Polices and Procedures

I acknowledge that in purchasing Green Fuel products from Powered By Green Fuel I had the choice to be a consumer or an affiliate, both at the same product purchase price. I have made the decision to purchase a product package of Powered By Green Fuel and chosen to become an affiliate to the company to share information about the entire product range and receive a compensation for any customers I refer to the company website. I have read and understand the compensation plan for affiliates in its entirety and agree to be bound by the following terms and conditions. Effective 2nd April 2024

1.   Policies and Compensation Plan Incorporated into Associate Agreement; Amendments.

These Policies and Procedures, in their present form and as amended at the sole discretion of Powered by Green Fuel Pty (hereafter “PBGF” or the “Company”), are incorporated into the PBGF Independent Affiliate Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the PBGF Independent Affiliate Agreement, the Policies and Procedures, and the PBGF Compensation Plan. Independent Affiliates shall be referred to herein as “Affiliates.” The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in the Affiliate’s Back-Office, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. An Affiliate may cancel his/her PBGF Business at any time pursuant to Section 31 of these policies.

2.   Policies and Provisions Severable.

If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or course of action of an Affiliate against PBGF shall not constitute a defense to PBGF’s enforcement of any term or provision of the Agreement.

3.   Independent Contractor Relationship.

Affiliates are independent contractors, are not employees of PBGF. In all written, graphic, or digital material used for PBGF business purposes, Affiliates must represent themselves as a “PBGF® Independent Affiliate.” In verbal conversations with prospective Affiliates and Customers, Affiliates must likewise introduce themselves as an “Independent PBGF Affiliate.” Affiliates shall not lead anyone to believe that they are employees or agents of PBGF or represent the Company in any manner.

4.   General Conduct.

Affiliates shall safeguard and promote the good reputation of PBGF and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Affiliates shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which Affiliates must adhere pursuant to this policy, the following standards specifically apply to Affiliates’ activities: Because you are operating your own business, it is your responsibility to know and comply with applicable laws that impact your business. Deceptive conduct is always prohibited. Affiliates must ensure that their statements are truthful, fair, accurate, and are not misleading. If an Affiliate’s PBGF business is cancelled for any reason, the Affiliate must discontinue using the PBGF name, and all other PBGF intellectual property, and all derivatives of such intellectual property, in postings on all social media, websites, or other promotional material. Affiliates may not represent or imply that any state or federal government official, agency, or body has approved or endorses PBGF, its program, or products. Affiliates must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in the course of their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force.

5.   Social Media.

In addition to meeting all other requirements specified in these Policies, if an Affiliate utilizes any form of social media in connection with their PBGF business, including but not limited to blogs, Facebook, Twitter, LinkedIn, YouTube, Tic Toc or Pinterest, the Affiliate agrees to each of the following: Affiliates are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media site that they own, operate, or control. Affiliates may not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party. Affiliates shall NOT state or imply that the Affiliate is an employee, agent or representative of the Company. The Affiliate must plainly and conspicuously state that he or she is an Independent Affiliate of the Company. It is each Affiliate’s responsibility to follow the social media site’s terms of use. Any social media site that is directly or indirectly operated or controlled by an Affiliate that is used to discuss or promote PBGF ’s products, or the PBGF opportunity may not link to any website, social media site, or site of any other nature that promotes the products, services, or business program of any other direct selling company than PBGF. During the term of this Agreement and for a period of 12 calendar months thereafter, an Affiliate may not use any social media site on which they discuss or promote, or have discussed or promoted, the PBGF business or PBGF ’s products to directly or indirectly solicit PBGF Affiliates for another direct selling or network marketing program. If an Affiliate creates a business page on any social media site that promotes or relates to PBGF, its products, or opportunity, the page may not promote or advertise the products or opportunity of any other network marketing business other than PBGF and its products. Also, any PBGF products being advertised for sale are not to be advertised at a price lower than the retail price setting within the PBGF website. If the Affiliate’s PBGF business is cancelled for any reason or if the Affiliate becomes inactive, the Affiliate must deactivate the page.
  1. Affiliate Created Marketing Methods, Advertising, and Promotional Material. Affiliates must use only PBGF approved sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the PBGF business or PBGF’s products or These materials are available in the Document Library of Affiliate’s Back- Office. The Affiliate is not prohibited from creating and/or using Affiliate created Sales Tools but these Sales Tools must be approved by PBGF administration before use without exception. Any Sales Tools created by any Affiliate will remain to the benefit of that Affiliate and PBGF will not share them with any other Affiliate without the written consent of the Affiliate that created them,

