adversely impact Mango & Moose, as well as Global Advocates making the claims, unless appropriate disclosure required by law is also made at the same time with the income claim. In all presentations to prospective Global Advocates, the most current, official Company-prepared “Global Advocate Compensation Summary” (GACS) shall be provided to such prospects. The GACS will change from time to time to reflect updates in compensation figures. The latest version of the GACS is available in the Account Home Page. Because Global Advocates generally do not have the information necessary to comply with such legal requirements, Global Advocates may not make any projections, claims or estimates regarding such other Global Advocates’ potential or guaranteed income, or disclose their own income by showing cheques, copies of cheques, bank statements, tax records or other such documents.
4.8 No Representations Regarding Governmental Approval
Global Advocates may not represent that Mango & Moose or its Success Plan have been approved or endorsed by any governmental or regulatory agency.
4.9 Ethical Marketing
Global Advocates shall comply with all laws, rules, regulations and governmental requirements applicable to the operation of their Mango & Moose business, including the marketing, promotion and sale of Mango & Moose products. It is the responsibility of the Global Advocate to safeguard and promote the good reputation of Mango & Moose and to conduct their business in a manner that reflects favorably on Mango & Moose’s products, name, goodwill and reputation. Each Global Advocate should refrain from unethical conduct, including disparagement of Mango & Moose or other Mango & Moose Global Advocates. Global Advocates shall:
4.10 Reporting Policy Violations Global Advocates who become aware that another Global Advocate who has violated one or more provisions of the Independent Global Advocate Agreement should promptly notify the Mango & Moose GA Support Team (GASupport@mangoandmoose.com). Details of the incident (such as dates, number of occurrences and persons involved) and any supporting documentation should be included in the report to the extent available. Please know that while we review all issues that are brought to our attention, due to the confidential nature of our communications, we will not be able to share the resolution of this issue to individuals who were not directly related to the concern.
4.11 Security
All Global Advocates must adopt, implement and maintain appropriate administrative, technical and physical safeguards to protect against anticipated threats or hazards to the security of confidential information and customer data. Appropriate safeguards for electronic and paper records may include, but are not limited to:
(i) encrypting data before electronically transmitting it; (ii) storing records in a secure location; and (iii) password protecting computer files or locking up physical files containing confidential information or customer data. Global Advocates must keep customer data and other confidential information secure from all persons who do not have legitimate business needs to see or use such information. If Global Advocates dispose of any paper or electronic record containing customer data and other confidential information, Global Advocates shall do so by taking all reasonable steps to destroy the information by: (i) shredding; (ii) permanently erasing and deleting; or (iii) otherwise modifying the customer data and other confidential information in those records to make it unreadable, un-constructible and indecipherable through any means. Upon request, a Global Advocate will certify to Mango & Moose that all forms of the requested personal information have been destroyed and will describe any exceptions.
4.12 Reporting Security Breaches
Global Advocates must comply with all applicable privacy and data security laws, including security breach notification laws. In the event of an actual or suspected security breach affecting customer data, the applicable Global Advocate shall promptly notify the affected customers and Mango & Moose’s GA Support Team (GASupport@mangoandmoose.com) in writing after becoming aware of such security breach, specifying the extent to which customer data was or was suspected to be disclosed or compromised and shall promptly comply with all applicable information security breach disclosure laws. Global Advocates, at their expense, shall cooperate with Mango & Moose and applicable customers and use their best efforts to mitigate any potential damage caused by a security breach, including by sending notice to the affected individuals, applicable governmental agencies and consumer reporting agencies if such notification is required by law.
4.13 Commercial Outlets
Global Advocates are not permitted to display or sell Mango & Moose products in any retail or service establishment. Only Mango & Moose approved marketing material may be displayed. No Global Advocate shall:
Online auctions and/or sales facilitation websites (such as eBay or Etsy) may not be utilized to sell Mango & Moose and are considered retail establishments for these purposes.
4.14 Trade Shows, Expositions and Other Sales Forums
Mango & Moose encourages the promotion of its products, however, there are certain restrictions. Global Advocates may display and/or sell Mango & Moose products at trade shows and professional expositions. Global Advocates may not set up a display for an extended period of time at recurring events as this would be considered a retail establishment. Global Advocates may not display and/or sell Mango & Moose products at flea markets, swap meets, yard/garage sales, consignment sales, online forums of such expos or any such forum which could diminish the overall look and value of the jewelry or the Mango & Moose brand. If there are any questions regarding whether an event may be prohibited by our Policies and Procedures, please direct inquiries to Mango & Moose GA Support Team at GASupport@mangoandmoose.com Global Advocates may also find additional information in the “Account Home Page”.
4.15 Fundraisers
Mango & Moose encourages its Global Advocates to participate in their local community. However, Mango & Moose does not provide a discount on bulk product for fundraising purposes. If a Global Advocate would like to participate in a fundraiser, she or he can donate to the organization in many ways. For general questions regarding events, please refer to Mango & Moose GA Support Team at GASupport@mangoandmoose.com Mango & Moose recommends donating a portion of one’s Commissions or donating hostess benefits as two easy ways to participate in fundraising.
Global Advocates are never allowed to sell Mango & Moose products for more than the current retail price, even if it is for a good cause. If a product is on special, the Global Advocate may sell the product at its regular retail price and donate the difference between the special and retail price to charity.
4.16 Territory Restrictions
There are no exclusive territories granted to any Global Advocate. No warranties, exchanges or refunds will be granted to Mango & Moose products known to be sold outside of authorized territories.
4.17 Account Maintenance
Each Global Advocate is solely responsible for maintaining her or his account with Mango & Moose and remitting all payments due in a timely manner. Should a Global Advocate’s account go into collection, the Global Advocate will be responsible for (and will indemnify and hold harmless Mango & Moose from and against) all costs and fees incurred by Mango & Moose in the collection of the amount due. The Global Advocate agrees to allow Mango & Moose to deduct any amount due including costs and fees, from the Global Advocate’s account or to withhold future payments until the account is current.
4.18 Conflicts of Interest, Selling with Other Direct Sales Companies / Non-Solicitation
4.19 Confidential Information
As used in these Policies and Procedures, “Confidential Information” means all Company information that is intended by Company to be kept confidential, and includes, but is not limited to, product development information, marketing plans and related strategic operational information, Downline Genealogy reports, the identity and contact information of Mango & Moose customers and Global Advocates, Global Advocates’ Personal Retail Volumes and Global Advocate Rank and/or achievement levels, and trade secrets, and any other information which may have value by virtue of its not generally being known to the public or Company's competitors. Confidential Information is, or may be, available to Global Advocates in the Account Home Page. Global Advocate access to such Confidential Information is password-protected, and constitutes proprietary information and business trade secrets of Mango & Moose.
Confidential Information is provided to Global Advocates in the strictest confidence and is made available to Global Advocates for the sole purpose of assisting them in the operation of their independent Mango & Moose business. Global Advocates are (i) prohibited from using Confidential Information for any purpose other than developing and supporting their independent Mango & Moose business; (ii) prohibited from directly or indirectly disclosing any Confidential Information to any third party for any purpose whatsoever and (iii) prohibited from posting or blogging such Confidential Information on social media sites. This obligation to protect and not disclose Confidential Information shall survive any cancellation or termination of the Independent Global Advocate Agreement and shall be effective and binding upon any former Global Advocate following termination of the Independent Global Advocate Agreement. By choosing to conduct business with Mango & Moose, Global Advocates agree that this restriction is fair, equitable, and reasonable and is designed to protect the legitimate business interests of the Company and other Global Advocates.
