Policies and Procedures
Welcome to Freedom & Wealth Architect. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Freedom & Wealth Architect's relationship with you.
Each time you use the Freedom & Wealth Architect's content, the current version of the Terms and Conditions will apply. Accordingly, when you use the Freedom & Wealth Architect's content, you should check the Policies and Procedures and review any changes since the last version.
Please review carefully the entire text Policies and Procedures before agreeing to them. By viewing or using the Freedom & Wealth Architect's content or any part of it, you agree to all of the Policies and Procedures.
Our services are only available in French.
SECTION ONE: INDEPENDENT AFFILIATE STATUS
1.01 BECOMING AN INDEPENDENT AFFILIATE
An applicant becomes an Independent Affiliate ("Independent Sales Representative") of Freedom and Wealth Architect when the applicant's completed Application and Agreement has been received and accepted by the Company, by Internet or by mail, at its Home Office. Company reserves the right to decline any Agreement for any reason, at its sole discretion.
Independent Affiliate uses his/her best effort to promote and sell products and services of Company to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, Independent Affiliate will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Company or other Company Independent Affiliates.
1.02 MEMBERSHIP FEES, CHARGES AND/OR PURCHASES
An initial fee, charge and/or purchase may be required to become an Independent Affiliate. As an Independent Affiliate, you agree to pay and authorize automatic, recurring, billing of the membership fee by any available payment methods, until cancelled. Any automatic, recurring, billing of the membership fee is not refundable and will not be prorated. You authorize Company to initiate debit entries from the account provided and for the membership fee, as well as any other purchases made on the Site.
1.03 INDEPENDENT AFFILIATES OBLIGATIONS & RIGHTS
Independent Affiliates are authorized to sell Company products and services and to participate in the Independent Affiliate Compensation Plan. Independent Affiliates may sponsor new Independent Affiliates.
1.04 LEGAL AGE
Independent Affiliates must be of legal age in the state / province / country of their residence.
When a couple sharing Independent Affiliate entity divorces or separates, Company will continue to pay commission checks in the same manner as before the di¬vorce 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, the couple has complied with the require¬ments of Section 5.03.
1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become Independent Affiliates of Company when the Agreement is accompanied by a federal ID number.
Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Independent Affiliate entity must agree to hold such title, and Company will hold each personally liable and bound by the Agreement and these Policies and Procedures and Terms and Conditions.
1.06 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as Independent Affiliate using a fictitious or assumed name.
1.08 INDEPENDENT AFFILIATE STATUS
Independent Affiliates are Independent Contractors responsible for determining their own activities without direction or control by Company. They are not franchisees, joint venture, partners, employees or agents of Company and are prohibited from stating or implying, whether orally or in writing, otherwise. Independent Affiliates have no authority to bind Company to any obligation. Company is not responsible for pay¬ment or co-payment of any employee benefits. Independent Affiliates are responsible for liability, health disability and worker's compensation insurance. Independent Affiliates set their own hours and determine how to conduct business, subject to Company Agreement, the Policies and Procedures and Terms and Conditions.
As Independent Contractors, Independent Affiliates will not be treated as franchi¬sees, owners, employees or agents of Company 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. At the end of each calen¬dar year, Company will issue to each Independent Affiliate an IRS Form 1099, as required by law, or other applicable documentation for non-employee compensation as an Independent Affiliate.
1.10 INDEPENDENT SALES REPRESENTATIVE IDENTIFICATION NUMBER
Independent Affiliates are required by federal law to obtain a Social Security num¬ber or Federal ID number. Independent Affiliates will be identified by this number, or a company assigned number, for purposes of Company's business. The Independent Affiliate Identification Number must be placed on all orders and correspondence with the Company.
1.11 LEGAL COMPLIANCE
Independent Affiliates must comply with all federal, state and local statutes, regula¬tions and ordinances concerning the operation of their business. Independent Affiliates are responsible for their own managerial decisions and expenditures in¬cluding all estimated income and self-employment taxes.
1.12 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on spon¬soring or selling within France; provided, however, that Company re¬serves the right not to sell product or services or contract with Independent Affiliates in specified states / provinces within France.
SECTION TWO: TERM & RENEWAL
Subject to the terms of Section 4.01, the Agreement shall have a term which shall begin on the date of acceptance by Company and end one year from the date thereof (the "Anniversary Date").