7.   Telephone Solicitation.

Affiliates who desire to utilize telephone solicitation, including the use of a call center, to contact prospective Affiliates and present to them the PBGF business opportunity may do so provided the Affiliate strictly adheres to the following guidelines:
  1. Affiliate shall immediately disclose that he or she is an Independent Affiliate of Powered by Green Fuel
  2. Affiliate shall not state or imply, in any manner, that he/she is calling on behalf of or represents Powered by Green Fuel.
  3. The Affiliate must request an email address from the prospective Affiliate for which to send a copy of the Income Disclosure Statement (IDS). If an email address is not available, the Affiliate must read the entire IDS to the prospective Affiliate.

8.   Trademarks and Copyrights.

The name “PBGF” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of PBGF. The Company grants Affiliates a limited license to use its trademarks and trade names in promotional media for so long as the Affiliate’s Agreement is in effect. Upon cancellation of an Affiliate’s Agreement for any reason, the license shall expire, and the Affiliate shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances after discontinuation may an Affiliate use any of PBGF’s trademarks or trade names in any email address, website domain name, social media handle, social media name, social media site or address. PBGF commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Affiliates, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Company events can be recorded, however sharing these recordings on any social media site can only be done with the written permission of PBGF.

9.   Affiliate Web Sites.

Affiliates may not create their own website to promote their PBGF business that competes with the official PBGF website or seeks to give affiliate an unfair advantage over all other affiliates. Official PBGF supplied Replicated Websites are the only online forum through which PBGF Product sales and new PBGF Affiliate enrollments may be transacted. Affiliates may use landing pages as a steering page to their PBGF replicated site only, and any social media and sales sites that will directly compete with the official PBGF website to sell products by retail are strictly prohibited. All landing pages that affiliate wishes to utilize must be submitted to PBGF at [email protected] for review and written approval before being made active and no modifications can be made without re-submitting landing page for further approval.

10.   Retail Outlets.

To support the Company’s direct selling method of distribution and to protect the independent contractor relationship, PBGF Affiliates require express written permission from PBGF to sell PBGF products, or in any other way promote the PBGF opportunity or products in any retail, wholesale, warehouse, or discount establishment. Notwithstanding the foregoing, Affiliates may display and sell PBGF products at professional trade shows or on any approved social media platform providing they do not breach the terms of engagement with that platform.

11.   Change of Sponsor.

There is no method by which any affiliate can change their sponsor once affiliate is placed in binary system.

12.   Product Claims.

Affiliates must not make claims, including but not limited to testimonials, about the functionality of PBGF’s products that are not contained in official PBGF literature or posted on PBGF’s official website. PBGF Affiliates may produce their own testimonials from themselves and their customers which may be used as long as said testimonial is submitted to the company and has received company approval before being shared to the general public.

13.   Income Representations.

Affiliates must always present the PBGF income opportunity in a fair and honest fashion. Affiliates must not overstate the income potential, must never represent that successor income is assured to those who join as PBGF Independent Affiliates.

14.   Income Disclosure Statement.

When presenting the PBGF business to a prospective Affiliate, or in any case in which you are discussing the PBGF income opportunity with a prospective Affiliate, the presenting Affiliate must provide the prospect(s) with the most current version of PBGF ’s Income Disclosure Statement (the “IDS”). The IDS can be downloaded from Affiliate’s Back-Offices. During the presentation, the Affiliate must make it clear that income is not guaranteed and must thoroughly review the current IDS with the prospect. If an Affiliate is presenting the PBGF business to an audience using a slide or other visual presentation, one of the slides or pages of the presentation must contain the current IDS, and there may be no other graphics or text on the slide or presentation page. The presenting Affiliate must thoroughly discuss the IDS with the audience.