4.20 Targeting Other Direct Sellers
Mango & Moose does not condone or encourage the act of specifically or consciously targeting members of the independent sales force of another direct sales company to sell Mango & Moose products or to become Global Advocates for Mango & Moose, nor does Mango & Moose condone the solicitation or enticement by Global Advocates of members of the sales force of another direct sales company to violate the terms of their contracts with such other companies. Should Global Advocates engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against an Global Advocate alleging that she or he engaged in inappropriate or illegal recruiting activity of its sales force or customers, Mango & Moose shall not be responsible for any of the Global Advocate’s defense costs or legal fees, nor will Mango & Moose indemnify the Global Advocate for any judgment, award or settlement. Further, in such situations, the Global Advocate agrees to indemnify and hold Mango & Moose harmless from any costs, legal fees or damages that may be incurred by Mango & Moose due to the inappropriate or improper activities of the Global Advocate.
SECTION 5: MENTORS
Global Advocates who are willing to commit time to help other Global Advocates reach their business goals are Mentors. Mango & Moose expects Mentors to commit time to motivate, train and coach others to succeed in their own businesses.
5.1 Mentor Guidelines
Global Advocates who become Mentors and build a team are expected to actively practice the Mango & Moose core mission statement “We collaborate with like-minded visionaries to design distinctive handmade collections within fair-trade agreements. Through Creativity, Inspiration and Diversity we strive for advancement of individuals, families and communities as a whole.” This includes providing adequate training and support to their downline team so they may be successful in their business. Below are suggested examples of how a Mentor can provide training and support to their downline team:
5.2 Mentor Assignment Every Global Advocate who personally sponsors a new Global Advocate or receives assignment from Mango & Moose of a new Global Advocate has the right to mentor the Global Advocate personally. The Personal Retail Volume generated by the new Global Advocate in the enrollment month will be credited to the Mentor under which she or he is assigned at the end of the enrollment month. The Curator Kit purchased by a newly assigned Global Advocate will not be credited in the form of Personal Retail Volume to the Mentor. The determination of whether a Global Advocate is qualified to receive Mentor assignments under this policy shall be made in the sole discretion of Mango & Moose. If a Global Advocate voluntarily terminates her or his Independent Global Advocate Agreement and re-enrolls within six (6) full calendar months (as described in detail below), she or he is not eligible to be assigned to a new Mentor and must re-enroll under the same Mentor who was assigned prior to the voluntary termination.
5.3 Change of Mentor
Mango & Moose does not permit a Global Advocate to change Mentors following enrollment. In the instance of an error, please contact our GA Support Team at GASupport@mangoandmoose.com and include the reason for the transfer request. Transfers will only be considered in the following two circumstances:
SECTION 6: SALES REQUIREMENTS
6.1 Product Sales and Transfers
The Mango & Moose Success Plan is based on the sale of Mango & Moose products and services to end consumers. Global Advocates must fulfill personal and Downline organization wholesale and/or Retail Sales requirements (as well as meet other responsibilities set forth in the Independent Global Advocate Agreement) to be eligible for Global Affiliate Rewards, Commissions and advancement to a higher Rank.
Mango & Moose uses the Alternative Collection Method (“ACM”) to calculate and remit GST on sales of Mango & Moose products. The GST will be calculated by Mango & Moose on the retail price of products sold and remitted to the Canada Revenue Agency. https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/14-1/direct-sellers.html
If a customer accidentally places an order under the wrong Global Advocate, Mango & Moose must be contacted via the contact form on the Mango & Moose website (https://www.mangoandmoose.com/contact) within the same calendar month of the purchase in order to move that purchase to the correct Global Advocate. This time frame is necessary to facilitate appropriate Commission and Global Affiliate Rewards payouts. 6.2 Sales Receipts
Global Advocates will comply with applicable consumer protection laws and regulations (including any consumer rights to receive specific notices and any rights to return product afforded consumers under applicable Provincial consumer protection legislation.)
When making a sale to an end customer, Global Advocates must provide him/her with an official Company retail receipt (also referred to herein as an ‘order form’) at or prior to the time of the initial sale and every sale thereafter. These sales receipts set forth (i) the consumer protection rights afforded by applicable Provincial and Territorial law for direct sales, including the right to cancel (without any reason) the sale contract up to 10 days after the end customer receives a copy of the contract and (ii) the Company’s own return policy. Global Advocates must duplicate the form and provide one to the retail Customer and retain a copy for their records. You should maintain copies of all such sales receipts for a period of six (6) years and furnish them to Company at the Company’s request.
6.3 Re-packaging and Re-labeling Prohibited
Mango & Moose products may be sold only in their original packaging. Global Advocates may not re-package, re-label or alter the labels on Mango & Moose products in any way. Tampering with labels or packaging could be a violation of federal and provincial, territorial laws, and could result in civil or criminal liability. Global Advocates may affix a personalized sticker with contact information to packaging, as long as existing labels or text, graphics or other material on the product label is not covered.
6.4 Order Deadlines
All Mango & Moose Bazaar orders and retail orders must be successfully submitted before midnight Pacific Time (PT) on the last calendar day of the month which constitutes the last day of the current Commission Cycle in order to be included in a Global Advocate's Personal Retail Volume (PRV) for that month and to be counted for sales contests, incentives, etc. Mango & Moose reserves the right to require different order deadlines for special order types or promotions. The new Commission Cycle begins at 12:01am (PT) on the first day of each month.
6.5 Holding Applications or Orders
Global Advocates must not manipulate enrollments of new applicants or purchases of products. All product orders must be sent to Mango & Moose within seventy-two (72) hours from the time they are placed by a Customer. The following practices are strictly prohibited:
SECTION 7: SHIPMENTS 7.1 Non-Deliverable Orders In some cases, an order may be returned to Mango & Moose if the carrier is unable to deliver it to the specified shipping address. This may happen because: When this occurs, Mango & Moose will refund the order less the cost of shipping and neither the Global Advocate nor the Global Advocate’s Upline will receive any credit for the order. If the order has already been credited to the Global Advocate’s sales volume, the credit (and any associated Commissions or Global Affiliate Rewards) will be canceled. Requests for the rerouting or reshipping of processed orders resulting from the input of an invalid or incorrect shipping address or a request for change of address by a Global Advocate may result in an additional fifteen-dollar ($15) correction and rerouting fee.
7.2 Returns and Order Issues
If a Global Advocate or customer selects a cash payment option for their order and chooses to return or exchange their purchase, they will be offered a Mango & Moose credit for the price of the product(s). Cash refunds are not offered for cash payment orders. A Global Advocate or customer should refer to (Website Link TBD) for the complete returns policy and for details on reporting for shipment or order issues.
SECTION 8: GLOBAL SUCCESSS AND GLOBAL AFFILIATE REWARDS
8.1 Global Success and Global Affiliate Rewards Qualifications
A Global Advocate must be in good standing and in compliance with the Independent Global Advocate Agreement to qualify for Global Success Rewards and Global Affiliate Rewards. As long as a Global Advocate complies with the terms of the Independent Global Advocate Agreement, Mango & Moose shall pay Commissions and Global Affiliate Rewards to such Global Advocate in accordance with the Success Plan. If a Mango & Moose Global Advocate’s Commissions and Global Affiliate Rewards do not equal or exceed ten dollars ($10), Mango & Moose will transfer the commissions to the Global Advocate’s Commissions Manager located within their Account Home Page. Notwithstanding the foregoing, all Commissions owed a Global Advocate, even if less than the minimum will be paid at the end of each fiscal year, unless the payout date is adjusted by the Global Advocate or upon the termination of the Global Advocate’s business. To be eligible for Global Success Rewards and Global Affiliate Rewards, Global Advocates must satisfy Personal Retail Volume, and Direct Team Volume (if any) requirements associated with their Rank as specified in the Mango & Moose Success Plan. 8.2 Global Success and Global Affiliate Rewards Payment Schedule Commissions and Global Affiliate Rewards will be calculated by the 10th of each month for the month prior. If the 10th falls on a legal holiday or weekend, Commissions and Global Affiliate Rewards will be calculated prior to the next regularly scheduled business day. Mango & Moose does not advance cash or any portion of Commissions or Global Affiliate Rewards relating to: cash prizes, cash payouts, trip programs or contests, etc. Deductions or adjustments for returned product(s) will be reflected in the corresponding Calendar Month. Mango & Moose’s office is open Monday through Friday, with the exception of most national holidays and other holidays as may be designated by the company from time to time. 8.3 Global Affiliate Rewards Categories
Global Advocates may earn Global Affiliate Rewards in the following categories according to the terms of the Mango & Moose Success Plan.