Independent Affiliates must renew annually, on the Anniversary Date and Independent Affiliate has the right to decline to accept any renewal at its sole discretion. Company may require that Independent Affiliates execute a new Agreement upon renewal. Independent Affiliates not renewing by the renewal date shall be deemed to have voluntarily terminated their Independent Affiliate rela¬tionship with Company, and thereby lose their Independent Affiliate entity, all sponsorship rights, their position in the Compensation Plan and all rights to com¬missions and bonuses. Independent Affiliates who fail to renew their Independent Affiliate sta¬tus may not reapply under a new sponsor for three (3) months after non-renewal.
SECTION THREE: SPONSORSHIP
Independent Affiliates may sponsor other Independent Affiliates into Company's business. Independent Affiliates must ensure that each potential new Independent Affiliate has reviewed and has had access to the current Policies and Procedures, Terms and Conditions and Com¬pensation Plan prior to or when giving the individual an Agreement.
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple Independent Affiliates which list different spon¬sors, only the first completed Agreement received by Company will be ac¬cepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership association with Independent 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.
3.04 INCOME CLAIMS
Independent Affiliates must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective Independent Affiliates, nor may Independent Affiliates use their own incomes as indications of the success assured to others. Commission checks may not be used as mar¬keting materials. Independent Affiliates may not guarantee commissions or estimate expenses to prospects.
3.05 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors. Network Marketing is a business of creating relationships. Once an Independent Affiliate is sponsored, the company believes in maximum protection of that relationship. The only exception is upon prior written ap¬proval of Company to correct ethical violations as determined at the sole discre¬tion of Company.
3.06 CROSS SPONSORING
Independent Affiliate may not sponsor, or attempt to sponsor, any non personally sponsored Independent Affiliates in any other Network Marketing Company or Trading education Company. In addition, no Independent Affiliate may participate in any action that causes another Independent Affiliate to be sponsored through someone else into another network marketing company.
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Independent Affiliate may voluntarily terminate his or her Independent Affiliate status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Company. Voluntary resignation is effective upon receipt of such notice by Company.
b) Independent Affiliate who resigns or terminates their Independent Affiliate status may reapply as Independent Affiliate, three (3) months after resignation.
Independent Sales Representative may be suspended for violating the terms of his or her Agree¬ment, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by Company. When a decision is made to sus¬pend Independent Sales Representative, Company will inform the Independent Sales Representative in writing that the sus¬pension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspen¬sion (if any). The suspension notice will be sent to the Independent Sales Representatives "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 Independent Sales Representative as so determined by Company at its sole discretion. If the Independent Sales Representative wishes to appeal, Company must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Company will re¬view and consider the suspension and notify the Independent Sales Representative in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Company will be final and subject to no further review. Company may take certain action during the suspension period, including, but not limited to, the following:
a) Prohibiting the Independent Sales Representative from holding himself or herself as Independent Sales Representative or using any of Company's proprietary marks and/or materials;
b) Withholding commissions and bonuses that are due the Independent Sales Representative during the suspension period;
c) Prohibiting the Independent Sales Representative from purchasing services and products from Company; and/or;
d) Prohibiting the Independent Sales Representative from sponsoring new Independent Sales Representatives, con¬tacting current Independent Sales Representatives or attending meetings of Independent Sales Representatives.
If Company, 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 Independent Sales Representative has occurred, the suspended Independent Sales Representative may be terminated.
Independent Sales Representative may be immediately terminated for violating the terms of his or her Agreement, which includes these Poli¬cies and Procedures, Terms and Conditions and the Compensation Plan and other documents produced by Company upon written notice. Company may terminate a violating Independent Sales Representative with¬out placing the Independent Sales Representative on suspension, at Company's sole discretion. When the decision is made to terminate Independent Sales Representative, Company will inform the Independent Sales Representative in writing at the address in the Independent Sales Representative's file that the termination has occurred.
If Independent Sales Representative wishes to appeal the termination, Company must receive the appeal in writing within fifteen (15) days from the date of notice of termina¬tion. If no appeal is received within the fifteen (15) day period, the termina¬tion will automatically be deemed final. If Independent Sales Representative files a timely notice of appeal, Company will review the appeal and notify the Independent Sales Representative of its deci-sion within ten (10) days after receipt of the appeal. The decision of Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Independent Sales Representative:
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 Company.
b) Must cease representing themselves as Independent Sales Representative of Company;
c) Loses all rights to his or her Independent Sales Representative position in the Com-pensation Plan and to all future commissions and earnings resulting there¬from;
d) Must take all action reasonably required by Company relating to protection of Company's confidential information. Company has the right to offset any amounts owed by Independent Sales Representative to Company including, without limitation, any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the Independent Sales Representative.
