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Online Wellness Community Natural Health and Anti-Aging News
Online Wellness Community Natural Health and Anti-Aging News
healthforce.com

Legal terms and conditions – DMR rewards (Direct Member Rewards)

These provisions govern our member referral cash reward program and related provisions.

DMR Rewards Plan in effect for V1.0 of this member terms and conditions Agreement is coined the “777 Plan” and conveys the following benefits we believe are the most generous free referral commission compensation plan anywhere in the world:

1.    You may receive DMR Rewards member commissions (“DMR Rewards”) in perpetuity if new members continue joining under you as anticipated and provided herein but with respect to any individual member, rewards are only required to be paid on their spending for a specified number of years after their joining (see below);

2.    Your base rewards (Company may from time to time offer additional incentive compensation for limited periods on one or more referral levels or on select products within the shop/store) will be equal to 1% of the spending of anyone in Your Network who shop directly in the OWC e-commerce shop/store while logged in, up to 7 levels under you ( direct referrals who designate you and 6 more degrees of separation). These DMR Reward commissions begin as soon as we release our BETA site powered by our proprietary member rewards system (you will receive an email notification when we complete development of the DMR reward system). The “Alpha” site released in June 2010 tracks member referral levels but is not yet computing and tracking commissions on spending in the shop/store.

3.    From the time of joining, and until 7 years after the date of joining, up to 7% (1% per level above them up to 7 maximum) of a member’s store spending, will be paid to Referring Members (“Referring Members” is defined below);

4.    Seven years after You join, your store spending will no longer generate DMR Rewards to other members unless the Company in its complete discretion extends the time your spending generates rewards. The Company may extend the time periodically or perpetually, or it may do so only with respect to specific products or promotions;

5.    Seven years after another member joins, including members in Your Network, their store spending will no longer generate DMR Rewards to you or any other member. So DMR Rewards generated from a member’s shop/store spending terminates after that member’s 7th year of membership (on their 8th anniversary).

6.    If a member joins, looks up and selects and designates you as the referring member (“Referring Member”), you will earn DMR Rewards for 7 years after that member’s date of joining on that member’s store spending (provided they login as a member when shopping in OWC’s shop/store) beginning from the time we release an approved BETA DMR Rewards system operating as part of the Company’s website (“Site” or “Website” as more fully defined below).

7.    You will be deemed a Referring Member on another member’s store spending if and only if, when they join, you are designated as their Referring Member, or if they become part of “Your Network” as defined below by their joining under a member in Your Network but not more than 7 degrees of separation under you;

8.    When a new member joins they are free to designate whomever they want as their referring member. If you introduce someone to OWC but they join and designate someone else as their referring member, you have no right to object – a new member is free to designate whomever they choose and their selection will be deemed their Referring Member for all purposes. Once a designation is made of who referred You, You may never change that designation without Company approval which in all likelihood will be withheld and may be withheld in Company’s sole discretion.

9.    A member who joins and designates you as the Referring Member becomes part of “Your Network.” So does other members they refer who designate them as referring member. This continues for 7 total levels of referral. All members part of these related 7 levels below you comprise “Your Network” or “Your Wellness Network.”

10.  An example of how easily you could create a large Your Network, if you refer 5 people and they each refer 5 people, you would have over 90,000 members in Your Network by the time all 7 levels were full.

11.  One percent (1%) of a member’s store spending (on tangible and intangible products for sale in one or more of our DMR Rewards activated stores when a member is logged in when shopping in Our e-commerce shop/store) is paid in DMR Rewards to each level above them for up to 7 levels.

12.  If you have 90,000 members in Your Network and they each spend $100/month in one or more (we anticipate opening qualifying stores in addition to OWC) of our Company stores, you could be earning approximately $90,000 monthly. If only 1 in 5 members in Your Network spend $100/monthly, your DMR Rewards from Your Network would still be substantial (over $15,000/mo) for doing little more than referring 5 new members who designate you as Referring Member and encouraging them to do the same.

13.  Your DMR Rewards rights cannot be assigned or pledged or hypothecated as collateral in anyway whatsoever. Your DMR Rewards terminate immediately upon death and also upon You filing bankruptcy or making an assignment for the benefit of creditors.