8.4 Minimum Personal Retail Volume and Global Affiliate Rewards
All Global Advocates must generate at least three hundred (300) in Personal Retail Volume in any given Commission Cycle in order to remain an Active Global Advocate. If a Global Advocate fails to personally generate at least three hundred (300) in Personal Retail Volume in a given Commission Cycle, she or he will not be eligible to receive downline commissions in same Commission Cycle. In order to be eligible to receive Global Affiliate Rewards on Extended Team sales, the Global Advocate must then return to Active Global Advocate status by generating at least three hundred (300) in Personal Retail Volume in a subsequent Commission Cycle. Inactive Global Advocates remain subject to all the terms and conditions of the Independent Global Advocate Agreement and the Policies and Procedures.
If a Global Advocate becomes an Inactive Global Advocate at any time, she or he will forfeit her or his Downline and all members of the Downline will roll up to the Global Advocate’s Mentor during that specific Commissionable Cycle. In such a case, the Global Advocate will be returned to the Rank of “Global Advocate,” will no longer be eligible for payment of Global Affiliate Rewards until the Global Advocate achieves three hundred (300) Personal Retail Volume in a subsequent Commission Cycle. The Global Advocate’s account will otherwise remain open. Mango & Moose reserves the right, in its sole and absolute discretion, to terminate the account of Global Advocates who fail to generate $300 Personal Retail Volume in at least one Commission Cycle over a twelve (12) month period. 8.5 Global Success Rewards Global Success Rewards from 20-30% of the suggested retail value of the product sold for Active Global Advocates. The rate at which a Global Advocate earns Global Success Rewards will depend on the monthly Personal Retail Volume generated, as follows: A Global Advocate generating less than three hundred (300) PRV is considered Inactive but will still be earning 18% Retail Sales Commissions, but subsequently generates (300) PRV or greater in a given Commission Cycle, she or he will be paid at the higher Global Success Sales Commission rate (20-30%) for the month in which three hundred (300) PRV or greater was generated. In such cases, the difference in Global Success Sales Commissions will be paid out by the 10th of each month for the month prior. The Global Advocate will enjoy the higher Commission rate (20-51%) including the Global Affiliate Rewards each Commission Cycle the three hundred (300) PRV is achieved.
Commissions will be calculated and paid out on a monthly basis and paid out on the 10th day following the close of the Commission Cycle. The Commission cycle starts on the first of every calendar month at 12:00 am PT and ends on the last day of the calendar month at 11:59 pm PT.
If the payment day falls on a legal holiday or weekend, the Commissions will be paid on the next regularly scheduled business day.
8.6 Adjustment to Commissions and Global Affiliate Rewards
8.7 Reports
All information provided by Mango & Moose in Downline activity reporting, including but not limited to Personal Retail Volume (or any part thereof), and Downline mentoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including, but not limited to: (i) the inherent possibility of human, digital or mechanical error; (ii) the accuracy, completeness, and timeliness of orders; (iii) denial of credit card payments;
(iv) returned products; or (v) credit card and electronic cheque charge-backs, the information is not guaranteed by Mango & Moose or any persons creating or transmitting the information. ALL PERSONAL AND TEAM VOLUME INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MANGO & MOOSE AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY GLOBAL ADVOCATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR TEAM VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, GLOBAL AFFILIATE REWARDS OR COMMISSIONS, LOSS OF OPPORTUNITY AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION), EVEN IF MANGO & MOOSE OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, MANGO & MOOSE OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO A GLOBAL ADVOCATE OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of Mango & Moose’s Account Home Page reporting services and a Global Advocate’s reliance upon such information is at one’s own risk. All such information is provided to Global Advocates “as is.” If a Global Advocate is dissatisfied with the accuracy or quality of the information, her or his sole and exclusive remedy is to discontinue use of and access to Mango & Moose online and telephone reporting services and her or his reliance upon the information.
SECTION 9: PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
9.1 Product Guarantee
All Mango & Moose products are covered by a guarantee against any manufacturer’s defect. Mango & Moose strives to create beautiful works of art and therefore guarantees product craftsmanship. As with any delicate artistic creations, care must be taken to ensure years of enjoyment. When an Global Advocate first receives her or his item, she or he should check it carefully to make sure everything is as expected and that no items are missing as there is a limited time period of 14 days after receipt of product to notify Mango & Moose of a manufacture’s defect or missing item in which to request an exchange. It is important to note that exchange requests must be made for the same item and will only be exchanged for the same purchased item. Mango & Moose will incur all shipping costs for manufacture defects and/or missing products.
9.2 Retail Customer Returns
Mango & Moose offers a complete description of the Returns Policy and guidelines for returning orders or Inscription orders in the Account Home Page.
9.4 Repurchase of Inventory
Upon termination of an Independent Global Advocate Agreement, Mango & Moose agrees to repurchase on reasonable commercial terms currently marketable inventory in the possession of the terminated Global Advocate and purchased by the terminated Global Advocate for resale prior to the date of termination of an Independent Global Advocate Agreement. For purposes of this provision, “reasonable commercial terms” shall include the repurchase of marketable inventory within twelve (12) months from the Global Advocate’s date of purchase and such purchase shall be made at a rate of not less than ninety percent (90%) of the Global Advocate’s original net cost. The determination of whether such inventory is “currently marketable” shall be made by Mango & Moose and will include factors such as the specific condition of the product and related packaging. Requests for repurchase must be made in writing within thirty (30) days of the termination of the Agreement. Global Advocates can request to return marketable individual items within the Curator Kit upon written request. Acceptance of said return will be at Mango & Moose sole and absolute discretion, which will not be unreasonably withheld. Returned items will be repurchased by Mango & Moose and shipped to our warehouse at #10 1905 Evergreen Court, Kelowna BC, V1Y 9L4. Shipping & handling costs for returned items shall be borne by Global Advocate. Refund payments will be made within thirty (30) days of actual receipt of returned items (except during busy times, such as winter holidays, extra time may be needed to process refund payments.) Sales materials and services delivered by Internet methods are not capable of being returned to Mango & Moose and are not subject to refund. Mango & Moose will comply with refund requirements at variance with this paragraph as specified by applicable federal, provincial and local laws. A Global Advocate who is terminating his/her Mango & Moose business may return his/her Curator Kit and any unsold products which he/she has purchased from the Company within thirty (30) days of termination of the Agreement. The items must be in marketable condition (as defined above) and will be repurchased at 90% of the net cost of the original purchase price of all returned items. Purchases from other Global Advocates or third parties are not subject to refund.
