I agree that I am a distributor in good standing with
SendOutCards and that I am and will continue to remain in compliance with all
Policies and Procedures and other agreements with SendOutCards.
Advertising
General
All Distributors shall safeguard and promote the good reputation of
SendOutCards and its products. The marketing and promotion of
SendOutCards, the SendOutCards opportunity, the Marketing and Compensation
Plan, and SendOutCards products and services shall be consistent with the
public interest, and must avoid all discourteous, deceptive, misleading,
unethical or immoral conduct or practices. If a Distributor wishes to
utilize any of the Company's products or services to promote the sale of the
Company's products or services, or to promote the SendOutCards business, the
Distributor must utilize one of the marketing and advertising text messages
approved by the Company. If a Distributor wishes to create their own
advertising material, he or she must submit all written sales aids, promotional
materials, advertisements, and other literature (including proposed Internet
advertising) to the Company for approval. Unless the Distributor receives
specific written approval to use the material, the request shall be deemed
denied.
SendOutCards Logos, Imagery and Text
Distributors may use the SendOutCards Independent Distributor logos
available for download at the Company's official website for approved
advertising and promotional services. SendOutCards slogans, imagery, text on
publicly viewable and back end or logged in pages, promotional materials, brochures,
signs and other documentation are not permissible to be used by Distributors
without written approval from the company. Approval may be discontinued at any
time by the company. Approval is automatically discontinued if there is any
alteration of any kind to an approved item.
Distributor Web Sites
If a Distributor desires to utilize an Internet web page to promote his or
her business, he or she may do so through the Company's official web site,
using official SendOutCards replicated sites: SOCReview.com and SOCLink.com. No
other web sites are approved for use. Distributors may not use any of
SendOutCards logos, imagery or text or proprietary information on any web site
without prior written approval from SendOutCards Corporate Office. Distributors
may not link to SendOutCards web sites from non¨Capproved web sites.
Team Training Sites not designed to
promote SendOutCards, but serve to support a distributor's downline organization
may be created under the following conditions. The distributor creating the
site must be Executive rank or above in good standing with SendOutCards and a
current or prior Guest of the Eagles Nest. The site must be password protected
to allow only distributors access to the site. The password should be given to
anyone who wants it. Access must be provided without cost or fee. The site must
adhere to all other policies and procedures. Provide access to SendOutCards
Corporate Offices for ongoing, periodic review. SendOutCards reserves the right
to revoke permission at any time and for any reason. Any web site whose
permission has been revoked will cease any and all operations immediately upon
receiving notice of cancellation of permission.
Domain Names and Ad Words
Distributors may not use or attempt to register any of SendOutCards' trade
names, trademarks, service names, service marks, product names, the Company's
name, or any derivative thereof, for any Internet domain name. For example sallysendoutcards.com,
SOC.com, sendoutcardsinc.com
etc. Registered domain names that violate this policy must be released to
SendOutCards Corporate.
This policy further applies to any purchased Ad Words for search engine placement
or sponsored links on any web site. This does not apply to meta tags or
non-purchased search engine optimization.
Trademarks and Copyrights
SendOutCards will not allow the use of its trade names, trademarks, designs,
or symbols by any person, including a SendOutCards Distributors, without its
prior, written permission. Distributors may not produce for sale or
distribution any recorded Company events and speeches without written
permission from SendOutCards nor may Distributors reproduce for sale or for
personal use any recording of Company-produced audio or video tape
presentations.
Media and Media Inquiries
Distributors must not attempt to respond to media inquiries regarding
SendOutCards, its products or services, or their independent SendOutCards
business. All inquiries by any type of media must be immediately referred
to SendOutCards' Marketing Department. This policy is designed to assure
that accurate and consistent information is provided to the public as well as a
proper public image.
Spamming and Unsolicited Faxes
Except as provided in this section, Distributors may not use or transmit
unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or
"spamming" or use an automatic telephone dialing system relative to
the operation of their SendOutCards businesses. The term "automatic
telephone dialing system" means equipment which has the capacity to: (a)
store or produce telephone numbers to be called, using a random or sequential
number generator; and (b) to dial such numbers. The terms
"unsolicited faxes" and "unsolicited e-mail" mean the
transmission via telephone facsimile or electronic mail, respectively, of any
material or information advertising or promoting SendOutCards, its products,
its compensation plan or any other aspect of the company which is transmitted
to any person.
SendOutCards has a zero tolerance policy in regards to sending unsolicited
(email/fax/pages/news) messages. Use of SendOutCards services to send
unsolicited communications will result in the -IMMEDIATE- termination of your
account, and possibly legal action and the collection of fees at $50 per
incident and $100 per hour. Communications of this nature sent from other
networks but referencing services hosted on SendOutCards' networks will also
result in account termination. While bulk email is the primary concern,
SendOutCards' Spam policy applies to all other forms of bulk communications.
