Success By Health Membership
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Terms and Conditions
1. The Terms and Conditions define and establish (1) certain principles to be followed in the development and maintenance of a Success By Media (dba Success By Health; aka SBH) AFFILIATE Membership and (2) the rights, duties and responsibilities of each AFFILIATE and Success By Health (the Company). The Terms and Conditions are designed to preserve and protect the benefits available to all Company AFFILIATEs and the Company.
a. Success By Health is a company that is built on the foundation of Integrity, Trust and Edification. AFFILIATE agrees that in their dealing with Customers, fellow Independent AFFILIATEs, and the Company, they will build their business on the same foundation. If any circumstance detracts from this foundation, the AFFILIATE will deal with it immediately in a professional manner. AFFILIATE agrees to not allow any attempt to destroy the foundation of the Company’s stance on Integrity, Trust and Edification. Any Disparagement towards fellow SBH AFFILIATEs, Customers, or the Company in any form will not be tolerated. AFFILIATE agrees to always create a positive environment when conducting business as an SBH AFFILIATE.
2. Consent and Agree: All SBH AFFILIATEs acknowledge that they have carefully read all of the Terms and Conditions. The AFFILIATE agrees to operate his or her business in accordance with all the rules and regulations, as set forth by the Company in its Terms and Conditions and any amendments, supplements, or replacements in the future, a copy of which is available in his or her AFFILIATE back office extranet.
3. Contractual Relationship: The Company and each of its AFFILIATEs have entered into a binding independent contractual relationship. The AFFILIATE also understands that by entering into this independent contractual relationship, he or she has agreed to be bound by the Terms and Conditions contained herewith. As an SBH AFFILIATE, he or she shall have the right to sell products in accordance with the Company’s Terms and Conditions.
a. The AFFILIATE acknowledges that he or she is not an employee of the Company and shall not be entitled to receive from the Company any employee benefits whatsoever, and the Company shall not be required to make contributions for workers compensation and other similar levies in respect of payments to be made to the Affiliate.
b. The AFFILIATE acknowledges that as a wholly independent contractor, he or she is not purchasing a Franchise or exclusive Business Ownership Status. The AFFILIATE also acknowledges that they are not an employee or a staff member of the company and must not represent themselves as such at any time.
4. a. Applicant Registration Requirements: To become a duly authorized AFFILIATE, selling the Company’s products and referring other potential AFFILIATEs an applicant must complete a registration application and pay a SBH AFFILIATE Membership Fee. The independent application must be received and accepted by the Company before an individual can become an AFFILIATE. If an Application is submitted through the Internet, that Application will be considered an original application and he or she will be deemed to have accepted the Company’s Terms and Conditions. Incomplete applications will not be accepted and are the sole responsibility of the Applicant. The Company is under no obligation to notify an applicant of an incomplete or faulty application. The Company reserves the right to accept or reject any application and is under no obligation to offer any reason for rejection.