15.   Compensation Plan and Program Claims.

When presenting or discussing the PBGF Compensation Plan, the Affiliate must make it clear to prospects that financial success in PBGF requires commitment, effort, and sales skill. Conversely, an affiliate must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to: It’s a turnkey system. The system will do the work for you. Just get in and your downline will build through spillover. Just join and I’ll build your downline for you. The Company does all the work for you. You don’t have to sell anything. All you have to do is buy your products every month. The above are just examples of improper representations about the Compensation Plan and the Company’s program. It is important that you do not make these, or any other representations, which could lead a prospect to believe that they can be successful as an Affiliate without commitment, effort, and sales skill.

16.   Media Inquiries.

Affiliates must not interact with the media regarding the PBGF business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to PBGF’s marketing department.

17.   Non solicitation.

PBGF Affiliates are free to participate in other network marketing programs. However, during the term of this Agreement and for one year thereafter, with the exception of an Affiliate’s personally sponsored downline Affiliates may not directly or indirectly Recruit other PBGF Affiliates for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another PBGF Affiliate to enroll or participate in another network marketing opportunity. Conduct constitutes recruiting even if the Affiliate’s actions are in response to an inquiry made by another Affiliate or Customer. If an Affiliate is engaged in other non-PBGF business or Network Marketing program, it is the responsibility of the Affiliate to ensure that his or her PBGF business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Affiliate must not: Display PBGF promotional material, sales aids, or products with or in the same location as, any non-PBGF promotional material or sales aids, products or services. Offer, discuss, or display any non-PBGF opportunity, products, services or opportunity at any PBGF related meeting, seminar, convention, webinar, teleconference, or other function. PBGF and Affiliate agree that any violation of this policy shall cause PBGF irreparable harm for which there is no adequate remedy at law, and the injury to PBGF shall outweigh the potential injury to Affiliate, and therefore PBGF shall be entitled to emergency and permanent injunctive relief to prevent further violations of this policy.

18.   Cross-Sponsoring.

Actual or attempted cross sponsoring is strictly prohibited. “Cross sponsoring” is defined as the enrollment of an individual who or entity that already has a current Customer or Affiliate Agreement on file with PBGF, or who has had such an agreement within the preceding six calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. Affiliates shall not demean, discredit or defame other PBGF Affiliates in an attempt to entice another Affiliate to become part of the first Affiliate’s marketing organization. This policy shall not prohibit the transfer of a PBGF business in accordance with Section 30. If Cross Sponsoring is discovered, it must be brought to the Company’s attention immediately. PBGF may take disciplinary action against the Affiliate that changed organizations and/or those Affiliates who encouraged or participated in the Cross Sponsoring. PBGF may also move all or part of the offending Affiliate’s downline to his or her original downline organization if the Company deems it equitable and feasible to do so. However, PBGF is under no obligation to move the Cross Sponsored Affiliate’s downline organization, and the ultimate disposition of the organization remains within the sole discretion of PBGF. Affiliates waive all claims and causes of action against PBGF arising from or relating to the disposition of the Cross Sponsored Affiliate’s downline organization.

19.   Pirating.

Pirating of Affiliates is strictly prohibited. “Pirating” is described as the act of sponsoring an individual or business into the organization, or the attempt thereof, that was introduced to PBGF by another Affiliate.
  • 1st Offense – The pirating Affiliate will be issued a verbal warning and written warning via email, text message and/or Facebook messenger.
  • 2nd Offense – The pirating Affiliate will be issued a written warning, verbal warning and the pirating Affiliate’s account will be set to “Inactive” for a period of 30 (thirty) calendar
  • 3rd Offense – The pirating Affiliate will be issued a written warning, verbal warning and the pirating Affiliate’s account will be set to “Inactive” for a period of 183 (one hundred and eight three) calendar days.
In all pirating offenses the pirated Affiliate will have their sponsorship changed to the correct sponsor and the commission earned by the pirating Sponsor will be transferred from the pirating Sponsor to the correct Sponsor. To avoid being accused of pirating, Affiliates shall always ask the following question immediately upon speaking to an individual or business that you would like to sponsor or are considering sponsoring. – “Has another PBGF Affiliate spoken to you about joining PBGF?”

20.   Handling Personal Information.

If you receive Personal Information from or about prospective Affiliates or Customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential Customers, Affiliates and prospective Affiliates’ name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.

