One Twenty Four, LLC Last Modified: 03/20/2012
Preferred Customer Policies and Procedures
Code of Ethics
As a Preferred Customer (hereinafter ‘PC’) of One Twenty Four, LLC (hereinafter "One24" or "the Company") I hereby promise and agree that:
1. I will be honest and forthright in all my transactions while acting as a PC of One24, and will perform all activities in a manner that will enhance my reputation and the reputation of One24.
2. I will not engage in any illegal or deceptive practice.
3. I will make no income claims or representations regarding the One24 Compensation Plan, except those in One24 literature. I acknowledge that a One24 PC's success depends on many variables, such as amount of time and effort committed to his or her business and his or her skills and organizational ability.
4. I will make no claims for One24 products, services or its income opportunity except as published in official One24 literature.
5. I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as a PC of One24 products and services, including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all federal and state tax purposes.
Operational Policies and Procedures
1. The only requirement to become a Preferred Customer in One24 is a one-time initial product purchase. This purchase also includes all marketing material and a replicated website (at no additional cost) for selling the products of One24. There are no kit purchases required and no inventory requirements. To qualify for commissions, a Preferred Customer is required to have a $60 Personal Volume from referrals or customers each month, or personal purchases ($60) for resale or consumption, and have at least one other Preferred Customer. Commission disbursements may be adjusted to account for any product returns made by the PC or their commissionable referrals.
One24 reserves the right to decline any PC Application, including the application of any person who has had a financial interest of any kind in any One24 PC under a different PC account in the preceding six months.
2. Returns and Refunds. One24 will refund 100% of the original product purchase price, for unopened containers (minus shipping and commissions earned on account). Refunds must be requested and returned product received by our warehouse within 60 days of initial order date. Customer is responsible for the return shipping charges. A return authorization number must be requested by contacting Customer Service at http://support.124online.com. Refunds may require up to 3 weeks for processing from the date the product is returned. All additional terms of the buy-back laws of any state jurisdictions will be honored. Additionally, Montana customers who cancel within 15 days are entitled to a 100% refund of any consideration given to participate.
3. Legal age. PCs must be of legal age in the state or province of their residence.
4. PC rights. All PCs are authorized to sell One24 products and services, and to participate in the One24 Compensation Plan. All PCs may enroll new PCs and Customers.
5. Married couples. Married couples who both wish to participate may maintain separate account status. Each account must meet the all PC requirements separately.
6. Corporations, Partnerships and Trusts may apply to become PCs of One24 only when the PC Application and Agreement is accompanied by a valid Federal ID Number.
7. Fictitious and assumed names prohibited. A person or entity may not apply as a PC using a fictitious or assumed name.
8. Independent Contractor status. All PCs are independent contractors with One24, and not franchisees, joint ventures, partners, employees, or agents of One24. PCs are strictly prohibited from stating or implying, whether orally or in writing, that they are franchisees, joint ventures, partners, employees, or agents of One24. PCs may not bind One24 to any obligation.
9. Indemnity. PC agrees to indemnify and hold harmless One24, its shareholders, employees, agents, and successors in interest from and against any claim, demand, liability, loss, cost, or expense, including, but not limited to, attorney's fees arising or alleged to arise in connection with the PC account, and any matter related to the PC's performance under the PC Agreement.
10. Taxes. PCs will be treated as independent contractors for all federal or state tax purposes. As independent contractors, PCs will not be treated as employees, franchisees, joint ventures, partners, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Tax Act, state unemployment acts, or any other federal, state, or local statue, ordinance, rule, or regulation.
11. Legal compliance. All PCs shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All PCs are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year, One24 will issue an IRS Form 1099-MISC for non-employee compensation for PCs as required by law.
12. Identification Numbers. All PC’s will be issued a PC Identification number upon enrollment. The PC identification number must be indicated by the PC on all correspondence with One24, including paperwork for enrolling, product ordering, etc. All PCs will also be required to provide a Social Security number or Federal ID number, and One24 will use this number for all government reporting purposes.