The acceptance of any reapplication of a terminated Independent Sales Representative or the application of any family member of a terminated Independent Sales Representative shall be at the sole discretion of Company and can be denied.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Independent Sales Representative desiring to acquire an interest in another Independent Sales Representative's business must first terminate his or her Independent Sales Representative status and wait three (3) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by Company in advance.
5.02 TRANSFERS OF INDEPENDENT SALES REPRESENTATIVES
Except as expressly set forth herein, Independent Sales Representative may not sell, assign or otherwise transfer his or her Independent Sales Representative entity (or rights thereof) to another Independent Sales Representative or to an individual which has an interest in Independent Sales Representative entity. Notwithstanding the foregoing, Independent Sales Representative may transfer his or her Independent Sales Representative entity to his or her sponsor, subject to the conditions of Section 5.03 and 5.07. In such an event, the sponsor's entity and the transferring Independent Sales Representatives entity shall be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Independent Sales Representatives may not sell, assign, merge or transfer his or her Independent Sales Representative entity (or rights thereto) without the prior written approval of Company and com¬pliance with the following conditions:
a) Company possesses the right of first refusal with respect to any sale, assign¬ment, transfer or merger of any Independent Sales Representative entity. Independent Sales Representative wishing to sell, assign, transfer or merge his or her Independent Sales Representative entity must first provide Company with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Company will advise the Independent Sales Representative within ten (10) business days after re¬ceipt of such notice of its decision to accept or reject the offer. If Company fails to respond within the ten (10) day period or declines such offer, the Independent Sales Representative may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to Company to any person or entity who is not Independent Sales Representative, married to, or a dependent of Independent Sales Representative or who has any interest in Independent Sales Representative;
b) The selling Independent Sales Representative must provide Company with a copy of all documents which detail the transfer, including, without limitation, the name of the pur-chaser, the purchase price and terms of purchase and payment;
c) An office administration transfer fee of 100,00€ must accompany the transfer documents;
d) The documents must contain a covenant made by the selling Independent Sales Representative for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Independent Sales Representative for a pe¬riod of one (1) year from the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing by Company, the buying Independent Sales Representative must assume the position and terms of agreement of the selling Independent Sales Representative and must execute a current Agreement and all such other documents as required by Company; and
f) Company reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Company re¬serves the right to disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at Company's sole discretion, that Independent Sales Representative entity was transferred in an effort to circumvent compliance with the Agreement, the Policies and Procedures, Terms and Conditions or the Compensation Plan, the transfer will be de¬clared null and void. The Independent Sales Representative entity will revert back to the transfer¬ring Independent Sales Representative, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Company's sole discretion, ap¬propriate action, including, without limitation, termination, may be taken against the transferring Independent Sales Representative to ensure compliance with the Policies and Procedures and Terms and Conditions.
Notwithstanding any other provision of this Section, upon the death of Independent Affiliate, the Independent Affiliate-ship will pass to his or her successors in interest as provided by law. However, Company will not recognize such a trans¬fer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, will, trust or other instru¬ment required by Company. The successor will thereafter be entitled to all the rights and be subject to all the obligations of a Company Independent Affiliate.
Any Independent Affiliate who transfers his or her Independent Affiliate Center must wait for three (3) months after the effective date of such transfer before becoming eligible to reapply to become an Independent Affiliate.
5.07 TRANSFERABILITY OF SPONSORSHIP WHEN AN AFFILIATE IS CANCELLED OR INACTIVE AND HAS PERSONAL AFFILIATES LEFT WITHOUT A SPONSOR.
When an FWA MEMBER cancels his/her subscription with FWA, and/or becomes inactive as per FWA Policies and Procedures, the FWA MEMBER has three (3) months to renew his/her subscription with FWA and maintain his/her position within the Matrix. The FWA MEMBER may be experiencing financial, personal, and/or any other difficulties, which cause the cancellation, for a period of time, of his/her subscription with FWA. The three (3) months period will provide the sponsor, of the cancelled and/or inactive FWA MEMBER, time to work with him/her directly to renew its subscription with FWA and reactivate. If after the three (3) month period, the cancelled and/or inactive FWA MEMBER does not renew his/her subscription, their position in the Matrix is forfeited, and any personal FWA MEMBER will be rolled up to the next active upline FWA MEMBER, who will become the new sponsor.
