1.1 Becoming MathiPay Exchange Affiliate
a) An applicant becomes Affiliate of MathiPay Exchange when the applicant's completed Application and Agreement has been received and accepted by the MathiPay Exchange, by Internet or by mail, at its Home Office. MathiPay Exchange reserves the right to decline any Agreement for any reason, at its sole discretion.
b) Affiliate uses his/her best effort to promote and sell products and services of MathiPay Exchange to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, Affiliate will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, MathiPay Exchange or other MathiPay Exchange Affiliates.
1.2 No Fee, Charge or Purchase Required
a) No initial fee, charge or purchase is required to become Affiliate.
1.3 Affiliate Obligations & Rights
a) Affiliates are authorized to sell MathiPay Exchange products and services and to participate in the Affiliate Compensation Plan. Affiliates may sponsor new Affiliates.
1.4 Legal Age
a) Affiliates must be of legal age in the state / province / country of their residence.
a) When a couple sharing Affiliate entity divorces or separates, MathiPay Exchange will continue to pay commission checks in the same manner as before the divorce or separation until it receives written notice signed by both parties or a court decree which specifies how future commission checks should be paid, provided and if applicable.
1.6 Corporations, Partnerships & Trusts
a) Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become Affiliates of MathiPay Exchange when the Agreement is accompanied by a federal ID number.
b) Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Affiliate entity must agree to hold such title, and MathiPay Exchange will hold each personally liable and bound by the Agreement and these Policies and Procedures and Terms and Conditions.
1.7 Fictitious or Assumed Names
a) A person or entity may not apply as Affiliate using a fictitious or assumed name.
1.8 Independent Contractor Status
a) Affiliates are Independent Contractors responsible for determining their own activities without direction or control by MathiPay Exchange.
b) They are not franchisees, joint venture, partners, employees or agents of MathiPay Exchange and are prohibited from stating or implying, whether orally or in writing, otherwise.
c) Affiliates have no authority to bind MathiPay Exchange to any obligation. MathiPay Exchange is not responsible for payment or co-payment of any employee benefits.
d) Affiliates are responsible for their liability, health disability and worker's compensation insurance.
e) Affiliates set their own hours and determine how to conduct business, subject to MathiPay Exchange Agreement, the Policies and Procedures and Terms and Conditions.
a) As Independent Contractors, Affiliates will not be treated as franchisees, owners, employees or agents of MathiPay Exchange for federal or state tax purposes including, with respect to the Internal Revenue Code, Social Security Act, federal unemployment act, state unemployment acts or any other federal, state, or local statute, ordinance, rule or regulation.
b) At the end of each calendar year, MathiPay Exchange will issue to each Affiliate an IRS Form 1099 applicable in US as required by law, or other applicable documentation for non-employee compensation as Affiliate.
2.0 Affiliate Identification Number
a) Affiliates are required by federal law to obtain a Social Security number or Federal ID number. Affiliates will be identified by this number, or a MathiPay Exchange assigned number, for purposes of MathiPay Exchange Exchange's business.
b) The Affiliate Identification Number must be placed on all orders and correspondence with the MathiPay Exchange.
2.1 Legal Compliance
a) Affiliates must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business.
b) Affiliates are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
2.2 No Exclusive Territories
a) No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on sponsoring or selling within the world; provided, however, that MathiPay Exchange reserves the right not to sell product or services or contract with Affiliates in specified states /provinces/countries in world.
3.0 Term & Renewal
a) Subject to this article the Agreement shall have a term which shall begin on the date of acceptance by MathiPay Exchange and end one year from the date thereof (the “Anniversary Date”).
a) Affiliates must renew annually, on the Anniversary Date and Affiliate has the right to decline to accept any renewal at its sole discretion.
b) MathiPay Exchange may require that Affiliates execute a new Agreement upon renewal.
c) Affiliates not renewing by the renewal date shall be deemed to have voluntarily terminated their Affiliate relationship with MathiPay Exchange, and thereby lose their Affiliate entity, all sponsorship rights, their position in the Compensation Plan and all rights to commissions and bonuses.
d) Affiliates who fail to renew their Affiliate status may not reapply under a new sponsor for three (3) months after non-renewal.
a) Affiliates may sponsor other Affiliates into MathiPay Exchange Exchange's business. Affiliates must ensure that each potential new Affiliate has reviewed and has had access to the current Policies and Procedures, Terms and Conditions and Compensation Plan prior to or when giving the individual an Agreement.
4.2 Multiple Agreements
a) If an applicant submits multiple completed Affiliateship Application forms which list different sponsors, only the first completed Agreement received by MathiPay Exchange will be accepted.