b. Without limiting the Company’s rights, the following are requirements for becoming an SBH AFFILIATE: (1) Applicant must be at least 18 years of age (or age of majority); (2) Not be in jail or otherwise confined to any correctional institution. The Company reserves the right to accept or reject any AFFILIATE registration application. Consequently, the application is not binding until received and accepted by the Company. Each AFFILIATE is allowed to only have interest in ONE AFFILIATE Membership per household (Example: Husband and wife must be on ONE Membership). An AFFILATE cannot have both a personal and a company membership. They must choose one or the other. This protects the integrity of the Company’s Commission Plan. Any violations of this term and condition will not be tolerated and violators of this term and condition will be immediately Terminated. The AFFILIATE agrees to an Annual AFFILIATE Membership Fee in the amount of $49 (US). This fee provides membership, and all its benefits, for one calendar year from the date of purchase. Benefits include, but not limited to, an SBH AFFILIATE Replicated Website, SBH AFFILIATE Back Office, SBH Electronic Banners, access to companies online training portal, and the ability to refer others to the SBH AFFILIATE Program and earn commissions and other rewards as set forth by the Company. AFFILIATE agrees to a small commission processing fee each time commissions are paid to AFFILIATE. The Company will pay out commissions to the AFFILIATE once the minimum commissions of $20 US is reached. Any commissions under $20 US will be maintained in the AFFILIATES Back Office Commission Wallet until the minimum accumulated $20 US commission threshold is reached. The AFFILIATE understands that this Agreement shall automatically renew annually and annual SBH AFFILIATE Member fee will be charged on AFFILATES annual anniversary date. The Company has permission from the AFFILIATE to charge the credit card on record the SBH Annual AFFILIATE Membership renewal fee of $49.00 (US) on the anniversary date unless the AFFILIATE cancels his or her AFFILIATE Status in writing to the Company before the anniversary date (submit cancellation via a support ticket). All AFFILIATE Membership fees and Annual Renewal Fees are Non-Refundable. If the credit card on file for the Annual AFFILIATE Membership Fee declines, the AFFILIATE will have 5 business days to provide the company with a valid payment in order to remain active. If after 5 business days a declined fee has not been remedied, the AFFILIATE’s Membership will be Terminated. The AFFILIATE further understands that all rights to commissions, bonuses, rebates, and any other compensation shall be forfeited should their account become terminated.
c. Shipment of Products: AFFILATES and Customers who purchase through Company or any AFFILIATES Replicated Website, agrees to provide a valid shipping address when purchasing products. AFFILATE acknowledges that Company will ship products to the shipping address provided WITHOUT the requirement of a signature to receive products. AFFILIATE agrees to have someone available at the address provided to receive products at the time of delivery. If AFFILIATE does not have someone available to receive products when they are delivered, and the delivery service leaves the products at the door or outside of the delivery address, AFFILIATE agrees to be completely responsible for delivered products. If products are left outside of delivery location and are stolen, destroyed, or come up missing for whatever reason, AFFILATE agrees to accept full responsibility for products. The company will not reimburse AFFILIATE for products in these cases. If products are returned to for whatever reason to the Company’s warehouse, AFFILIATE agrees to pay for the reshipment and handling fees for those products.
5. Assignment and Transfer: The AFFILIATE acknowledges that this Agreement may not be assigned or transferred without written consent from the Company.
6. Licenses and Permits: The AFFILIATE understands that he or she will be responsible for obtaining all necessary licenses and permits and for complying with all applicable federal, state, provincial and/or municipal laws, codes and regulations in connection with his or her activities as an AFFILIATE. The AFFILIATE also agrees to abide by any and all federal, state, provincial, territorial, municipal, local laws, rules and regulations pertaining to this Agreement and/or the acquisition, receipt, holding, selling, distribution, or advertising of Company products. An AFFILIATE agrees at his or her own expense, to make, execute or file all reports and obtain licenses required by law or public authority with respect to this Agreement and/or the receipt, holding, selling, distributing of the Company’s Products.
7. Taxes: The AFFILIATE will be fully responsible for paying all applicable federal, state, territorial, or provincial withholding taxes, source deductions, sales tax, taxes, employment insurance premiums, workman’s compensation contributions or other tax contributions and other premiums, license requirements and fees related to his or her activities as an AFFILIATE if they are required.
8. Regulatory and Compliance: The AFFILIATE understands that no attorney general or other regulatory authority reviews, endorses, or approves any product, membership, commission program, or company, and he or she will make no such claims to others. In the event a question shall arise concerning legal compliance by the Company, such questions shall be submitted to the Company’s Support Ticket System in writing.
9. Truthful and Accurate: The AFFILIATE certifies that neither the Company nor his or her Referrer has made any claims of guaranteed earnings or representations of anticipated earnings that might result from his or her efforts. The AFFILIATE understands that he or she may not make any verbal or written statements regarding claims of income or potential earnings that might result from his or her efforts or the efforts of others, unless specifically disclosed in a AFFILIATE commission summary provided from time to time by the Company. AFFILIATE also certifies that neither the Company nor his or her Referrer has made any Medical Claims regarding any cure, treatment, diagnoses, or prevention of any disease or illness in relation to any Success By Health products. AFFILIATE agrees that now, and in the future, not to make any income or medical claims whatsoever. AFFILIATE understands that commissions are solely earned on the sale of company products.