A product is ”resalable” if: A returned Curator Kit may be rejected if any of the following are applicable: Note: *Any Curator Kit containing item(s) that have been retired within the last 30 days may be returned. Curator Kits containing older items no longer available for sale may not be eligible for return. Shipping charges incurred by a Global Advocate when purchasing or returning the items are not refundable. If a Global Advocate was paid a Commission or Global Affiliate Rewards based on a product(s) that she or he purchased, the Commission will be deducted from the amount of the refund. Replicated Website fees or any fees associated with recurring Business Suites (in relation to such services already consumed by the Global Advocate) are not refundable.
SECTION 10: ADVERTISING AND USE OF MANGO & MOOSE MARKS 10.1 General Mango & Moose provides its Global Advocates with tools to promote their business. To protect Mango & Moose’s brand (and the image of all Mango & Moose Global Advocates), and to promote both the products and services and the opportunity Mango & Moose offers, the following policies have been developed to govern the manner in which an Global Advocate can advertise and market her or his business.
10.2 Cross Promotion Prohibited
Promoting another business (for Global Advocate personally or for a family member, other household member or friend) on a social media page that is part of Global Advocate’s Mango & Moose business or that has been used as a platform for marketing the Mango & Moose business is considered cross-recruiting / cross-promoting and is prohibited. Some guidelines to avoid cross-promotion or cross-recruiting:
Even if you joined another direct sales company, you remain a leader to your team and your behavior sets an important example for those who aspire to be successful leaders as well. While Mango & Moose understands that a Global Advocate may not intend to distract her or his team from their own business, promoting another brand or another direct selling opportunity in places where your Mango & Moose team can see the promotion does just that (e.g., on your business-related Facebook page, in direct messages sent to your team through Facebook or email, or on Twitter or other social media channels). These cross-promotions take the focus away from your commission-producing team members and in turn could harm productivity and make them less productive team members for those who are exclusively focused on building their businesses within Mango & Moose.
10.3 Global Advocate–Created Advertising Material
If a certain form of media or marketing tool does not exist in the “Account Home Page” and is needed, please notify the Mango & Moose Marketing Department at PR@mangoandmoose.com The Marketing Department will review the Global Advocate's suggestion and decide whether it is something Mango & Moose will create for use by all Global Advocates.
10.4 Corporate-Approved Business Supplies and Vendors
Global Advocates may not create their own customized business cards. Mango & Moose will provide business card templates to Global Advocates’ which will comply with Mango & Moose brand guidelines. Global Advocates’ may order business cards from their Tool Store.
Creation of other business supplies using Mango & Moose’s logos or other trademarks are allowed on a by-permission basis only. The developer of these supplies may be required to pay a licensing fee, a percentage of profits or some other remuneration for the benefit of using Mango & Moose’s name to promote a separate business. Please contact the Marketing department for approval.
To protect the integrity of Mango & Moose’s brand, Global Advocates are not permitted make their own clothing or promotional items (buttons, pins, banners, etc.) with a Mango & Moose logo or any of Mango & Moose’s trademarks. Promotional items are available when placing an order under "Business Materials” in the Account Home Page.
10.5 Marketing Materials
Pre-approved marketing materials, including flyers and print ads, are posted under the “Account Home Page”, and include a customizable area for the Global Advocate’s contact information.
Altering imagery provided in the Account Home Page is strictly prohibited. This includes modifying the size or including additional copy in the image itself. If Global Advocates choose to create their own print ads or flyers, they must include either the corporate website address (www.mangoandmoose.com) or their official Mango & Moose Replicated Website. The ad or flyer must use only those images provided in the Account Home Page and the Global Advocate must represent herself or himself as an Mango & Moose Global Advocate so there is no confusion between her or his ad and the company’s official marketing materials (e.g. “Name, Independent Global Advocate #_____”).
10.6 Trademarks and Trade Names
The name "Mango & Moose" and other names and taglines or slogans used by Mango & Moose are proprietary trade names, trademarks and service marks of Mango & Moose (collectively “Marks”). As such, these marks are of great value to Mango & Moose and are supplied to active Global Advocates for their use only in an expressly authorized manner. Mango & Moose will not allow the use of its trade names, trademarks, designs or symbols, or any derivatives of such marks, by any person, including Mango & Moose Global Advocates, in any unauthorized manner without the prior written permission of Mango & Moose. This includes using the marks in Meta tags, key words and/or Search Engine Optimization (SEO) strategies.
The marks identified by Mango & Moose and any other protected marks may not be used in a Global Advocate’s business name, URL, email addresses or tag lines. Mango & Moose reserves the right, in its sole discretion, to refuse a refund to any Global Advocate for a purchase of business materials, including printed business materials, which violate this policy. Please note that the list below may be amended at any time without notice by the Company. For avoidance of doubt, please contact Mango & Moose GA Support Team if you have a question about use of any of the marks.
A current list of Mango & Moose’s marks is available at: https://www… TBD) Mango & Moose has applied for the trademark ‘TBD™’ as a collective membership mark. Mango & Moose encourages Global Advocates to designate themselves as ‘Global Advocates’ and use the trademark ‘Global Advocate’ on business cards, personal websites or social media sites. If an Global Advocate is terminated or cancels her or his account, she or he will immediately forfeit the right to use ‘Global Advocate’ as a mark.
10.7 Copyrights
Global Advocates may not duplicate marketing, promotional or sponsoring material provided by Mango & Moose without Mango & Moose’s prior written consent.
10.8 Mango & Moose Global Advocate Logo
If a Global Advocate uses a Mango & Moose logo in any communication, she or he must use the Global Advocate version of the Mango & Moose logo. Global Advocates are permitted to create their own Team logo for internal communication to their Team only. Team logos must not contain any Mango & Moose trademarks and service marks.
10.9 Media Inquiries
The corporate office initiates all regional, national and international press opportunities on behalf of all Global Advocates. This includes, but is not limited to, TV, radio, newspaper, social media, gifting suites, award shows, and celebrity partnerships. Global Advocates must direct any questions or media opportunities of this nature to the Public Relations Department (PR@mangoandmoose.com) and include full contact details for the referring media outlet. The Public Relations Department will review the requests on an individual basis and respond accordingly.
It is a violation of this policy to provide any information to the media without prior approval from the Public Relations Department, regardless of the nature of the information or whether the information is positive or negative, accurate or inaccurate.
10.10 Television and Radio: Advertising/Appearances
Global Advocates may not advertise or appear on television and/or radio broadcasts representing Mango & Moose. Only approved corporate representatives who are media trained will be considered for potential broadcast opportunities. Please contact PR@mangoandmoose.com with all requests for review, including the name of the contact, broadcast, a link to the website and the estimated airdate. Requests must be sent prior to appearance (without exception). Please submit all requests at least 45 days prior to the event or interview.
10.11 Unsolicited Email
Global Advocates are prohibited from sending ‘commercial electronic messages’ (“CEMs”), as such term is defined in Canada’s Anti-SPAM legislation (“CASL”) unless the Global Advocate has the express or implied consent of the message recipient, or the Global Advocate can rely upon a CEM exemption under CASL. Mango & Moose does not permit Global Advocates to send CEMs unless such activity is in compliance with CASL. Without limiting the foregoing, Global Advocates must comply with all of the consent and information requirements under CASL when sending CEMs. Express consent means that the recipient has expressly consented to receiving CEMs, either in response to the Global Advocate’s clear and conspicuous request for such consent or at the recipient’s own initiative. Under CASL, it is an offence to send a recipient a CEM to ask for consent. Such a request tis considered a CEM itself. Consent must specifically address receipt of messages regarding Mango & Moose products or the earning opportunity. Global Advocates are encouraged to review the provisions of CASL in the context of their Company business, including but not limited to, those provisions dealing with implied consent and exemptions from the consent and information requirements for CEMs. Without limiting the foregoing, any CEM sent by an Mango & Moose Global Advocate that promotes Mango & Moose, the Mango & Moose opportunity or Mango & Moose products and services must comply with the following:
Mango & Moose may periodically send emails to customers on behalf of Global Advocates. By entering into the Independent Global Advocate Agreement, the Global Advocate agrees that the Company may send such emails, and that the Global Advocate’s email address will be included in such emails as outlined above. Global Advocates shall honor opt-out requests generated as a result of such emails sent by the Company. Each Global Advocate is responsible for ensuring that all email practices adhere to federal laws as well as the laws of the state or other applicable jurisdiction where he or she conducts the Mango & Moose business.