5.08 Three Day (72 Hour) Placement or Sponsor Change Request
When a new FWA MEMBER signs up to Freedom and Wealth Architect, the direct sponsor has the option to email firstname.lastname@example.org and request a placement and/or sponsor change in the Unilevel for their new personal FWA MEMBER. Only the direct sponsor of the new FWA MEMBER can request the change. After the 72 hour period, no change can be made by either the sponsor or FWA MEMBER. If the FWA MEMBER has been placed we can no longer move them, all placement request are final.
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to Independent Affiliates con-fidential information, including, but not limited to genealogical and Downline reports, customer lists, customer information developed by Company or devel¬oped for and on behalf of Company by Independent Affiliates (including, but not limited to, credit data, customer and Independent Affiliate profiles and product purchase infor¬mation), Independent Affiliate lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Company and is transmitted to Independent Affiliates in strictest confidence on a "need to know" basis for use solely in Independent Affiliates business with Company. Independent Affiliates must use their best efforts to keep such information confidential and must not dis¬close any such information to any third party, or use this information for any non-company activity directly or indirectly while an Independent Affiliate and thereafter.
Independent Affiliates must not use the information to compete with Company or for any purpose other than promoting Company's program and its products and services. Upon expiration, non-renewal or termination of the Agreement, Independent Affiliates must discontinue the use of such confidential information and promptly return any confidential information in their possession to Company.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from Company, Independent Affiliates must abide by all manufacturers' use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
Company's business relationships with its vendors, manufacturers and suppli¬ers are confidential. Independent Affiliates must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of Company except at Company sponsored events at which the supplier or manufacturer is present at the request of Company.
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compli¬ance with these Policies and Procedures.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by Company or ap¬proved in advance in writing by Company may be used to advertise or promote an Independent Affiliate's business or to sell products and services of Company. Company's litera¬ture and materials may not be duplicated or reprinted without the prior written permission.
7.03 USE OF COMPANY NAME
Independent Affiliates may use the name of Company only in the following format: "Independent Affiliate for Freedom and Wealth Architect".
7.04 STATIONERY AND BUSINESS CARDS
Independent Affiliates are not permitted to "create" their own stationery, business cards or letterhead graphics, if Company's trade name or trademarks are used. Only the approved Company's graphics version and wording are permitted; letterhead, envelopes and business cards must be ordered using the online/stationery order form.
7.05 ELECTRONIC ADVERTISING
Independent Affiliates may not advertise or promote their Independent Affiliate business or Company's business, products or marketing plan or use Company's name in any elec¬tronic media or transmission, including on the Internet via web sites or oth¬erwise, without the prior written approval of Company's legal department.
7.06 TELEPHONE LISTING
Independent Affiliates are not permitted to use Company's trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. Independent Affiliates are not permitted to list their telephone num¬bers under Company's trade name without first obtaining Company's prior written ap¬proval. If approval is granted for an "800" listing, it must be stated in the following manner: "Independent Affiliate for Company".
7.07 TELEPHONE ANSWERING
Independent Affiliates may not answer the telephone by saying "Freedom and Wealth Architect," or in any other manner that would lead the caller to believe that he or she has reached the offices of the Company.
7.08 IMPRINTED CHECKS
Independent Affiliates are not permitted to use Company trade name or any of its trade-marks or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
Independent Affiliates are prohibited from granting radio, television, newspaper tab¬loid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to pub¬licize the Company, its products or Company businesses, without the express prior written approval of Company. All media inquiries should be in writing and referred to Company's corporate office, legal department.
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and com¬munications. Federal and state regulatory agencies do not approve or en¬dorse direct selling programs. Therefore, Independent Affiliates may not represent or imply, directly or indirectly, that Company's programs, products or services have been approved or endorsed by any governmental agency.
Independent Affiliates may not produce or reproduce for sale or personal use prod¬ucts sold by Company or any Company-produced literature, audio or video material, pre¬sentations, events or speeches, including conference calls. Video and/or au¬dio taping of Company meetings and conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
Independent Affiliates may not repackage products or materials of Company.
7.13 INDEPENDENT COMMUNICATIONS
Independent Affiliates, as Independent Contractors, are encouraged to distribute information and direction to their respective Downlines. However Independent Affiliates must identify and distinguish between personal communications and the official communications of Company.