21.   Confidential Information.

“Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to PBGF ’s Affiliates and/or Customers: (a) that is contained in or derived from any Affiliates’ respective Back-Office; (b) that is derived from any reports issued by PBGF to Affiliates to assist them in operating and managing their PBGF business; and/or (c) to which an Affiliate would not have access or would not have acquired but for his/her affiliation with PBGF. Confidential Information constitutes proprietary business trade secrets belonging exclusively to PBGF and is provided to Affiliates in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Affiliate’s use in building and managing his/her Independent PBGF business. Any violation of this policy shall cause PBGF irreparable harm for which there is no adequate remedy at law. The parties further agree that the harm to PBGF shall outweigh any harm to the Affiliate if injunctive relief is awarded to the Company. PBGF shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of this policy.

22.   Actions of Affiliated Parties and Household Members.

The term “Business Entity” shall mean any corporation, partnership, limited liability company, trust or other entity that owns or operates a PBGF independent business. The term “Affiliated Party” shall mean any individual, partnership, trust, limited liability company, or other entity that has an ownership interest in, or management responsibility for, a Business Entity. A Business Entity and each Affiliated Party must comply with the Agreement. If a Business Entity and/or any Affiliated Party violates the Agreement, PBGF may take disciplinary action against the Business Entity and/or against any or all of the Affiliated Parties. In addition, if a household family member of an Affiliate engages in conduct that would be a violation of the Agreement, the conduct of the household family member may be imputed to the Affiliate.

23.   Negative Comments.

Complaints and concerns about PBGF should be directed to the Customer Service Department by emailing [email protected] . Affiliates must not disparage, demean, or make negative remarks to third parties or other Affiliates about PBGF, its owners, officers, directors, management, other PBGF Affiliates, the Marketing and Compensation Plan, or PBGF’s directors, officers, or employees. Disputes or disagreements between any Affiliate and PBGF shall be resolved through the dispute resolution process, and the Company and Affiliates agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.

24.   Adjustment to Bonuses and Commissions.

Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to PBGF for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company from the affiliates compensated by the sale. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs, and continuing every pay period thereafter until the commission is recovered, from the upline Affiliates who received bonuses and commissions on the sales of the refunded products. PBGF’s Compensation Plan pays up to 60% of total company Sales Volume in commissions and bonuses to Independent Affiliates, leaders and Country Licensee’s. If any payout calculation results in total payout exceeding 60% of Sales Volume, Team Bonuses will be adjusted on a pro- rated basis so that the total payout (all bonuses and commissions) is capped at no more than 60% of Sales Volume. The standard affiliate commissions on all company website product sales are as follows: –
  1. 25% of retail value of all direct
  2. 5% of retail value of direct first 3 sales of any direct associated affiliate.
  3. 6% of retail value will be paid to appointed state leaders for all website sales within the appointed state. (State leaders are appointed by the company and not owned by any affiliate and can be reassigned at the discretion of the company).
  4. Benefit of a binary matrix of all retail sales less direct commissions formulated to pay out at 6% after deduction of direct commission payments in items 1, 2 and 3.
PBGF reserves the right to withhold or reduce any Affiliate’s compensation as it deems necessary to comply with any garnishment or court order directing PBGF to retain, hold, or redirect such compensation to a third party.

25.   Mastership Levels

Each Mastership level is not achieved on your personal efforts alone it is achieved as a reward from the efforts of your entire team. As you are promoted in the Mastership levels your position upon promotion is yours for as long as you remain active within the PBGF Affiliate program, and you will never be demoted. You will also retain your share of the lesser positions in the Mastership steps that you have already surpassed. Teamwork makes the dream work.
  1. Return of Merchandise and Sales Aids by Affiliates Upon Cancellation or Termination. Upon cancellation or termination of an Affiliate’s Agreement, the Affiliate may return products and Sales Tools that he or she personally purchased from PBGF within 12 months prior to the date of cancellation so long as the goods are in currently marketable condition. Upon the Company’s receipt of returned goods and confirmation that they are in currently marketable condition, the Affiliate will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition” if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, or which has passed it commercially reasonable usable or shelf-life, is not in currently marketable condition. The merchandise must be returned within 30 days from the date of cancellation/termination.

27.   Order Cancellation.

Federal and state law requires that Affiliates notify their retail customers that they have 10 days (this also includes Alaska residents, who typically have five business days; 15 days for North Dakota residents aged 65 and over. Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their initial purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. Affiliates shall verbally inform their customers of this right.