10. Resignation of AFFILIATE: An AFFILIATE may resign from his or her AFFILIATE status at any time and for any reason (Membership Fee is Non-Refundable), by appropriately submitting a support ticket at: www.sbmsupport.com
11. Indemnification: The AFFILIATE agrees to indemnify and to hold the Company blameless from any and all claims, damages, and expenses, including reasonable attorney fees, arising out of the AFFILIATE’s actions and conduct in violation of the Company’s Terms and Conditions.
12. Rights and Responsibilities: AFFILIATE has the ability to refer others to purchase the company’s products and services. AFFILATE has the right to earn commissions based on the Company’s AFFILIATE Commission structure. Affiliate is responsible to obtain training through the Company’s AFFILIATE Back Office or online portals (Company Private Groups, etc). The AFFILIATE’s Referrer is not responsible to train or support them. As such, AFFILIATES are not responsible to train or support anyone they refer to the program. Any training support a Referrer offers to someone they refer is a bonus. All training support that AFFILIATES will need is supplied through the Company’s AFFILIATE Back Office platform under the training section or through designated online portals (Company Private Groups, etc). Each AFFILIATE’s sole responsibility in Referrership, is to simply refer others to the Company’s Products and Affiliate Program. From there, it is up to each AFFILIATE to obtain training from the company’s Back Office or designated online training portals (Company Private Groups, etc).
a. AFFILIATES are compensated for the sale of Products sold to Customers and through their sales to Customers through their AFFILIATE organization. No AFFILIATE will ever be compensated for referring other affiliates. Without question, the sale of products to end consumers is the basis of the Company’s Affiliate Commission program and must be emphasized while referring other Affiliates.
13. Personal Orders: AFFILIATES may only order product for their personal use through their own personal website link or personal company back office. AFFILIATES are strictly prohibited from ordering products through any other AFFILIATE’s website link. In other words, it is strictly prohibited for any AFFILIATE to try and manipulate the Company’s Commission Plan by setting up a structure to order products for their personal use through other AFFILIATE’s website links for the purpose of earning more commissions or advancing in rank. Any AFFILATE found violating this condition will have their Success By Health / Success By Media Membership terminated immediately.
14. Refunds: SBH AFFILIATE Membership fees, product purchases, event ticket purchases, and courses are completely Non-Refundable. NO EXCEPTIONS.
If an AFFILIATE files any chargeback with their Credit Card company, this will be grounds for legal action against the AFFILIATE.
AFFILIATE agrees that all SBH Product(s) and/or Service(s) are nonrefundable and non-disputable for any reason whatsoever. AFFILIATE agrees to accept the Product(s) and/or Service(s) provided by SERVICE PROVIDER as delivered in full even if a product or service is on “Back-Order.” AFFILIATE agrees to wait until product is delivered. AFFILIATE warrants that no credit card payment, check, e-check or other payment made to Company by AFFILIATE, or a third party for AFFILIATE’s benefit, shall be disputed, or a chargeback filed with the credit card issuer for any reason.
In some instances, a breach in these Terms could cause damages to the Company, but proving the actual damages would be impossible. These instances shall result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
Each time an AFFILIATE violates the No Refund Policy and files a chargeback or disputes a purchase they made from the Company, the liquidated damages will be three (3) times the amount of each of AFFILIATE’s disputed payments(s) to Company, but not less than $1,000US (one thousand dollars).
CONFESSION OF JUDGMENT
AFFILIATE agrees that purchase transactions with the Company are business transactions. AFFILIATE also agrees that if they or the credit card holder, if applicable, dispute a payment made to Company or if the transaction is reversed by the Merchant Processor for any reason, and AFFILIATE does not reimburse Company within 3 business days via Wire Transfer, AFFILIATE agrees that Company may immediately obtain a judgment for the original amount charged, plus the liquidated damages, along with any and all costs of collections, court costs, and/or reasonable attorneys fees. AFFILIATE irrevocably authorizes any attorney to appear in any court of competent jurisdiction and confess a judgment against AFFILIATE without process in favor of the creditor (Company) for such amount as may then appear unpaid hereon, and to consent to immediate execution upon such judgment.