4.3 Training Requirement
a) A Sponsor must maintain an ongoing professional leadership association with Affiliates in his or her organization and must fulfill the obligation of performing a bona fide supervisory or sales function in the sale or delivery of products and services.
4.4 Income Claims
a) Affiliates must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective Affiliates, nor may Affiliates use their own incomes as indications of the success assured to others.
b) Commission checks may not be used as marketing materials. Affiliates may not guarantee commissions or estimate expenses to prospects.
4.5 Transfer of Sponsorship
a) The MathiPay Exchange does not permit the transfer of sponsors. Direct Marketing is a business of creating relationships.
b) Once an Affiliate is sponsored, the MathiPay Exchange believes in maximum protection of that relationship.
c) The only exception of articles in section 4.5 (a) above is upon prior written approval of MathiPay Exchange to correct ethical violations as determined at the sole discretion of MathiPay Exchange executive committee in the home country.
4.6 Cross Sponsoring
a) Affiliate may not sponsor, or attempt to sponsor, any non-personally sponsored Affiliates in any other Network Marketing company.
b) In addition to preceding article in section 4.6(a) above, no Affiliate may participate in any action that causes another Affiliate to be sponsored through someone else into another network marketing company.
5.0 Resignation & Termination
5.1 Voluntary Resignation
a) Affiliate may voluntarily terminate his or her Affiliate status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to MathiPay Exchange.
b) Voluntary resignation is effective upon receipt of such notice by MathiPay Exchange.
c) Affiliate who resigns or terminates their Affiliate status may reapply as Affiliate, three (3) months after resignation.
a) Affiliate may be suspended for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by MathiPay Exchange.
b) When a decision is made to suspend Affiliate, MathiPay Exchange will inform the Affiliate in writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any).
c) The suspension notice will be sent to the Affiliates “address on file” pursuant to the notice provisions contained in the Policies and Procedures and Terms and Conditions. Such suspension may or may not lead to termination of the Affiliate as so determined by MathiPay Exchange at its sole discretion.
d) If the Affiliate wishes to appeal, MathiPay Exchange must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. MathiPay Exchange will review and consider the suspension and notify the Affiliate in writing of its decision within thirty (30) days from the date of the suspension notice.
e) The decision of MathiPay Exchange will be final and subject to no further review. MathiPay Exchange may take certain action during the suspension period, including, but not limited to, the following:
i) Prohibiting the Affiliate from holding himself or herself as Affiliate or using any of MathiPay Exchange's proprietary marks and/or materials;
ii) Withholding commissions and bonuses that are due the Affiliate during the suspension period;
iii) Prohibiting the Affiliate from purchasing services and products from MathiPay Exchange; and/or
iv) Prohibiting the Affiliate from sponsoring new Affiliates, contacting current Affiliates or attending meetings of Affiliates.
f) If MathiPay Exchange, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Affiliate has occurred, the suspended Affiliate may be terminated.
6.1 Affiliate may be immediately terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, Terms and Conditions and the Compensation Plan and other documents produced by MathiPay Exchange upon written notice.
6.2 MathiPay Exchange may terminate a violating Affiliate without placing the Affiliate on suspension, at MathiPay Exchange's sole discretion. When the decision is made to terminate Affiliate, MathiPay Exchange will inform the Affiliate in writing at the address in the Affiliate's file that the termination has occurred.
7.1 If Affiliate wishes to appeal the termination, MathiPay Exchange must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final.
7.2 If Affiliate files a timely notice of appeal, MathiPay Exchange will review the appeal and notify the Affiliate of its decision within ten (10) days after receipt of the appeal. The decision of MathiPay Exchange will be final and subject to no further review.
7.3 In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
8.0 Effect of Termination
8.1 Immediately upon termination, the terminated Affiliate:
a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of MathiPay Exchange.
b) Must cease representing themselves as Affiliate of MathiPay Exchange;
c) Loses all rights to his or her Affiliate position in the Compensation Plan and to all future commissions and earnings resulting therefrom;
d) Must take all action reasonably required by MathiPay Exchange relating to protection of MathiPay Exchange's confidential information. MathiPay Exchange has the right to offset any amounts owed by Affiliate to MathiPay Exchange including, without limitation to any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the Affiliate.
9.1 The acceptance of any reapplication of a terminated Affiliate or the application of any family member of a terminated Affiliate shall be at the sole discretion of MathiPay Exchange and can be denied.
10.0 State Laws
10.1 Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.