SECTION EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Agreement has been received and accepted by Company. Commissions are paid ONLY on the sale of Company services and products. No commissions are paid on the purchase of Sales materials or for Sponsoring Independent Affiliates. In order to receive commissions on products and services sold, Company must have received and accepted an Agreement prior to the end of the commission period in which the sale is made.
8.02 COMMISSION PERIOD
A business period refers to the time period opening on the first (1st) day of the commission period and extending up until order entry closes on the last business day of the period (5:00 p.m.). Company offices are open Monday through Friday 9 a.m.-5 p.m., with the exception of certain holidays as posted by Company.
8.03 COMMISSION PAYMENTS
Commissions are paid to "qualified" Independent Affiliates as defined within the Compensation Plan. Independent Affiliates must consult the Compensation Plan for a detailed explanation of the benefits, commission structure and require¬ments of the Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses earned and paid on products returned is the obligation of and must be repaid to Company by Independent Affiliates earning such commissions. Company has the right to offset such amounts against future com¬missions and other compensation paid or owed to such Independent Affiliates who received commissions.
8.05 PAYMENT OF BONUSES AND COMMISSIONS
In order for any member or independent affiliate to receive any bonuses or commissions from the Company, the member or independent affiliate must be "Active" and in "Good Standing". "Active" refers to a member or independent affiliate that is paying their monthly subscription and using the products and services of the Company on a regular basis. "Good Standing" refers to a member or independent affiliate that does not owe any monies to the Company.
8.06 CANCELLED FWA MEMBER
If the Independent Affiliate is no longer active with FWA, and has not logged into his/her FWA account within ninety (90) days, any and all funds in his/her FWA account will be forfeited and returned to FWA. "No longer active" in FWA refers to a member who is cancelled and no longer an Independent Affiliate of FWA.
8.07 DORMANT FWA ACCOUNT
If an Independent Affiliate of FWA is considered Active and in Good Standing, (see Section 8.05 above for the definition of Active and in Good Standing), but has not logged into his/her FWA account within six (6) months, the FWA account will become dormant. If the FWA account becomes dormant, meaning that the Independent Affiliate has not done any transactions in his/her FWA account within six (6) months, any and all funds in his/her FWA account will be forfeited and returned to FWA. FWA will send notices to the Independent Affiliate when funds are deposited in his/her FWA account. It is the responsibility of the Independent Affiliate to be consistently active with the funds available in his/her FWA account.
SECTION NINE: PURCHASE & SALE OF SERVICES
9.01 PAYMENT OPTIONS
Payments made by credit card may be subject to up to a 24 hour hold during this period we cannot guarantee your placement in the referral network until payment is authorized. If an underpayment is made, the order will not be processed until the full amount is received by Company. If an overpayment is made, Company will process the order and issue a credit to Independent Affiliate's account, which will automatically refund on the next commission check paid to Independent Affiliate. Orders will not be processed if cancellation of a credit card is made. Orders for services are not effective until accepted by Company.
9.02 PROMOTIONAL ITEMS
All promotional items which bear Company name or logo must be purchased solely from Company unless prior written permission is obtained from Company.
9.03 SERVICES CLAIMS
Independent Affiliates may make no claim, representation or warranty concerning any service of Company, except those expressly approved in writing by Company or contained in official Company materials.
9.04 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
SECTION TEN: GUARANTEE & REFUND POLICY
10.01 MONEY BACK GUARANTEE
The Company offers a seven (7) day, 100% Money Back, and Satisfaction Guarantee to all subscribers. The seven (7) days, 100% Money Back Guarantee, starts from the date of purchase, includes weekends, and only applies to the initial purchase of a FWA Member Package. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within seven (7) days of the subscriber's initial purchase, for a full refund of the purchased price. All other warranties and guarantees are disclaimed. After seven (7) days, your purchase will no longer be refundable.
The Company offers a seven (7) days Money Back Guarantee for all subscription payments made to FWA. This includes the date the subscription is due, includes weekends, and only applies to monthly subscription ("Autoship") payments. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within seven (7) days of the subscriber's monthly subscription, for a full refund of the subscription price. All other warranties and guarantees are disclaimed. After seven (7) days, your purchase will no longer be refundable.
Except as expressly stated herein, Company makes no warranty or representa¬tion as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Company.