13. Other products and services. PCs are not restricted from selling the products and services of other companies. PC’s are not permitted to contact the Personal Referrals of other PC’s without their knowledge and consent for the purposes of selling the products and services of other companies.
14. No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any PC imply or state that he or she does have an exclusive territory. There are no geographical limitations (within the U.S. and its possessions) on PC enrolling.
15. Enrolling is not compensated. One24 PCs may enroll other PCs into the One24 program. However, PCs are compensated only on product sales volume, and never for enrolling additional participants into the program.
16. Multiple applications. If one applicant submits multiple Applications, only the first completed form to be received by One24 will be accepted. One24 reserves the right to resolve such disputes.
17. Obligations of Enrollers. PCs who choose to enroll are required to assure the adequate training of their enrolled PCs. "Adequate training" includes (but is not limited to) education regarding One24 rules and regulations, Compensation Plan, product information, sound business practices, sales strategies, and ethical behavior.
18. Voluntary termination. A PC may voluntarily terminate his or her PC account by failing to be active for 3 consecutive months, or upon written notice to One24. Voluntary termination is effective upon receipt of such notice by One24 at its home office. A PC who terminates his or her PC account may reapply after waiting six months from termination.
19. Involuntary Termination or Suspension. A PC may be involuntarily suspended or terminated by One24 for violating any of the terms of this Agreement or the provisions of any applicable laws. In ordinary cases, the Company will comply with the following procedures before taking such action:
a. Complaint(s) by one PC against another PC regarding any alleged violation(s) will be accepted only if sent to the One24 home office in writing signed in ink. No phone or email complaints will be accepted.b. Normally, the first determination by the Company that a PC has committed a violation of the policies or procedures will result in a warning by telephone call to the PC. The occurrence and substance of this phone call will be documented and kept in Company records.c. A second violation will result in a written reprimand or disciplinary letter to be delivered by email and certified mail or courier to the violating PC. Such disciplinary action may include partial or temporary suspension of commissions.d. Upon a third violation, the Company may terminate the PC. Notification of such proposed action will be made via certified mail or courier to the PC citing evidence of the violations. Should no response be provided by the PC within 15 days from the date of the notification letter, the termination will, upon Company decision, become final.e. In any situation where the PC has committed a violation that results in notification, complaint, or demand from state or federal regulatory authorities (e.g. FTC, FDA, or AG), or if PC issues a credit or debit card chargeback against the Company, the Company reserves the right and option to omit the foregoing procedure and to immediately terminate the PC upon even a first violation. f. The terminated PC must immediately cease representing himself/herself as a PC, and will be barred from reapplying as a PC with One24 for one year. Where applicable state law on termination of a PC is inconsistent with Company policy, such state law shall govern.
a. Complaint(s) by one PC against another PC regarding any alleged violation(s) will be accepted only if sent to the One24 home office in writing signed in ink. No phone or email complaints will be accepted.
b. Normally, the first determination by the Company that a PC has committed a violation of the policies or procedures will result in a warning by telephone call to the PC. The occurrence and substance of this phone call will be documented and kept in Company records.
c. A second violation will result in a written reprimand or disciplinary letter to be delivered by email and certified mail or courier to the violating PC. Such disciplinary action may include partial or temporary suspension of commissions.
d. Upon a third violation, the Company may terminate the PC. Notification of such proposed action will be made via certified mail or courier to the PC citing evidence of the violations. Should no response be provided by the PC within 15 days from the date of the notification letter, the termination will, upon Company decision, become final.
e. In any situation where the PC has committed a violation that results in notification, complaint, or demand from state or federal regulatory authorities (e.g. FTC, FDA, or AG), or if PC issues a credit or debit card chargeback against the Company, the Company reserves the right and option to omit the foregoing procedure and to immediately terminate the PC upon even a first violation.
f. The terminated PC must immediately cease representing himself/herself as a PC, and will be barred from reapplying as a PC with One24 for one year. Where applicable state law on termination of a PC is inconsistent with Company policy, such state law shall govern.