10.12 Telemarketing
Global Advocates must comply with all applicable laws, regulations and rules relating to their telemarketing activities. While Global Advocates may not consider themselves a “telemarketer” in the traditional sense of the word, these governing regulations broadly define “telemarketer” and “telemarketing” so that your inadvertent action of calling or faxing someone whose telephone or fax number is listed on “do not call” registry or list could cause you to violate applicable law. Moreover, these regulations must not be taken lightly, as they carry significant penalties. Therefore, you must not engage in telemarketing relative to the operation of your Company distributorship except in accordance with the rules in the attached Exhibit A.
10.13 Telephone Directory Listings
A business phone number may be listed in the following manner:
Global Advocates may not place telephone or online directory display ads using Mango & Moose’s name or logo. The name Mango & Moose or any variation may not be used in telephone numbers, for example: 1-800-MANGO is not to be used or reserved by an Global Advocate. Global Advocates may not answer the telephone by saying “Mango & Moose” or “Mango & Moose Corp.,” or in any other manner that would lead the caller to believe that she or he has reached corporate offices of Mango & Moose. 10.14 Giveaways, Incentives and Enticement
Mango & Moose encourages Global Advocates to grow their business and offer personal promotions,
giveaways or specials. The offering of giveaways, contests and/or prizes by Global Advocates is
permitted with the following restrictions:
10.15 Online Guidelines
10.16 Global Advocate Websites
10.17 Social Media
Global Advocates may use social media to share information about Mango & Moose on social media sites such as Facebook, Twitter, Pinterest, Instagram, Periscope and Snapchat. Global Advocates who elect to use Social Media must adhere to these Policies and Procedures. Global Advocates must not post on any of Mango & Moose’s corporate social media pages with any of the following (this is a representative list - exclusions are not limited to these items): Global Advocates are prohibited from using any of Mango & Moose’s trademarks, intentional misspellings and derivatives in the URL of any third-party websites or Replicated Websites with the exception of the following, which are required formats:
SECTION 11: CHANGES TO AN MANGO & MOOSE BUSINESS
11.1 Roll-up of Global Advocate Organization
When a Global Advocate’s account is canceled, voluntarily or involuntarily, their Level 1 Downline will immediately roll-up to the canceling Global Advocate’s Mentor.
11.2 Sale of a Mango & Moose Business A Global Advocate may not sell, give away, assign or otherwise transfer their Mango & Moose business or any rights or obligations under the Independent Global Advocate Agreement, with the exception of cases of death or incapacity (as described below).
11.3Division of a Mango & Moose Business The provisions of these Policies and Procedures that refer to husbands/wives/spouses and divorce apply equally to common law couples and separation, respectively. Mango & Moose Global Advocates sometimes operate their Mango & Moose businesses as husband-wife teams. In the event of a divorce, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other Upline or Downline businesses. In the event of a divorce, the divorcing spouses must submit to Mango & Moose a certified copy of any legal judgment or divorce decree, or otherwise submit a document bearing the notarized signatures of both parties to Mango & Moose specifying the ownership and/or how future Commission and Global Affiliate Rewards payments should be paid. During the divorce process, the parties must adopt one of the following methods of operation:
Under no circumstances will the Downline Organization of divorcing spouses be divided. Similarly, under no circumstances will Mango & Moose split Commission and Global Affiliate Rewards payments between divorcing spouses. Mango & Moose will recognize only one Downline Organization and will issue only one Commission payment per Mango & Moose business per Commission cycle. Commission payments shall always be issued to the same individual or entity. If a former spouse has completely relinquished all of her or his rights in an Mango & Moose business pursuant to a divorce, she or he is thereafter free to enroll under any Mentor her or his choosing without waiting six (6) full calendar months. In that case, the relinquishing spouse shall have no rights to any Global Advocate in her or his former Organization or to any former Retail Customer. She or he must develop the new business in the same manner as would any other new Global Advocate. 11.4 Death or Incapacity
Upon the death or incapacity of a Global Advocate, the Global Advocate’s interest in her or his Independent Global Advocate Agreement may be passed to the Global Advocate’s heir, trustee or other beneficiary, provided that arrangements are made to ensure that the Global Advocate’s account and other Global Advocates in the applicable Upline and Downline are not adversely affected. If Mango & Moose determines in its sole discretion that such a disposition will adversely affect other Global Advocates or Mango & Moose, Mango & Moose may terminate the applicable Independent Global Advocate Agreement. Appropriate legal documentation must be submitted to Mango & Moose in connection with any transfer of an Independent Global Advocate Agreement upon the death or incapacity of a Global Advocate. Accordingly, each Global Advocate should consult her or his attorney to assist in the preparation of a will, trust or other testamentary instrument that will properly transfer the Global Advocate’s interest. When an Independent Global Advocate Agreement is transferred by will or other testamentary process with Mango & Moose’s approval, the beneficiary will acquire the right to collect Commissions and Global Affiliate Rewards generated by the deceased Global Advocate’s Downline and will otherwise assume all the rights and obligations of the deceased Global Advocate under the Independent Global Advocate Agreement, provided the following requirements are met. The beneficiary must: To effect a testamentary transfer of an Independent Global Advocate Agreement upon the death of an Global Advocate, the successor must provide the following to Mango & Moose: To effect the transfer of an Mango & Moose Independent Global Advocate Agreement to a trustee upon the incapacitation of an Global Advocate, the trustee must provide Mango & Moose with the following: Commission and Global Affiliate Rewards payments of a Mango & Moose business transferred pursuant to this Section will be paid in a single payment to the new Global Advocate. The payments will be made to the address shown on the new Global Advocate Application. If an Independent Global Advocate Agreement is bequeathed to joint devisees, a new business entity must be formed, identifying the person responsible for the entity’s operation, and a Federal business number for the new entity must be supplied to Mango & Moose. Mango & Moose will issue all Commission and Global Affiliate Rewards payments to the new Business Entity. 11.5 All Other Transfers Prohibited Except as expressly permitted by this Section and with Mango & Moose’s prior written approval, Global Advocates shall not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, the Independent Global Advocate Agreement or any rights or obligations under the Independent Global Advocate Agreement. Any purported assignment, sale, transfer, delegation or other disposition, except as expressly permitted by this Section, will be null and void. SECTION 12: DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
12.1 Disciplinary Sanctions Any of the following actions of an Global Advocate may result, at Mango & Moose’s sole discretion, in disciplinary action: (i) violation of the Independent Global Advocate Agreement (including these Policies and Procedures); (ii) violation of any common law duty (including, but not limited to, any applicable duty of loyalty); (iii) any illegal, fraudulent, deceptive or unethical business conduct; or (iv) any act or omission that, in the sole discretion of Mango & Moose, may damage the Company’s reputation or goodwill (such damaging act or omission need not be related to the Global Advocate’s Mango & Moose business). If Mango & Moose determines that disciplinary action is warranted, one or more of the following measures may be taken:
12.2 Grievances and Complaints When a Global Advocate has a grievance or complaint with another Global Advocate regarding any practice or conduct related to her or his respective Mango & Moose business, the complaining Global Advocate should first report the problem to her or his Mentor, who should review the matter and try to resolve it with the other party’s Upline Mentor. If the matter involves interpretation or violation of the Independent Global Advocate Agreement, including any Mango & Moose policy, it must be reported in writing to the GA Support Team(GASupport@mangoandmoose.com). The GA Support Team will review the facts and attempt to resolve the issue. 12.3 Dispute Resolution
Any controversy, claim or dispute of whatever nature arising between an active Global Advocate, on the one hand, and Mango & Moose and/or the Related Parties (as defined below), on the other, including but not limited to those arising out of or relating to the Independent Global Advocate Agreement (including these Policies and Procedures or the breach thereof, or the commercial, economic or other relationship of Global Advocate and Mango & Moose and/or the Related Parties (for purposes of this Section each is a “party”), whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law, or otherwise (“Dispute”), shall be settled through negotiation, mediation or arbitration, as provided below.