14.  You may withdraw from membership with the Company’s consent which may be withheld in its discretion (due to the connected nature of members).

15.  In the event a member dies, withdraws with consents or is terminated from membership, all other member’s rights continue just as if said member continued in membership without adjustment. Essentially a straw or dummy member would be substituted by the Company for purposes of constructing the operation of this Agreement. Other member withdrawals or death will not impact Your Network other than that withdrawn or deceased member will presumably no longer be purchasing in a DMR Rewards driven Company store.

16.  Returns and refunds and uncollected sales receivables will result in negative adjustments to the impacted members DMR Rewards accounts.

17.  Only member shopping in Company shop/store while they are logged in will result in Referring Members getting commission credits in their respective DMR Rewards accounts. The Company’s advertising revenue, member maintenance or service fees, software licensing fees, affiliate store shopping, and other non-store member activity or purchase generated revenue streams do not generate member DMR Rewards unless the Company, in its discretion, elects to extend coverage of DMR rewards beyond logged in member OWC e-commerce store/shop spending.

18.  You agree you are an independent contractor to Company, not Company’s employee or agent for all tax and agency law purposes. You agree to pay all payroll, income, employment and any other taxes applicable whether United States or foreign based pertaining to your membership DMR Rewards. Nothing herein requires you to put in any time of effort promoting Company’s DMR or products and services but should you elect to do so, you are responsible for all expenses incurred including but not limited to marketing, advertising, travel, food, lodging, secretarial, office, telephone, internet and all other expenses. You expressly defend and hold the Company harmless from any claims or damages that may arise due to You asserting you are an employee or agent of Company due the terms and conditions herein. You also agree you are not a partner, legal representative, or franchisee of the Company.

19.  You may only maintain one account to accumulate financial benefits; any duplicate accounts will be subject to cancellation and deletion from our servers. Duplicate accounts may be identified by IP Address, email address, mailing address, phone number, or name associated with the account.

20.  All DMR Rewards you are entitled to cash out (“Cash Out”) are non-employee compensation. You may exercise your right to Cash Out DMR Rewards not more than once each month, and only if you have in excess of $200 (or whatever minimum the Company sets which may be changed from time to time) in your DMR Rewards account. All Cash Out’s will be to a debit card issued you by Company unless Company allows or requires alternative methods such as Paypal payments or ACH bank transfers. The first time you Cash Out DMR Rewards, you agree to a reasonable service fee (anticipated to be not less than $10) for processing the first payment. On your second and subsequent Cash Outs, you agree Company may charge reasonable service fees based upon market conditions and Company’s estimates of its related operational costs at the time. Until the Company elects otherwise, all DMR Rewards earnings and Cash Out payments to members will be made in United States Dollars (USD).

21.  Prior to being able to Cash Out DMR Rewards, you agree to complete your member profile, provide any required Tax ID numbers and pay all applicable local, state, federal and foreign taxes due on your DMR referral commission earnings. A failure to timely pay all applicable taxes due by You as a result of Company paying DMR Rewards is a violation hereof and gives the Company the right to terminate your membership or withhold future payments. You agree all sums due you hereunder from company are unsecured general obligations of the Company. You agree you are an unsecured creditor with no rights to interest, penalties or costs and fees incurred in collecting any late payments.

22.  The Company reserves the right to pay properly requested DMR Rewards Cash Outs in the month following the date of Member’s request. Company reserves the right to pay members only one time monthly, or more frequently in its sole discretion. No interest, penalties or fees are due on delays in payment by the Company.

23.  Company anticipates subsequent versions of this agreement, in particular reductions in DMR Reward rights as membership growth accelerates. So this 777 Plan may not be in effect for very long so we encourage you to join today and invite friends, family and associates without delay.

24.  Subsequent DMR Rewards plans will only apply to members who join after the new terms are in effect. The compensation term in effect upon joining apply for the life of your membership. They are irrevocable unless you violate any term or condition hereof, as any violation gives Company the right to terminate your rights with no further obligation to you whatsoever and you fully understand and agree to this risk in connection with introducing Company to friends, family and associates.