SendOutCards requires adherence to all of the following policies:
1) The sender of bulk email must use, at a minimum, a double opt-in method
to confirm recipients indeed want to receive bulk email from you. Claiming the
recipients have an existing relationship with you, or a "partner," is
not acceptable. By "double opt-in" we mean:
An individual must first ask to be added to your
list. Upon receiving the request, you must immediately email them back and ask
them to confirm their subscription by replying to the email and indicating
their willingness to receive additional messages. This confirmation must use an
email address authentication scheme that prevents recipients from being signed
up for lists by anyone other than themselves. If bulk email is sent without
this confirmation from the recipient, the sender is considered to be in
violation of SendOutCards' policy.
2) The sender of bulk email must be able to prove that the recipient
contacted the sender to request that such messages be received in advance of
the bulk mailing. You cannot include email addresses that were acquired from
"partners."
3) SendOutCards requires distributors who send bulk email to maintain a
database that contains the following information about the recipient list:
*Date and time of the recipient's request to be
added to your list
*IP address that the customer made the request
from, (if applicable)
4) Upon request, the sender of bulk email must be able to provide both
SendOutCards and the recipient with the above information within one business
day.
5) Unsubscribe information should be available at the bottom (or top) of each
message that is sent out. The sender of the list must act upon all unsubscribe
requests within one business day. All unsubscribe requests must also be
processed before additional mailings are sent out.
Violation of SendOutCards' Spamming Policy will result in immediate
termination of distributorship. If a distributorship is terminated for this
reason no refunds or credits will be given, and in accordance with the above
policy fees will be applied to the credit card on file.
Indemnification
A Distributor is fully responsible for all of his or her verbal and written
statements made regarding SendOutCards products, services, and the Marketing
and Compensation Plan which are not expressly contained in official
SendOutCards materials. Distributors agree to indemnify SendOutCards and
SendOutCards' directors, officers, employees, and agents, and hold them
harmless from any and all liability including judgments, civil penalties,
refunds, attorney fees, court costs, or lost business incurred by SendOutCards as
a result of the Distributor's unauthorized representations or actions.
This provision shall survive the termination of the Distributor Agreement.
Income Claims
In their enthusiasm to enroll prospective Distributors, some Distributors
are occasionally tempted to make income claims or earnings representations to
demonstrate the inherent power of network marketing. This is
counterproductive because new Distributors may become disappointed very quickly
if their results are not as extensive or as rapid as the results others have
achieved. At SendOutCards, we firmly believe that the SendOutCards income
potential is great enough to be highly attractive, without reporting the
earnings of others.
Moreover, the Federal Trade Commission and several states have laws or
regulations that regulate or even prohibit certain types of income claims and
testimonials made by persons engaged in network marketing. While
Distributors may believe it beneficial to provide copies of checks, or to
disclose the earnings of themselves or others, such approaches have legal
consequences that can negatively impact SendOutCards as well as the Distributor
making the claim unless appropriate disclosures required by law are also made
contemporaneously with the income claim or earnings representation.
Because SendOutCards Distributors do not have the data necessary to comply with
the legal requirements for making income claims, a Distributor, when presenting
or discussing the SendOutCards opportunity or Marketing and Compensation Plan
to a prospective Distributor, may not make income projections, income claims,
or disclose his or her SendOutCards income (including the showing of checks,
copies of checks, bank statements, or tax records).
Privacy
No distributor shall redistribute or resell any
information gathered or submitted to their sites for any purpose. All
information gathered shall only be used for the purpose of sharing the SendOutCards
program, no other use of the information is permitted. Any and all contact with
gathered contact information shall be to promote SendOutCards products and
services. No additional contact should be made to promote any other product or
service offered by the distributor or for any other third party.
Do not collect or store any non-public
personal information on any contact received, such as tax ID or financial data
of any kind. If at any time anyone requested to be removed from your contact
list you agree to honor the request and delete the individual's information and
have no further contact with that individual. In accepting the terms and
conditions of this agreement, I understand that I may be held personally liable
both financially and legally for the misuse of any individual's personal or
business information.
Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, or any illegal,
fraudulent, deceptive or unethical business conduct by a Distributor may
result, at SendOutCards' discretion, in one or more of the following corrective
measures:
Issuance of a written warning or admonition;
Requiring the Distributor to take immediate
corrective measures;
Imposition of a fine, which may be withheld from
bonus and commission checks;
Loss of rights to one or more bonus and commission
checks;
SendOutCards may withhold from a Distributor all
or part of the Distributor's bonuses and commissions during the period that
SendOutCards is investigating any conduct allegedly in violation of the
Agreement. If a Distributor's business is canceled for disciplinary
reasons, the Distributor will not be entitled to recover any commissions
withheld during the investigation period;
Suspension of the individual's Distributor
Agreement for one or more pay periods;
Involuntary termination of the offender's
Distributor Agreement;
Any other measure expressly allowed within any
provision of the Agreement or which SendOutCards deems practicable to implement
and appropriate to equitably resolve injuries caused partially or exclusively
by the Distributor's policy violation or contractual breach;
In situations deemed appropriate by SendOutCards,
the Company may institute legal proceedings for monetary and/or equitable
relief.