In the event of any chargebacks or product returns to the Company for whatever reasons, the Company will apply its strict policy as mentioned above, and any commissions paid to any Company AFFILIATES from the sale of returned product will be subtracted from the following commission payout run.
15. Confidential Information: On a periodic basis, the Company may supply confidential information in the form of AFFILIATE genealogies, training, reports, and other sensitive material, which will provide information to the AFFILIATE about his or her SBH AFFILATE business and organization. The AFFILIATE agrees upon receipt of said information that such information is proprietary and confidential and will not disclose such information to any third party directly or indirectly nor use the information to compete with the Company either directly or indirectly.
16. For a period of one (1) year following termination of AFFILIATE’s Membership with the Company, the AFFILIATE shall not, directly or indirectly, personally or through any services to any partnership of which he or she is a partner or employee or through any corporation or other entity in which he or she has any interest or by whom he or she is employed, solicit or induce any Company AFFILIATE, executive, administrative, sales or other staff and/or employee, or member of the Company or any of its AFFILIATES to leave the Company or the Company's employment or compete with the Company or any of its AFFILIATES in any area of United States or Internationally in any activity in which the Company or its affiliates may have been engaged within two (2) years prior to the termination of this Agreement.
17. Sales Tax: If applicable in any city, state, territory or province, the AFFILIATE understands and agrees to the charge and remittance of any Sales Tax based on the retail price they set for the product should they sale to the public on all applicable product orders unless tax exempt.
18. Selling Conduct: The AFFILIATE agrees not to alter, repackage, re-label, affix additional labels of information (other than their contact information) or otherwise change any Company product, nor will the AFFILIATE sell any such product under any other name.
19. Arbitration: The AFFILIATE understands that all claims and disputes relating to this Agreement, the right and obligation of the parties or any other claims relating to the performance of either party under this Agreement and/or purchase of products or services may be settled by Arbitration pursuant to the rules of due process in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Proceedings will be held in a State of Nevada Court. Each party to the arbitration shall be responsible for their own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall not be binding unless agreed to by both parties.
20. Consent to Jurisdiction: The AFFILIATE consents to the exclusive jurisdiction of the State and/or Federal Courts located in Nevada in any action arising out of or relating to the formation, construction, interpretation, and enforceability of the application agreement terms and conditions. The AFFILIATE waives any other venue to which either party might be entitled by domicile or otherwise.
21. Choice of Law: The formation, construction, interpretation and enforceability of the AFFILIATE Agreement, and all its parts, shall be governed solely and exclusively by the laws of the State of Nevada, without giving effect to any choice of law or conflicts of law rules or provisions (whether of the State of Nevada or any other Jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Nevada and all parties consent to the jurisdiction and venue of a State or Federal Court located in Nevada.
22. Damages: The AFFILIATE agrees that regardless of the form of claim, whether in tort, contract or other, the Company, its subsidiaries and affiliated companies and its officers, directors, employees, staff, contractors and/or agents shall NOT be liable for any consequential, incidental, special, or punitive damages, including lost profits or any other claims against the Company. No legal action may be brought by either party to this Agreement more than one year after the event giving rise to the cause of action.
23. Accuracy: The AFFILIATE certifies the accuracy of all the information provided by him or her in this Agreement and agrees that the providing of false or misleading information authorizes the Company, at its election, to declare this Agreement void from its inception.
24. Disclaimers: The AFFILIATE will make no claims of therapeutic or curative properties regarding the Company products or Income Claims involving the Company’s AFFILIATE Commission Plan that are NOT contained in official Company literature that is produced and distributed by the Company. The Company’s products are not intended to diagnose, treat, cure, prevent, or mitigate any disease and should never be offered as such. An AFFILIATE shall not suggest any diagnosis, prognosis, evaluation, treatment, description, management or remedy of illness, ailment or disease. An AFFILIATE may not make any false, unreasonable, misleading, or intentionally misrepresenting income projections to prospective or current AFFILIATES. FDA DISCLAIMER: *Any statements about our Company’s products have not been evaluated by the Food and Drug Administration. *Consult your physician before beginning use of any supplemental products, nutritional products, or beginning any exercise program.