10.03 BUYER'S RIGHT TO CANCEL
Federal law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25.00 or more that occur away from the seller's main office. Independent Affiliates must orally inform the buyer of the three-day right to cancel at the time the buyer purchases the goods and deliver 2 three-day cancellation notices to every customer.
SECTION ELEVEN: GENERAL PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every Independent Affiliate agrees to indemnify and hold harmless Company, its shareholders, officers, directors, employees, agents and successors in in¬terest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Affiliates (a) activities as Independent Affiliate; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
11.02 PROCESSING CHARGES
Company reserves the right to institute a processing charge for commission checks and/or genealogy requests.
11.03 OTHER SERVICES
Independent Affiliates may not promote or sell another company's services at functions organized to feature Company and its products/services. Independent Affiliates are not restricted from selling the services and products of other companies, however promotion of any other companies' services, products and/or business programs to Company Independent Affiliates or Customers is strictly prohibited.
To the extent permitted by law, Company shall not be liable for, and each Independent Affiliate releases Company from, and waives all claims for any loss of profits, indi¬rect, direct, special or consequential damages or any other loss incurred or suffered by Independent Affiliate as a result of (a) the breach by Independent Affiliate of the Agreement and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of Independent Affiliate's business; (c) any incorrect or wrong data or information provided by Independent Affiliate; or (d) the failure to provide any information or data necessary for Company to operate its business, including, with¬out limitation, the enrollment and acceptance of Independent Affiliate into the Com¬pensation Plan or the payment of commissions and bonuses.
Company encourages all Independent Affiliate to keep complete and accurate records of all their business dealings.
11.06 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, earthquake, storm, power outages, labour difficulties, strikes, war, government decrees or orders and/or curtailment of a party's usual source of supply.
It is the obligation of every Independent Affiliate to abide by and maintain the in¬tegrity of the Policies and Procedures and Terms and Conditions. If Independent Affiliate observes another Independent Affiliate committing a violation, he or she should discuss the violation di¬rectly with the violating Independent Affiliate. If the Independent Affiliate wishes to report such violation to Company, he or she must detail violations in writing only and mark the correspondence "Attention: Legal Department".
Company reserves the right to amend the Agreement, Policies and Procedures, Terms and Conditions, its retail prices, product and service availability and the Compensa¬tion Plan type at any time without prior notice as it deems appropriate. By entering into the Independent Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that Company elects to make. Amend¬ments will be communicated to Independent Affiliate through official Company notifications such as, but not limited to, posting on Company website, posting in Independent Affiliate back office, e-mail, special mailings or publications. Amendments are effective and binding upon submission to the Company website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control. The continuation of an Independent Affiliate business, the acceptance of any benefits under the Agreement, or acceptance of commissions from the sale of products or services constitutes acceptance of all amendments.
11.09 NON-WAIVER PROVISION
No obliga¬tion or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Company's right to demand exact compliance with these Policies and Procedures. Company's waiver of any particular default by Independent Affiliate shall not affect or impair Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Affiliate. No delay or omis¬sions by Company to exercise any right arising from a default effect or impair Company's rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
11.10 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the laws of France Métropolitaine.
In the event a dispute arises between the Company and a Independent Affiliate regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the Independent Affiliate Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at New York NY United States. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney's fees and costs to the prevailing party. An award of attorney's fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Policies and Procedures are incorporated into the Agreement and, along with the Terms and Conditions and Compensation Plan, constitute the entire agreement of the parties regarding their business relationship.
If under any applicable and binding law or rule of any applicable jurisdic¬tion, any provision of the Agreement, including these Policies and Proce¬dures and Terms and Conditions, or any specification, standard or operating procedure which Company has prescribed is held to be invalid or unenforceable, Company shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Independent Affiliate shall be bound by any such modifica¬tion. The modification will be effective only in the jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS INDEPENDENT AFFILIATES, OFFIC¬ERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND INDEPENDENT AFFILIATE HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPE¬CIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSI¬NESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LI¬ABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE INDEPENDENT AFFILIATE AND ANY COMMISSIONS OWED TO THE INDEPENDENT AFFILIATE.