SECTION 13: PAYMENTS 13.1 Returned Cheques All cheques returned by a Global Advocate’s bank for insufficient funds (NSF) or non-successful direct deposit transactions due to incorrect information will be resubmitted for payment. A twenty-five dollar ($25.00) returned cheque/incorrect direct deposit information fee will be charged to the account of the Global Advocate.
After receiving a returned cheque from a customer or a Global Advocate, all future orders must be paid by credit card, debit card, money order or cashier’s cheque. Any outstanding balance owed to Mango & Moose by a Global Advocate for NSF cheques and returned cheque fees will be withheld from subsequent Global Affiliate Rewards and Commission payments.
13.2 Chargebacks
If a Global Advocate and/or customer charges back an order without the return of products, Mango & Moose has the right to terminate that Global Advocate's account without notification. If a Global Advocate and/or customer returns product and charges back an order due to a delay in the processing of a refund, the Global Advocate and/or customer will be required to contact their merchant and request a reversal of the chargeback in order for the Global Advocate to maintain her or his position in Mango & Moose.
13.3 Sales Taxes Mango & Moose is required to charge sales tax on all purchases made by Global Advocates and customers and remit the taxes collected to the respective jurisdictions. Accordingly, Mango & Moose will collect and remit sales taxes on behalf of Global Advocates based on the suggested retail price of the products according to applicable tax rates in the province/territory to which the shipment is destined. If a Global Advocate has submitted and Mango & Moose has accepted a current Sales Tax Exemption (Re-Sale) Certificate, albeit permanent or temporary, and a Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be the responsibility of the Global Advocate. Exemption from the payment of sales tax is applicable only to orders which are shipped to a province / territory for which the proper tax exemption papers have been filed and accepted.
Applicable sales taxes will be charged on orders that are drop-shipped to another province / territory. ANY SALES TAX EXEMPTION ACCEPTED BY MANGO & MOOSE IS NOT RETROACTIVE. The sales tax collected by the Global Advocate from inventory sold at but not limited to, Bazaars, events or person-to-person, is considered an offset to the initial sales tax paid by the Global Advocate to Mango & Moose upon original purchase. Mango & Moose has entered into an agreement with all local jurisdictions to administer sales taxes on behalf of its Global Advocates. The terms of these agreements require Mango & Moose to pre-collect the applicable sales tax based on the suggested retail price of taxable products and services and ship-to-address. All taxes collected are remitted to the proper jurisdiction. Global Advocates who do not collect the identical sales tax pre-collected by Mango & Moose are required to file a Sales Tax Adjustment form (Check with your local jurisdiction for the correct form). We suggest that this form be filed annually. SECTION 14: GLOBAL ADVOCATE RESCISSION AND TERMINATION PERIOD 14.1 Rescission Period A Global Advocate may cancel her or his Independent Global Advocate Agreement, without penalty or obligation, at any time by providing notice as provided herein. If a Global Advocate cancels, any payments made by her or him under the Independent Global Advocate Agreement will be returned within ten (10) business days following receipt by Mango & Moose of the Global Advocate’s cancellation notice. If a Global Advocate cancels, she or he must make available to Mango & Moose, in substantially as good condition as when received, any goods delivered to the Global Advocate under the Independent Global Advocate Agreement. To cancel the transaction, the Global Advocate must email, mail or deliver a signed and dated copy of the Notice of Cancellation (located on the bottom of the Independent Global Advocate Agreement) to Mango & Moose’s corporate offices no later than 11:59 p.m. Pacific Time of the third (3rd) business day after the submission date. 14.2 Termination of the Independent Global Advocate Agreement As long as a Global Advocate remains active and complies with the terms of the Independent Global Advocate Agreement including these Policies and Procedures, Mango & Moose shall pay Commissions and Global Affiliate Rewards to such Global Advocate in accordance with the Success Plan. Following a Global Advocate’s non-renewal of her or his Independent Global Advocate Agreement, termination due to inactivity by not achieving at least three hundred (300) dollars in Personal Retail Volume in any one (1) Commission Cycle during a rolling twelve (12) full calendar month period, or voluntary or involuntary termination of an Independent Global Advocate Agreement (all of these methods are collectively referred to as “Termination”), the former Global Advocate shall have no right, title, claim or interest to the marketing Organization/Downline which she or he operated, or any Commission or Global Affiliate Rewards from the sales generated by the Organization. A Global Advocate whose business is canceled will lose all rights as a Mango & Moose Global Advocate. This includes the right to sell Mango & Moose products and services and the right to receive future Commissions, Global Affiliate Rewards or other income resulting from the sales and other activities of the Global Advocate’s former Downline sales Organization. In the event of Termination, Global Advocates agree to waive all rights they may have, including, but not limited to, property rights to their former Downline Organization and to any Global Affiliate Rewards, Commissions or other remuneration derived from the sales and other activities of her or his former Downline Organization. Following an Global Advocate’s Termination of her or his Independent Global Advocate Agreement, the former Global Advocate may not hold herself or himself out as an Mango & Moose Global Advocate and shall not have the right to sell Mango & Moose products or services. Mango & Moose has the right to offset any amounts owed by a Global Advocate to Mango & Moose from Commissions or other compensation due to the Global Advocate. A Global Advocate whose business is terminated shall receive Commissions and Global Affiliate Rewards only for the last full pay period she or he was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary Termination). Upon Termination (voluntary or involuntary), the Global Advocate:
SECTION 15: MISCELLANEOUS 15.1 Severability If any provision of the Independent Global Advocate Agreement in its current form or as may be amended is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
15.2 Waivers
Mango & Moose retains its right to insist upon compliance with the Independent Global Advocate Agreement and with the applicable laws governing the conduct of a business. No failure of Mango & Moose to exercise any right or power under the Independent Global Advocate Agreement or to insist upon strict compliance by a Global Advocate with any obligation or provision of the Independent Global Advocate Agreement shall constitute a waiver of Mango & Moose’s right to demand exact compliance with the Independent Global Advocate Agreement.
The existence of any claim or cause of action of a Global Advocate against Mango & Moose shall not constitute a defense to Mango & Moose’s enforcement of any term or provision of the Independent Global Advocate Agreement. 15.3 Entire Agreement The Independent Global Advocate Agreement includes these Policies and Procedures and the Mango & Moose Success Plan, constituting the entire Agreement of the parties with respect to its subject matter. The Independent Global Advocate Agreement supersedes all previous or contemporaneous agreements, negotiations, representations and promises between the parties, written or verbal, regarding the subject matter of the Independent Global Advocate Agreement. There are no verbal or written collateral representations, agreements or understandings except as specifically set forth in the Independent Global Advocate Agreement, these Policies and Procedures and the Mango & Moose Success Plan. 15.4 Notices
Except as otherwise expressly set forth in the Independent Global Advocate Agreement, all notices required or permitted by the Independent Global Advocate Agreement shall be in writing, and sent to the party to be notified by registered or certified mail, or delivered in person, and shall be deemed effective upon receipt. Notices to an Global Advocate shall be sent to the address submitted on the Independent Global Advocate Agreement or updated Global Advocate profile. Notices to Mango & Moose shall be sent to Mango & Moose, Corp, 648 Cadder Ave, Kelowna British Columbia, V1Y 5N4 SECTION 16: DEFINITIONS Account Home Page - The Account Home Page is a web portal that contains online business tools and information pertinent to Mango & Moose Global Advocates. Active Status – A Global Advocate who satisfies the minimum Personal Retail Volume requirement of $300 in any given commission cycle as set forth in the Success Plan is an “Active Global Advocate.”