25. Non-Compete: Under no circumstances may a SBH AFFILIATE directly compete against the company with a similar program. Every AFFILIATE agrees not to encourage, solicit, or otherwise attempt to persuade any other AFFILIATE to compete with the business of the Company. AFFILATE may not solicit other Company AFFILIATES to join other Direct Sales businesses whatsoever. This clause does not prevent an AFFILIATE from participating in other AFFILIATE Opportunities so long as they do not solicit other Company AFFILIATES and participate in opportunities that are not in direct competition with the Company.
26. Advertising: Every AFFILIATE has the right to promote the company’s products utilizing the company’s advertising material supplied in the company’s AFFILIATE Back Office (including Banners, Business Cards, etc). Any other Advertising Material must be approved by the company, including business cards, social media, banners, business cards, flyers, hats, t-shirts, printed material, etc. AFFILIATE is not authorized to use Company’s logo and trademarks without company’s permission unless specifically designated by Company for AFFILIATE’s use in AFFILIATE Back Office.
27. Modification: From time to time these Terms and Conditions may need adjustments. If any AFFILIATE is unwilling to accept any changes, he or she may resign from his or her Affiliate Membership Status. Any refunds or adjustments will be made according to the provisions in these Terms and Conditions. Any changes will be posted immediately into AFFILIATE’s back office extranet and/or Company’s Private Group pages. Logging into the Company’s Back Office extranet constitutes the AFFILIATE’s consent to any and all changes to the company’s Terms and Conditions and any Policies and Procedures.
28. Disciplinary Measures: The Company reserves the right to enforce these Terms and Conditions and any Company Policies and Procedures, and to sanction violating AFFILIATES as necessary in order to preserve the goals and purpose of the Company’s Affiliate Program. The Company shall have authority to enforce these Terms and Conditions and any Company Policies and Procedures that might be in place. The discipline can range from: verbal reprimand, written reprimand, suspension, withdrawing of an award recognition, canceling bonuses, and/or termination of AFFILIATE’s Membership with the Company.
29. AFFILIATE agrees to not violate any Trademark or Copyright Laws.
30. ADDENDUM FOR INTERNATIONAL RESIDENTS TO
INTERNATIONAL SUCCESS BY MEDIA / SUCCESS BY HEALTH: TERMS AND CONDITIONS
The following Terms and Conditions are specifically for International Residents who are AFFILIATE’s of Success By Media / Success By Health. An International Resident is defined for purposes of this document as any individual who is residing outside of the United States of America.
International Residents acceptance of this Addendum
This addendum is incorporated into and forms an integral part of the Success By Media / Success By Health AFFILIATE Agreement for all International Residents, and as such it is the responsibility of each International Resident to be aware of and comply with applicable portions of this Addendum.
US Laws and Regulations
All contracts, agreements and sales of Success By Media / Success By Health products are provided to International residents under US Laws and Regulations, with acceptance of contracts and sales of goods occurring at Success By Media / Success By Health Company Headquarters located in the State of Nevada unless a specific Success By Media / Success By Health office is established in the International Residents country. Upon establishment of an office in a country other than the US, Success By Media / Success By Health will ensure compliance with all local laws and regulations as required.
Currency used for Pricing and Commissions
Whenever prices, commissions, or fees of any type are stated in Success By Media / Success By Health literature, forms or on any website, the currency stated is always in US DOLLARS unless specifically stated otherwise with the official currency abbreviation following the value. For example official currency abbreviations include: CDN for Canadian Dollar, SGD for Singapore Dollar, or HKD for Hong Kong Dollar and so forth.