Any communication, notice or demand of any kind whatsoever which either the Independent Affiliate or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic commu¬nication whether by telex, telegram, Email or telecopy (if confirmed in writ¬ing sent by registered or certified mail, postage prepaid, return receipt re¬quested). Any such communication, notice or de¬mand shall be deemed to have been given or served on the date of confirmed dispatch, if by elec¬tronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
Freedom and Wealth Architect
We Guarantee Your Satisfaction! 100% Money Back and Satisfaction Guarantee
The Company offers a seven (7) day, 100% Money Back, and Satisfaction Guarantee to all subscribers. The seven (7) days, 100% Money Back Guarantee, starts from the date of purchase, includes weekends, and only applies to the initial purchase of a FWA Member Package. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within seven (7) days of the subscriber's initial purchase, for a full refund of the purchased price. All other warranties and guarantees are disclaimed. After seven (7) days, your purchase will no longer be refundable. Please email email@example.com to cancel your account.
The Company offers a seven (7) days Money Back Guarantee for all subscription payments made to FWA. This includes the date the subscription is due, includes weekends, and only applies to monthly subscription payments. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within seven (7) days of the subscriber's monthly subscription, for a full refund of the subscription price. All other warranties and guarantees are disclaimed. After seven (7) days, your purchase will no longer be refundable. Please email firstname.lastname@example.org to cancel your account.
Except as expressly stated herein, Company makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Company. Please email email@example.com to cancel your account.
HARMONIC & WAVE SCANNER
FWA Harmonic & Wave Scanner is designed and optimized by our services and can be used on any instrument or time frame. FWA Harmonic & Wave Scanner is based on the famous ZUP indicator. The 'ZUP' indicator was at first developed by Eugeni Neumoin a.k.a. 'NEN' and has proven it's reliable success.
All performance claims found on FWA about trading systems or strategies must be regarded as hypothetical. Use of FWA to offer or subscribe to a trading system or strategy indicates you agree to our Policies and Procedures. Before using any systems or strategies listed on FWA you should be aware that there is often a vast difference between hypothetical results and real-life trading results achievable in a real brokerage account, and real-live results are almost always vastly worse than hypothetical results. Performance results for systems and strategies listed on FWA do not take into account fees, spreads and/or trading commissions that may be charged by your broker or a money manager. Please consult with your broker for information on these costs.
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
Trading is never without risk and you are urged to carefully read and consider the following before utilizing any or all of our services: (a) No aspect of the Site is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any content on the Site to be a substitute for professional financial advice. While individual participants may offer investment advice or opinions and/or effect a transaction which may be subsequently copied by another trader, such advice, opinions, or trades amount to nothing more than exchanges between persons who may be anonymous or unidentifiable or simply the execution of a trade by such traders. FWA does not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever by making such information and/or features available to you. (b) The Site and Services are provided by FWA solely for informational purposes. FWA and/or any on its behalf, including its affiliates and their employees and agents are not investment or financial advisers. ANY INVESTMENT DECISIONS YOU MAY MAKE IN RELIANCE ON INFORMATION WHICH IS AVAILABLE ON OUR WEBSITE OR AS A RESULT OF THE USE OF OUR SERVICES, ARE AT YOUR OWN RISK AND FWA, AND ITS PARTNERS, AFFILIATES, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT YOU MAY SUSTAIN. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. (c) If you choose to copy specific traders and/or trades and/or to engage in transactions based on content on the Site, then such decision and transactions and any consequences flowing therefrom are your sole responsibility. (d) A copied traders positions will be copied with the same proportional amounts and with the same leverage, to the maximum extent possible. All such positions will be closed automatically if and when closed by the copied trader for whatsoever reason, without providing any further notice and without any action on your part and/or if the copied trader positions were closed manually by the follower. (e) You may achieve a materially different result, especially if you place additional trades in your account or you modify or cancel an order generated by the FWA system. (f) Any past performance indicated on this Site is not indicative of future results. Anyone investing should be able and prepared to bear a loss of his or her entire investment. You are fully responsible for any losses you may sustain as a result of our automatic execution of instructions generated as a result of the utilization of any of the FWA trading Features.
Any comments/opinions or market advice found on the website are not necessarily the opinions of FWA or its affiliates and should not be construed as a solicitation or recommendation. The comments/opinions posted are of traders who may or may not be experienced. The comments/opinions are not reviewed or researched by FWA or its affiliates. If you chose to make decisions or place trades based upon the comments, you are doing so at your own risk. FWA and its affiliates are not responsible for any losses incurred due to the use of the content on FWA. Contents and prizes offered should not be considered as an incentive to trade. Only partake in the trading contests when you feel you are ready to trade.
You must be 18 years of age or older to use the FWA services. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by the Policies and Procedures.