20. Appeals An involuntarily terminated PC may appeal the termination by submitting a letter of appeal, stating the grounds of the appeal. This letter must be sent U. S. Mail or private delivery service RETURN RECEIPT REQUESTED and must be received by One24 within 15 days of the date of mailing of the Company's initial termination notice. If the Company has not received a letter of appeal by that deadline, the involuntary termination shall automatically become final.
If a PC files a timely appeal, One24 will, in its sole discretion, review and reconsider the termination and notify the PC of its decision. The decision of the Company shall be final and subject to no further review. If the appeal is denied, the termination shall remain in effect as of the date of the Company's original termination notice.
21. Effect of suspension. Should One24 deem it necessary to suspend an PC, such suspension could mean that the PC may not have the right to represent themselves as a PC of One24 and that any commissions, royalty overrides, or bonuses due will be held by One24 pending resolution.
22. Effect of termination. In the event an PC is terminated, effective with such termination the PC can no longer sell One24 products and services, or enroll other PCs. The PC also loses all rights to commissions, bonuses, and all other benefits.
23. Confidentiality Agreement. Information contained in any report provided to a PC by One24 is proprietary and confidential to One24, and is transmitted to the PC in strictest confidence. The PC agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with One24 or for any purpose other than promoting One24. One24 reserves the right to seek damages to the fullest extent of the law.
24. Succession. Upon the death of a PC, the PC account shall pass by will or interstate succession, as provided by law. One24 will require the successor in interest to sign and be bound by the then current PC Agreement. The successor shall then be entitled to all the rights and subject to all the obligations, just as any other One24 PC.
25. Trademarks. The name One24 and the names of all One24 products and services are the registered or unregistered trademarks of and owned by One24. Only One24 is authorized to produce and market products and literature under these trademarks. Use of the One24 name on any item not produced or authorized by One24 is prohibited. PCs are not permitted to use the One24 trade name or trademarks in advertising their telephone or fax numbers in the white or yellow page sections of the telephone book.
26. Imprinted business cards or letterheads. One24 PCs are not permitted to incorporate into their own business card or letterhead graphics any One24 trade name or trademarks. Only the approved One24 graphics version and wording are permitted, and letterhead must be ordered either from One24 directly or from a One24 approved source.
27. Company literature. Only official One24 literature may be used in presenting One24 products, services and the One24 income opportunity. Company literature may not be duplicated or reprinted without prior written permission from One24. All promotional material of any nature, including electronic, must be approved in advance and in writing by One24.
28. Media interviews. PCs are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize One24, its products, services or their individual One24 business except with the express, written approval of One24.
29. Internet. No PC may independently design or publish a web site that uses the names, logos, or product descriptions of One24 without written permission from One24.
a) No PC may use "blind" ads on the Internet making product or income opportunity representations that are or may be associated with One24.b) No PC may under any circumstance use the Internet for the purpose of indiscriminate "bulk" or unsolicited mailing, generally known as "spamming." c) No PC may violate any local, state, or federal laws regarding the Internet or any generally accepted ethical codes of Internet conduct.
a) No PC may use "blind" ads on the Internet making product or income opportunity representations that are or may be associated with One24.
b) No PC may under any circumstance use the Internet for the purpose of indiscriminate "bulk" or unsolicited mailing, generally known as "spamming."
c) No PC may violate any local, state, or federal laws regarding the Internet or any generally accepted ethical codes of Internet conduct.
30. Independent communications. PCs, as independent contractors, are encouraged to distribute information and direction to their respective PC group. One24 encourages the use of newsletters, phone and other methods of communicating. PCs must identify their personal communications as such, and not give the impression that such communications are the official communications of One24. PC may not use One24 resources (e-mail addresses, phone numbers, address lists) to promote or solicit for other personal, business or other interests.
31. Endorsements. No endorsements of any kind, including by One24 officers, may be alleged, except as expressly communicated in One24 literature or approved in writing.