Applications will only be accepted if the country is officially open for business by Success By Media / Success By Health. AFFILIATEs MUST use true and accurate information related to identity and residence on applications. In lieu of a US Social Security Number or Tax ID number, a valid ID will be required for identification with the Affiliate’s address as stated on their application (Tax ID number, Passport Number, Driver’s License Number, or Government ID). In addition, a completed and current US IRS W-8BEN form is required to be on file with Success By Media / Success By Health in order to receive commission payments.
AFFILIATE Benefits may be slightly adjusted dependent upon local requirements. Promotional and Incentive contests and programs may provide a dollar value for the prize or program rather than the actual prize itself. In addition, the dollar value for such a prize may be capped at a specific level for International Residents. The commissionable volume and qualifying volume of the Company’s Commission Plan may be adjusted to account for doing business in a particular country.
Not For Resale Programs
Where Not For Resale programs are implemented by Success By Media / Success By Health for a specific country, NO further re-selling of purchased products is allowed. Success By Media / Success By Health may also limit the quantities purchased to a reasonable amount for personal use by the Customer/AFFILIATE and their family. All customers and AFFILIATES MUST be referred to Success By Media / Success By Health’s main website or an AFFILIATE’s website for direct purchase or application to become an AFFILIATE, and the shipment and supply of product will come directly from Success By Media / Success By Health.
Additional Country Specific Rules and Policies
In addition to standard US Policies, Success By Media / Success By Health may provide additional information for your specific country as to prohibitions and other guidelines related, but not limited to, product claims, marketing & advertising, and discussions of other competitive company products. Please check your SBH AFFILIATE Back Office for specifics for your country.
International Residents are responsible for reporting their income and paying their own income taxes in the country where they claim residence. It is required to maintain a current US IRS W-8 BEN on file with Success By Media / Success By Health to receive commissions. With a W-8BEN form on file, commissions will be paid without US tax withholding.
Bonus and Commission Qualifications
Success By Media / Success By Health may elect to increase the minimum amount of commissions to issue payment for International Residents. Payment may be in the form of US Dollar check, direct deposit, debit card, or other electronic payment. Please consult your specific countries business operations plan for details located in the Company’s Back Office extranet.
A check/commission processing fee (if charged by Success By Media / Success By Health) will be applicable for other forms of payment be it check, debit card or electronic payment. There may be additional deductions from other independent processing companies or banks to receive funds in local currency or withdraw funds from ATM machines.
Product returns from International Residents
Return policies may be different for each individual country Success By Media / Success By Health supplies and will be advertised for that specific country when the country is opened. Typically, there are no refunds allowed in Success By Media / Success By Health. However, laws in certain International countries may have different refund requirements. In such cases, the Company will comply with such laws. In the event of a return or refund, all prepaid local duties, taxes and shipping will be deducted from any return when an International Resident is making the return of the product for a refund directly from the company. If a return is applicable, all returns require authorization from Success By Media / Success By Health, and instructions will be given as the disposition of the return product on an individual basis. In some cases, International Returns are not allowed (finished sales will be considered final). Any commissions paid to any AFFILIATES for any refund or return will be subtracted from the next commission run.
Payment Policy for International Residents
Acceptable payment for each country may be different based on the AFFILIATE plan for that country. However, in general Credit Cards will be accepted for purchases where possible, based on Success By Media / Success By Health merchant bank approvals. All purchases on Credit Cards processed in the US shall be in US Currency unless specified. Where credit cards are not used, alternate methods of payment will be explained for the specific country opening.
Sales and VAT Taxation on Retail Sales
Success By Media / Success By Health will charge and collect appropriate Sales and VAT taxes for all purchases (wholesale and retail) made from its web based shopping cart for each country open and remit such funds to the appropriate government as required. However, should AFFILIATE’s make significant retail sales from previously purchased product at wholesale prices from Success By Media / Success By Health, it is then the responsibility of the AFFILIATE to register for VAT or sales tax according to the regulations where the sale takes place, and collect and remit Sales and VAT taxes as required for sales in the specific country of sale. Success By Media / Success By Health is not responsible for any sales or VAT tax collection or payments, where the sale does not occur through its web based shopping cart.
(Version: Feb 2018)