To the maximum extent permitted by applicable law, in no event shall FWA, its affiliates, or their respective officers, directors, shareholders, employees and agents be liable for any damages, liability, claims, expenses and costs, incurred by you as a result of your use of the site or the information. Without limitation, they shall not be liable for any lost profits, lost savings or any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of business information, costs associated with recreating lost data, the cost of any substitute program or other pecuniary loss, arising out of this agreement or the use of or inability to use the site or the information, whether resulting from impaired or lost data, or any other cause, even if FWA has been advised of the possibility of such damages.
You agree to protect and fully compensate FWA and their affiliates from any and all third party claims, liability, damages, expenses and costs, including, but not limited to, reasonable attorneys fees, caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
FWA is not providing exchange, investment, tax or legal advice, acting as a fiduciary or endorsing any company, property, product, service, exchange, security, instrument, or any other matter by posting any participant submitted information on the website.
FWA is not disposing analysis, exchange, trading, brokers, or investment advisory services on this website. We do not purport to tell people, or suggest to people what they should buy or sell for themselves or who can guide them so. Neither FWA nor anyone affiliated with FWA is responsible for any exchange, trading, or investment decision made by participants on the basis of using this website. Participants should always read the corresponding prospectus and other relevant material, check with their licensed financial advisor and their tax advisor to determine the suitability of any exchange or investment.
You acknowledge that there is a risk that the website may knowingly contain incomplete, incorrect, inaccurate, misleading and/or false information.
The information on this website is not verified in any way.
The content of the pages of the website is for your general information only with no responsibility or liability regarding this information or resulting from it. The content is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee regarding the information on the website, including, but not limited to, the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the website meet your specific requirements.
The information posted on the website should not be used by others in connection with any sale, offer for sale or solicitation of an offer to sale or buy foreign currency, securities or any other investments, and is not a recommendation or opinion for you to participate in any transaction.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any information or materials, includes, but is not limited to any information or materials provided by you. We shall be free to use, for any purpose, any and all ideas, concepts, know-how, techniques or other information provided by you to the website. Reproduction is prohibited by law.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may lead to a claim for damages and/or be a criminal offence.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login and/or e-mail address, allows you to access certain portions of the website.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
If you become aware of any unauthorized use of your registration information, you agree to notify FWA immediately.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of any data that results from the download of any such material.
FWA reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the website, without notice, for conduct that FWA believes violates these Policies and Procedures, or for any other reason in its sole discretion. FWA will bear no responsibility or liability from such action.
When using the website, you must comply with all applicable laws, any applicable foreign or domestic regulatory body, national or other securities exchanges, including rules against making false or misleading statements to manipulate the price of a foreign currency or any security.
In the event that any provision of these Policies and Procedures is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.
BUYER'S RIGHT TO CANCEL
Federal law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25.00 or more that occur away from the seller's main office. Independent Affiliates must orally inform the buyer of the three-day right to cancel at the time the buyer purchases the goods and deliver 2 three-day cancellation notices to every customer. Please email firstname.lastname@example.org to cancel your account.
You agree to the Company Stated Refund Policy of 7 days from your date of purchase.
You agree that our Cancellation Policy, consists of disabling your monthly subscription to Freedom and Wealth Architect.
You agree that there are major risk involved when trading the markets! YOU agree that the absolute risk of YOUR trading technique in the trading of Stocks, FOREX, Futures, or Equities, lies solely with you and you accept full legal responsibility for it. You reserve the right to act upon or discard recommendations made in the services we offer and should YOU decide to act upon any of them then YOUR actions are solely YOUR legal decision and Freedom and Wealth Architect or any of its subsidiaries, will NOT be held responsible.
FWA makes no representations, warranties, or guarantees that you will earn any income as an FWA Member. Any income examples set forth in this compensation plan are hypothetical examples intended to explain how the compensation plan works, and make several assumptions regarding member’s personal retail sales volume, group volume, and organizational structure, most or all of these assumptions probably will not be true for your independent FWA business such hypothetical’s are not representative of the income, if any, that FWA Member can or will earn through his or her participation in the FWA program. These figures should not be considered as guarantees or projections of your actual earnings or profits.
Success as an FWA Member requires successful retail sales, which requires hard work, diligence, and leadership. Your success will depend upon how effectively you utilize the tools and information presented at www.fwarchitect.eu.
In order to participate in the FWA compensation plan, an individual must become a FWA Member.