28.   Disciplinary Sanctions.

Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Affiliate that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of the Affiliate’s PBGF business, and/or any other disciplinary measure that PBGF deems appropriate to address the misconduct. In situations deemed appropriate by PBGF, the Company may institute legal proceedings for monetary and/or equitable relief.

29.   Indemnification.

Affiliates agree to indemnify PBGF for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that PBGF incurs resulting from or relating to any act or omission by Affiliate that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. PBGF may elect to exercise its indemnification rights through withholding any compensation due the Affiliate. This right of setoff shall not constitute PBGF’s exclusive means of recovering or collecting funds due PBGF pursuant to its right to indemnification.

30.   Effect of Cancellation.

An Affiliate whose business is cancelled for any reason will lose all Affiliate rights, benefits and privileges. This includes the right to represent yourself as an Independent PBGF Affiliate, to sell PBGF products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Affiliate and the Affiliate’s former downline sales organization. There is no whole or partial refund for Affiliate Kit fees or renewal fees if an Affiliate’s business is cancelled.

31.   Voluntary Cancellation.

A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by cancelling his/her business through the Back-Office. The written notice must include the Affiliate’s signature, printed name, address, and Affiliate I.D. Number. If an Affiliate is also a product subscriber, the Affiliate’s product subscription shall continue unless the Affiliate also specifically requests that his or her subscription also be canceled. An Affiliate may also voluntarily cancel his/her PBGF business by failing to renew the Agreement on its annual anniversary date, by withdrawing consent to contract electronically. If any Independent Affiliate or Customer is unsatisfied with an initial Product Package purchase, PBGF offers a 100% thirty (30) day money-back guarantee (unless otherwise required by law) from the date of purchase. Please note that a $38.00 USD one-time Independent Affiliate Cost, Product Package upgrades, wire transfer fees and sales and service taxes are non-refundable. Returns on the purchase price constitute a purchaser’s voluntary request to cancel. All refunds will be processed within 7 business days from the date you receive your cancellation confirmation stating returned products have been received.

32.   Results of Inactivity.

When an affiliate is idle for 45 days, they will receive a friendly notice from PBGF auto generated email warning them that modifications will commence on their account when account reaches an idle period of 60 days. The account modifications will be as follows: –
  1. 60 Days Inactive ACV accumulation
  2. 365 Days Inactive Account permanently
If an Affiliate remains inactive for twelve (12) consecutive months, his/her Affiliate Agreement and PBGF business will be cancelled for inactivity. There are 3 options available for an Affiliate to remain active.
  1. Purchase 1 packet of Green Fuel Tabs 4 X 10 Gallon Tabs in own online shop at affiliate 25% discounted price for personal use in reducing emissions for each inactive month…
  2. Sell 1 packet of Green Fuel tabs in your personally hosted online shop to equal 1 packet of 4 x 10 Gallon Tabs per inactive month.
  3. Introduce 1 new Affiliate at a pack level equal or greater to 1 pack of 4 X 10 gallon Tabs per inactive month.
  Any direct commission earned from a retail sale or Affiliate registration will be added to Affiliate Cash Wallet after the appropriate Escrow period has passed. Even if the retail sale or Affiliate registration was insufficient to bring the account back to a fully active status.

33.   Business Transfers.

Affiliates in good standing who wish to sell or transfer their business must receive PBGF’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to [email protected]. It is within PBGF’s discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved.

34.   Transfer Upon an Affiliate’s Death.

An Affiliate may devise his/her business to his/her heirs. Because PBGF cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must nominate 1 individual or form a business entity (corporation, LLC, partnership, etc.), and PBGF will transfer the business and issue commissions to the nominated entity. In the case of a business transfer via testamentary instrument, the beneficiary of the business must provide PBGF with certified letters testamentary and written instructions of the trustee of the estate, or an order of the court, which provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a PBGF Affiliate Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled.

35.   Business Distribution Upon Divorce.

PBGF is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. PBGF will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the PBGF business must also execute and submit a PBGF Affiliate Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled.

36.   Dissolution of a Business Entity.

PBGF is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in the event that a business entity that operates a PBGF business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The PBGF business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its PBGF business, it must do so pursuant to Section 34. In addition, the recipient of the PBGF business must also execute and submit a PBGF Affiliate Agreement to the Company within 30 days from the date of the dissolution of the business entity or the PBGF business will be cancelled.