32. Copying prohibited. PCs shall not copy for sale or personal use audio or video taped material detailing the One24 income opportunity or product or service presentations, events, or speeches, including conference calls without written permission from One24. 33. Payment of Commissions. Commissions will be processed on or before the 10th of the month following the production. Minimum amount for payment of Commission and Override checks: $12.00. Check processing fees: $1.00 for paper checks. Company will accrue commissions until such time as the amount is a minimum of $12.00. Orders placed on accounts that have been requested to be cancelled in the same period are considered non-qualifying orders. Any commissions paid on cancelled or refunded orders are subject to adjustments to any accounts that received compensation from those orders.
34. Damaged goods. The shipping company is responsible for any damage that occurs after it takes physical custody of the goods. A PC who receives damaged goods should follow this procedure:
a) Accept delivery.b) Before the driver leaves, document on the delivery receipt the number of boxes that seem to be damaged.c) Save the damaged products or boxes for inspection by the shipping agent.d) Make an appointment with the shipping company to have the damaged goods inspected.e) File a claim with the shipping company.
a) Accept delivery.
b) Before the driver leaves, document on the delivery receipt the number of boxes that seem to be damaged.
c) Save the damaged products or boxes for inspection by the shipping agent.
d) Make an appointment with the shipping company to have the damaged goods inspected.
e) File a claim with the shipping company.
35. Sales tax. For purchases made from the Company, when applicable, One24 collects and remits applicable state tax which may be due on the suggested selling price of those products and/or materials which are subject to tax. The applicable rate of tax due is based on the address to which the product and/or materials is shipped. All PCs must pay tax (if required) to the Company on their personal purchases made for personal use and consumption. As a PC, you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.
36. Price changes. All One24 product and literature prices are subject to change without notice.
37. Buyer's right to cancel. Federal law empowers a buyer to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25 or more that occur away from the seller's main office.
38. Liability. To the extent permitted by law, One24 shall not be liable for and PC releases One24 from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by PC as a result of (a) the breach by PC of this Agreement, (b) the operation of PC's business, (c) any incorrect or wrong data or information provided by PC, or (d) the failure to provide any information or data necessary for One24 to operate its business, including without limitation, the enrollment and acceptance of PC into the income opportunity or the payment of commissions and bonuses.
39. Amendments. One24 reserves the right to amend this Agreement, its prices, product availability, and Compensation Plan as it deems appropriate. Amendments will be communicated to all PCs through One24 publications. Amendments are effective and binding on all PCs as of the date of their publication.
40. Severability. If any provision of this Agreement, including these rules and regulations, or any specification or operating procedure which One24 has prescribed is held to be invalid or unenforceable under law or rule of any applicable jurisdiction, One24 shall have the right to modify the invalid or unenforceable provision to the extent necessary to render it valid and enforceable. The PC shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
41. Jurisdiction. All disputes and claims relating to this Agreement, the One24 Compensation Plan, its products, the rights and obligations of a PC and One24, or any other claims or causes of action relating to the performance of this Agreement by either party, shall be governed by the laws of Florida and shall be adjudicated totally and finally in Miami, Florida, or such other location as One24 prescribes. Louisiana residents only: In the event of a dispute for jurisdictional purposes, a Louisiana resident PC shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.
42. Limitation of damages. To the extent permitted by law, One24 and its affiliates, officers, directors, employees, and other representatives shall not be liable for, and the PC hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to One24 performance, non-performance, act, or omission with respect to the business relationship or other matters between the PC and One24 whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the PC shall not exceed, and is hereby expressly limited to, the amount of unsold One24 products and services owned or held by the PC and commissions owing. 43. Preferred Customers are limited to the use of a single credit card on a maximum of three One24 accounts. 44. Telephone answering. PCs may not answer the telephone in any manner that would lead the caller to believe that he or she has reached the corporate offices of One24. 45. Advanced Payment Policy. All orders are shipped within 24 business hours from the time your credit card is debited. If we are unable to ship within the promised time, we will notify you my mail, telephone, or email, and give a revised shipping date and offer you the chance to cancel the order for a full refund or accept the new shipping date.