Agreement -The contract between Mango & Moose and each Global Advocate that collectively refers to the Mango & Moose Independent Global Advocate Agreement, these Policies and Procedures and the Mango & Moose Success Plan, all in their current form and as amended by Mango & Moose at its sole discretion.
Approved Personal Website - A Global Advocate’s Mango & Moose–approved personal website that is hosted on non–Mango & Moose servers and has no official direct affiliation with Mango & Moose. Associate Global Advocate (AGA): An Active Global Advocate with a minimum of 1,800 CV produced in a Commission Cycle for any two months in a three-month period by herself/himself and/or Active members of her/his Direct Team (if any) Commission: Any monetary rewards earned by a Global Advocate for achieving performance criteria as shown in Mango & Moose Global Success Plan.
Commission Cycle: The cycle within which a Global Advocate’s earnings are calculated. A Calendar Month or business month refers to the time period beginning at 12:00 midnight PT on the first calendar day of the month and extending until 11:59 p.m. PT on the last calendar day of the month;
Commissionable Product: A product that Global Affiliate Rewards are paid on to a Global Advocate in accordance with the Mango & Moose Global Success Plan. Not all items being sold by Mango & Moose are commissionable.
Commissionable Volume (CV): The value assigned to each product on which Global Affiliate Rewards are calculated in accordance with the Mango & Moose Global Success Plan. This is generally 75% of the retail value of commissionable products and can be changed at Mango & Moose’s sole discretion at individual product level.
Curator Kit: Collections of products that a Global Advocate applicant is required to purchase at Wholesale to utilize contents as samples while hosting a Mango & Moose Bazaar.
Customer: A person who signs up at Mango & Moose website to purchase products. Customers are not allowed to retail products nor are entitled to the provisions in the Mango & Moose Global Success Plan. Following his/her first order, a Customer is assigned to a Global Advocate who is entitled to Global Affiliate Rewards on his/her subsequent orders.
Deactivation: Losing of privileges of being a Global Advocate due to inactivity in a 12-month period, termination or resignation. Deactivated Global Advocate’s Extended Team moves up one level permanently.
Direct Team: A Global Advocate’s all Personally Enrolled (PE) Global Advocates (a.k.a. “Level 1”)
Director Global Advocate (DGA): An Active Global Advocate with a minimum of 2,500 CV produced in a Commission Cycle for any two months in a three-month period by herself/himself and/or Active members of her/his Direct Team (if any)
Downline – All other Global Advocates under an Global Advocate's genealogy.
Downline Genealogy – Mango & Moose’s overall organizational structure that indicates where Global Advocates are assigned to be mentored. Executive Global Advocate (EGA): An Active Global Advocate with a minimum of 3,500 CV produced in a Commission Cycle for any three months in a four-month period by herself/himself and/or Active members of her/his Direct Team (if any) Extended Team: A Global Advocate’s whole group, including his/her Personally Enrolled (PE) Global Advocates.
Extended Team Volume: A Global Advocates total Commissionable Volume in a Commission Cycle, including his/her Personally Enrolled (PE) Global Advocates.
GA Support Team – The GA Support Team is located at Mango & Moose’s corporate office. They may be reached through the contact form on Mango & Moose's website (by selecting “Policies & Procedures” at https://www.mangoandmoose.com/contact) or via email directly at GASupport@mangoandmoose.com and are responsible for providing guidance and support to all Global Advocates to assist with development and growth of their businesses in compliance with these Policies & Procedures. Global Affiliate Rewards – Commissions that a qualified Global Advocate can earn on his/her Extended Team’s sales, calculated on Commissionable Volumes. For details regarding Global Affiliate Rewards amounts and qualifications, please refer to the Success Plan. Global Advocate (GA): Any person who has signed a Mango & Moose Independent Global Advocate Agreement, purchased a Curator Kit and in good standing (i.e. not deactivated). Global Success Rewards: Earnings of a qualified Global Advocate on his/her personal sales, calculated on Retail Volumes.
Hostess/Host - A person who agrees to host a Bazaar for an Independent Mango & Moose Global Advocate.
Household - One or more people who live in the same dwelling are considered a Household (this may consist of a single family or some other grouping of people residing in the same residence). ID Number – The identification number assigned to a Global Advocate by Mango & Moose for all Mango & Moose identification purposes. Inactivity: Global Advocate’s not meeting the minimum personal sales of $300 (retail value) in any given commission cycle. An inactive Global Advocate’s Extended Team moves up one level for that commission cycle (only) during which he/she is inactive.
Independent – This is a term that must be used to describe every Global Advocate. The term identifies a Global Advocate as an independent businessperson working with, not an employee of Mango & Moose.
Principle Global Advocate (PGA): An Active Global Advocate with a minimum of 1,500 CV produced in a Commission Cycle by himself/herself or Active members of his/her Direct Team (if any)
Leadership Bonus: The bonus paid to an Executive Global Advocate (EGA) on his/her 6th Level and below up to another qualified EGA (i.e. excluded).
Level: The relative position of a Global Advocate within the Extended Team of a Global Advocate in his/her upline. Those Global Advocates who are Personally Enrolled by another Global Advocate (i.e. “Mentor ”) would be considered that Mentor’s first level. Those Global Advocates who are Personally Enrolled by a Global Advocate’s first level would be considered that Global Advocate’s second level and so on.
Mango & Moose Bazaar: A gathering of potential buyers hosted by a Hostess for a Global Advocate to demonstrate and sell Mango & Moose products.
Mentor: The Global Advocate whom a Global Advocate is Personally Enrolled (PE) by (a.k.a. “First Upline”, “Sponsor”)
Paid-As Title - Refers to the rank at which a Global Advocate is qualified to earn Global Affiliate Rewards during the current pay period.
Personally Enrolled (PE): Any Global Advocate who is enrolled by a Global Advocate (a.k.a. “Mentor”). PE’s all together constitute Direct Team. Personal Retail Volume (PRV): A Global Advocate’s personal retail sales based on the local retail price, not including tax, shipping or any discounts.
Product Retail Credit: A Global Advocate’s or a Hostess’s entitlement to order products for free on retail value.
Qualifications for Commissions and Global Affiliate Rewards – In order to qualify for Commissions and Global Affiliate Rewards under the Mango & Moose Success Plan, an Global Advocate must meet all requirements as set forth in the Success Plan and must be in good standing with the Independent Global Advocate Agreement terms as well as the Policies and Procedures.
Qualification: Meeting of the requirements by a Global Advocate for any incentives, rewards or commissions assigned by Mango & Moose to any particular level of performance. Ranks: Titles granted by mango & Moose to Global Advocates for achieving the performances as stated in Mango & Moose Global Success Plan. Global Advocates are entitled to Global Affiliate Rewards that are calculated according to ranks. Global Affiliate Rewards are paid based on qualification, but not on ranks.