37.   Inducing Affiliates to Violate Policy.

Affiliates must not induce, encourage, or assist another Affiliate to violate the Agreement in any fashion.

38.   Reporting Mistakes or Discrepancies.

If an Affiliate believes there has been a mistake or discrepancy in his/her compensation, in the structure or composition of his/her downline organization, or any other mistake by the Company that has impacted his/her income, it is the Affiliate’s responsibility to bring it to the Company’s attention in writing no later than 90 days from the date on which the error occurred. While PBGF will use its best efforts to rectify mistakes, the Company shall not be responsible for correcting errors, making changes, or making financial remuneration for errors that are reported more than 90 days after the error occurs.

39.   International Activities.

Affiliates may not sell PBGF products in any international market, or conduct business activities of any nature, in any foreign country that the Company has not announced is officially open for business.

40.   One PBGF Business per Tax ID

US Representatives may operate or have an ownership interest in only one (1) PBGF Business Center, per Tax ID number. If an individual has a Social Security number and also owns a corporation, limited liability company or partnership and has the appropriate government issued Tax Identification Documents then he/she may operate two (2) or more separate PBGF Business Centers as long as the following formulas apply:
  1. The multiple Business Centers owned and/or controlled by an individual MUST BE personally sponsored by the primary Business Center, in order to ensure that all Business Centers will have a common Upline.
  2. If spouses or members of a domestic partnership choose to operate their respective businesses separately, they may operate separately under their own SSN or Tax ID number, but one spouse/partner MUST BE personally sponsored by the other.
  3. In a partnership, each partner can have a Business Center in his or her own name and Tax ID number and share the proceeds equally with their partner(s). In the case of partners sharing the proceeds of more than one (1) Business Center, all Business Centers must have a common Upline. The first partner in the binary structure must be the direct sponsor of the second partner. In the event of more than two (2) partners, all the partners involved must have been sponsored by another one of the partners, with the exception of the “top position/partner” in the binary structure.
  In the event an affiliate wishes to be granted an exception or exclusion from the above policy, he or she must submit a written request to the PBGF Compliance Department, which must then be explicitly approved by the Company. PBGF reserves the right to make exceptions to this policy as it deems necessary. Outside the US, Representatives may operate or have an ownership interest in only one (1) PBGF Business Center, per entity type, i.e. as a sole or individual trader, as a limited liability company or in a partnership, in each case subject to the formulae A-C above. For recognition purposes only, PBGF may aggregate earnings from multiple positions with the same ultimate beneficial ownership.