25.  Our DMR Rewards compensation plan is protected by a patent pending which we own preventing any other interactive Web 2.0 database driven website community from offering automated tiered commission rewards or tiered charitable donations.

26.  I understand that I must be in good standing, not in violation of the Agreement, and if required under law the age of majority in my state of residence or country of citizenship if not the United States to be eligible for CASH OUT of DMR Rewards from Company.

27.  I will not use the Company’s trade name and/or trademarks except as allowed by the Company in writing. Company may change from time to time its policies and procedures pertaining to use of its name and tradenames and trademarks or other Intellectual Property. If required by Company in the future, you agree to purchase approved member related cards and promotional materials exclusively from Company if you decide you want to purchase such promotional materials to promote membership in Your Wellness Network. There will never be any required purchases of cards or other promotional material by You.

28.  You agree to comply with all applicable federal, state, county and local laws, rules and regulations pertaining to this Agreement and at your own expense, make, execute or file all such reports and obtain such licenses as are required by law.

29.  Any business, charitable or government entity may apply to be a member and is bound hereby just as an individual member.

30.  You agree to receive periodic emails and our e-newsletters from Company. If you provide Company your phone number, you also agree to receive periodic text (SMS) messaging from Company.

31.  The Company may in its sole discretion refuse any request to transfer ownership to or from a business entity or amongst individuals for any or no reason as Company intends to make membership non-transferable except in rare circumstances. Company may charge reasonable legal and administrative fees in connection with any request for membership modification as a condition to entertain any such request. The interest of other members must be kept paramount and even in situations of divorce or dissolution Company may refuse membership modifications. A dissolution of a member may be, in the Company’s discretion, deemed a violation of this Agreement and cause termination of membership.

32.  DMR Rewards Cash Outs are only available to members located in countries where such Cash Outs will not cause Company legal compliance concerns or issues in Company’s opinion. You are responsible for all taxes due as a result of you requesting Cash Outs of DMR rewards.

33.  This Agreement may be canceled at any time and for any reason by you notifying the Company in writing of the election to cancel. If you elect to cancel membership all accumulated rewards and rights to future rewards are forfeited.

34.  Company may charge reasonable annual member maintenance fees after one year of membership to maintain membership. Any such charges will be deducted from your DMR Rewards account balance. If you do not have adequate DMR Rewards balances to offset any such annual maintenance charges, your DMR Rewards balance will go negative. You will not be asked to pay any deficiency due to annual maintenance charges from other funds available to you.

35. If Company creates or licenses additional websites powered by DMR You agree Company may automatically, should Company chose to do so, enroll you and Your Network as members in one or more of these other websites. If Company choses to do so, membership in these other websites may require new registration of members in Company’s complete discretion and Your Network in OWC may not apply to any other website activity, meaning someone in Your Network on OWC may join another DMR driven site but not be part of Your Network on that other website unless Company in its discretion, as you hereby give Company authority to do, automatically extends enrollment and membership rights and privileges to all OWC members without need of re-registration on that new website.

36.  A Member whose Agreement is canceled shall receive commissions and bonuses only for the last full payment period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).

37.  Each Member shall comply with all federal, state, and local laws, ordinances, and regulations relative to his or her participation in the Company and pay all taxes due from receipt or accrual of rewards.

38. Actual or attempted cross sponsoring is strictly prohibited. “Cross sponsoring” is defined as the enrollment of an individual who or entity that already is a current member. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, fictitious ID numbers or any straw man or other artifice to circumvent this policy is prohibited. Creating member tiers primarily to impact product price to you, or to capture a number of levels of referral compensation not intended by Company, is prohibited. Any member created that does not actively participate in visiting the website regularly or that does not appear to be inviting other members to join under them shall be assumed to be created primarily for the purpose of abusing the DMR Rewards tiered commission compensation plan and is grounds for termination of any such abusive or bad faith memberships in Company’s discretion. Creation of levels to capture unintended product discounts shall be deemed abusive and cause for termination. All memberships involved in abusive or bad faith member creation activity can be terminated in Company’s discretion. No delay in terminating such accounts shall in any way be deemed a waiver of Company to do so in the future in its discretion.

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