Recruit – For purposes of Mango & Moose’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement or effort to influence in any other way, either directly, indirectly or through a third party, another Mango & Moose Global Advocate or customer to enroll or participate in another multilevel marketing or direct sales opportunity.
Re-Enrollment – When a Global Advocate’s account has been voluntarily cancelled or deactivated, or has had no activity (0 Personal Retail Volume) for six (6) or more consecutive months, she or he may request Re-Enrollment as an Global Advocate as long as at least six (6) full calendar months have passed since the deactivation or inactivity date. Global Advocates who re-enroll after six (6) full calendar months are considered new Global Advocates and must purchase a Curator Kit. The Global Advocate’s enrollment date will be reset as of the date of Re-Enrollment and she or he will be eligible to participate in new Global Advocate incentives. Reinstatement – When a Global Advocate’s account has been voluntarily cancelled or deactivated, she or he may request Reinstatement as a Global Advocate within six (6) full calendar months of the deactivation date. A Global Advocate who has requested Reinstatement will be placed with her or his previous Mentor and Personal Sponsor and will not be eligible for reassignment to a new Mentor. She or he will not be entitled to purchase a Curator Kit. A Global Advocate who has been reinstated will not be eligible to participate in new Global Advocate incentives. A Reinstatement fee may be charged in Mango & Moose’s sole and absolute discretion. Replicated Website – A website provided by Mango & Moose to Global Advocates that utilizes website templates developed by Mango & Moose. Resalable – Products shall be deemed Resalable if each of the following elements is satisfied: the items are unused; the packaging and labeling are current and have not been altered or damaged; the items and their packaging are in condition such that it is commercially reasonable to sell the items at full price; and the items at the time of purchase were not identified as non-returnable, discontinued or seasonal products or subsequently are not discontinued at the time of return. Resignation: Leaving of a Global Advocate by his/her own will. Resigned Global Advocate’s Extended Team moves up one level permanently. Retail Sales Commission – The Retail Sales Commission (or “Commission” as used in these Policies & Procedures) is the profit earned by a Global Advocate for retail sales made to Retail Customers. The Retail Sales Commission is the difference between the retail price charged to Retail Customers and the wholesale price charged to a Global Advocate.
Retail Sales – Sales to a Retail Customer at the then current suggested retail price. RMA (Return Merchandise Authorization) Form - Document required in order to return defective or damaged products. Global Advocates who wish to return an item for either a refund or replacement must request a RMA label from Mango & Moose’s Care Team. Any returns sent without an RMA will be returned to sender at the cost of the sender. Smart Start: A special program whereby a newly enrolled Global Advocate and his/her Mentor are compensated for meeting the requirements in that Global Advocate’s first 60 days of his/her enrolment. Smart Start GA Bonus: The bonus paid to a Global Advocate for meeting the requirements of Smart Start within the first 60 days of his/her enrolment.
Smart Start Mentor Bonus: The bonus paid to a Mentor for helping a PE meet the requirements of Smart Start within the first 60 days of his/her enrolment.
Social Media – Any type of online media that invites, expedites or permits conversation, comment, rating and/or user-generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content or to comment or respond to content. Examples of social media include, but are not limited to, blogs, chat rooms, Facebook, Twitter, LinkedIn, Pinterest, Instagram and YouTube.
Sponsor -The Global Advocate under whom a new Global Advocate is enrolled in the system. The Sponsor is the Global Advocate who introduces the new Global Advocate to the Company and/or product. Success Plan -This is the plan that outlines how Global Advocates earn money through personally selling products and as a result of sales made by those on their Team of other Global Advocates. Termination -– An Global Advocate’s nonrenewal of her or his Independent Global Advocate Agreement, termination due to inactivity, or voluntary or involuntary termination of an Independent Global Advocate. Terminated Global Advocate’s Extended Team moves up one level permanently. Upline – This term refers to the Global Advocate(s) above a particular Global Advocate in the genealogy up to Mango & Moose. It is the genealogy that links any particular Global Advocate to Mango & Moose. Voluntary Cancellation - The closure of a Global Advocate’s business. An Global Advocate may voluntarily request to cancel their Global Advocate Account. Canceled Global Advocates cannot qualify for Commissions or Global Affiliate Rewards during the period in which they are canceled. EXHIBIT A TELEMARKETING RULES
A. RULES APPLICABLE TO TELEPHONE AND FAX The Canadian federal government operates a national Do-Not-Call registry that requires businesses to refrain from calling customers who register on the national “Do-Not-call” list (DNCL). You are prohibited from placing unsolicited telemarketing calls to customers that make a do-not-call request in one of two ways: There are significant penalties associated with calling a customer after a do-not-call request has been made. Accordingly, when calling customers to offer or sell Company products, these procedures should be followed.
Exceptions to the National Do-Not-Call List Subject to the ‘Important Note’ below, you are permitted to call customers that have registered their telephone numbers on the national DNCL, provided:
Important Note: If customers in any of these categories above request that they not be called, YOU MUST COMPLY WITH SUCH REQUEST. Cold Calls to Customers Not Within an Exception Category If you call a person who has registered their telephone number on the DNCL, you have violated Canadian federal law. Customers who have registered on the DNCL who still receive telemarketing calls will be able to file a complaint against you with the Canadian Radio-television Telecommunications Commission (CRTC). Violators of the DNCL registry rules will be subject to a fine of up to $15,000 per violation. It is your responsibility to ensure you do not call customers who have been registered on the DNCL for more than 31 days. The 31 days will provide a grace period to allow you time to update your telemarketing lists. In addition to subscribing to the national DNCL, you are still required to maintain your own do-not-call list and to honor a customer's request not to be called. You must not sell, rent, lease or publish the list or disclose any portion of the list to an individual outside your organization, including affiliates. You will be required to pay a fee to subscribe to the DNCL. Recommendations: Limit business-generating telephone calls to former customers and prospective recruits who fall within the “exception” categories identified above. Maintain a database for any customer or prospective recruit that has requested that you not call them again. Once a name and telephone number is entered into this database, it must be maintained for a period of at least 3 years.
B. OTHER CRTC TELEMARKETING RULES YOU NEED TO COMPLY WITH In addition to the new DNCL rules, you must also abide by the following CRTC rules. Contacting Customers
d) You must return customer's call within three (3) business days.
2. Automatic Dialing and Announcing Devices (ADADs) Prohibited: ADADs are equipment that store and dial telephone numbers automatically. They are typically used alone or with other devices to deliver a pre-recorded or synthesized voice message to the telephone number called. Use of ADADs in connection with your Company business is strictly prohibited. C. APPLICABLE PROVISIONS OF THE CANADIAN COMPETITION ACT You must also comply with the following provisions contained in this Canadian legislation: No person shall engage in “telemarketing” (which term includes promoting the supply of use of products or promoting any business interest) unless:
No person who engages in telemarketing shall make a representation that is false or misleading D. FAX RULES (INCORPORATING ADDITIONAL CRTC REQUIREMENTS) Global Advocates may not use a “blast fax” or similar program or service to send messages by fax. Global Advocates only may send fax messages to individuals with whom the Global Advocate has an existing business relationship (“EBR”) and to any individuals that have provided their prior express written permission to receive fax messages from the Global Advocate. All faxes sent to those with whom the Global Advocate has an EBR are subject to the following rules:
Calling hours are restricted to weekdays between 9:00AM and 9:30PM and weekends between 10:00AM and 6:00PM. Restrictions refer to the time zone of the called party. DO NOT FAX lists are to be maintained by the calling party and remain active for three years. The sender must give a unique registration number to all persons who request to be added to the do not FAX list. Names and numbers must be added within 7 days of the called party’s request. Sequential dialing is not permitted and fax calls are not permitted to emergency lines or healthcare facilities. |