41.   Dispute Resolution.

The following comprehensive approach to dispute resolution shall apply to all disputes between Affiliates and the Company: Confidential Mediation. Subject to the exceptions in these policies, prior to bringing legal action for disputes that arise from or relate to the Agreement or the PBGF business, the parties shall attempt in good faith to resolve the dispute through confidential non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediation shall occur within 90 days from the date on which the complaining party submits a written request to the other party seeking mediation. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Claims seeking $15,000.00 USD or more shall be held with the parties and the mediator physically present in the same location in Australia and shall last no more than two business days unless the parties agree otherwise. Claims for less than $15,000.00 USD may be held utilizing video conferencing but may be held in person if the parties mutually agree to do so and shall last no more than one business day unless the parties agree otherwise. Neither party shall be represented by an attorney in any mediation in which the claim is for less than $15,000.00 USD. However, if one party is an attorney acting on his/her/its own behalf, the other party shall have the right to be represented by his/her/its attorney at the mediation as well. Confidential Arbitration. Except as otherwise provided in the Agreement, if a claim is not resolved through mediation, any controversy or claim seeking $15,000.00 USD or more in damages that arises out of or relates to the Agreement, the breach thereof, or the PBGF business shall be settled through binding confidential arbitration. The Parties waive rights to trial by jury or to any court. The Federal Rules of Evidence shall apply in all cases; The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure; The Parties shall be entitled to bring motions under the Federal Rules of Civil Procedure; The Federal Arbitration Act shall govern all matters relating to arbitration, including the enforceability of this arbitration provision. The law of Australia, without regard to principles of conflicts of laws, shall govern all other matters relating to or arising from the Agreement and the PBGF business; The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days; The Parties shall be allotted equal time to present their respective cases. All arbitration proceedings shall be held in a location selected by the parties. If the parties cannot agree on a suitable location, it will be held in the province in which the respondent to the action resides (if an individual) or has its principal place of business (if a business entity). The parties may select a mutually agreeable arbitrator. If the parties do not agree on an arbitrator within 60 days from the date on which the arbitration is filed, the petitioner shall request that an arbitrator be appointed by the presiding jurisdiction. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court having jurisdiction over either of the parties. This agreement to arbitrate shall survive the cancellation or termination of the Agreement. The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to any third party: The substance of, facts underlying, or basis for, the controversy, dispute, or claim; The substance or content of any settlement offer or settlement discussions or offers associated with the dispute; The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding; The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration; The terms or amount of any arbitration award; The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
  1. Liquidated Damages for Breach of Confidentiality
If a Party violates its confidentiality obligations under the mediation or arbitration policies, the non-breaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of this policy, the non-breaching Party shall be entitled to liquidated damages in the amount of $25,000.00 USD per violation. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty. The confidentiality obligations in this dispute resolution policy shall not restrict a party or its counsel acting in good faith from discussing a claim with an individual to determine if he/she is a witness to the action and as necessary to elicit relevant testimony from the witness) or from discussing or showing documentary or other evidence as necessary to prepare the witness for testimony or to ascertain the extent of the witnesses knowledge of the facts relevant to the case. However, neither party shall allow a witness or prospective witness to retain copies of any documents, evidence, or pleadings related to the matter.
  1. Disputes Not Subject Equitable Relief.
Notwithstanding the foregoing arbitration agreement, nothing in the Agreement shall prevent either party from applying to and obtaining from the court a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect the party’s intellectual property, trade secrets, and/or confidential information, including but not limited to enforcement of its rights under the Non solicitation provisions of the Agreement.
  1. Claims for Damages Under $15,000.00 Claims seeking damages for less than
$15,000.00 USD are not subject to the arbitration provisions of this Agreement. The prevailing party to any litigation seeking damages of less than $15,000.00 USD shall be entitled to an award of reasonable attorney fees and litigation expenses.
  1. Small Claims. An Associate may seek remedies in small claims court for disputes or claims within the scope of the jurisdiction of the small claims court in the jurisdiction in which he/she resides, and need not engage in the mediation or arbitration process, so long as the small claims action he/she files is the only forum in which the dispute is pending.
  2. Enforcement of an Arbitration A Party may apply to a court for judicial enforcement of an arbitration award. The Parties consent to exclusive jurisdiction and venue in the courts to enforce an arbitration award. If an action is brought to enforce an arbitration award, the prevailing party to the action shall be entitled to an award of reasonable attorney fees and litigation expenses.
  3. Class Action All disputes arising from or relating to the Agreement, or arising from or relating to the PBGF business, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration or lawsuit against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis.
  4. Liquidated Damages. In any case which arises from or relates to the wrongful termination of an Affiliate’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to Therefore, the parties stipulate that if the involuntary termination of an Affiliate’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Affiliate’s sole remedy shall be liquidated damages calculated as follows:
For Affiliates at the Commission Rank of Royal Master through Imperial Master liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to PBGF’s Compensation Plan in the twelve (12) months immediately preceding the termination. Gross compensation shall include commissions and bonuses earned by the Affiliate pursuant to PBGF’s Compensation Plan as well as retail profits earned by Affiliate for the sale of PBGF merchandise. However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed Tax Returns and retail receipts provided by Affiliate to customers at the time of the sale. The Parties agree that the foregoing liquidated damage schedule is fair and reasonable. An Affiliate’s “Commission” rank is the rank or title at which they actually qualified to earn compensation under the PBGF Compensation Plan during a pay-period. For purposes of this Policy, the relevant pay-period to determine an Affiliate’s Commission Rank is the pay-period during which the Affiliate’s business is placed on suspension or terminated, whichever occurs first. The “Commission” rank differs from the “Recognition Rank,” which is the highest title or rank that an Affiliate has ever been paid under the PBGF Compensation Plan.
  1. Damage In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages.
  2. Governing Law, Jurisdiction and Venue. Jurisdiction and venue relating to a dispute arising from or relating to this Agreement or from the business relationship between the parties, which is not subject to arbitration shall reside exclusively in the country of Australia.
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