Legal Statement Please read and accept the Terms and Conditions and Return Policy below to continue.
LIMU INDEPENDENT PROMOTER TERMS & CONDITIONS
1. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF The LIMU Company, LLC (“LIMU”) FOR FEDERAL OR STATE TAX PURPOSES. LIMU is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all sales tax collection agreements between LIMU and all appropriate taxing jurisdictions, and all related rules and procedures. I shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county, provincial or municipal law, ordinance, rule or regulation.
2. I have carefully read and agree to comply with the LIMU Policies and Procedures and LIMU’s Prosperity Plan™. These documents, in their current form and as amended in the future at LIMU’s discretion, are incorporated by reference and form a part of these Terms and Conditions. The Policies and Procedures, these Terms and Conditions, and LIMU’s Prosperity Plan, shall be collectively referred to as the “Agreement.” I understand that I must be in good standing, and not in violation of any of the terms of the Agreement, in order to be eligible to receive any bonuses or commissions from LIMU. I understand that the LIMU Policies and Procedures and/or the LIMU Prosperity Plan may be amended at the sole discretion of LIMU, and all such amendments shall be incorporated into this Agreement by reference and shall apply to me. Notification of amendments shall be published in official LIMU materials and/or on the LIMU website and shall be effective upon publication. The continuation of my LIMU business or my acceptance of any compensation from LIMU shall constitute my acceptance of any and all amendments.
3. If I choose to cancel my LIMU business (as outlined in the Policies and Procedures), or if it is voluntarily cancelled or involuntarily terminated for any reason, I understand that I will permanently lose all rights as a Promoter. I further understand that I shall not be eligible to sell LIMU products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from my activities and/or the activities of my former sales organization. In the event of cancellation, termination or nonrenewal, I agree to waive all rights I have, including but not limited to property rights, to my former sales organization and to any bonuses, commissions or other remuneration derived through my sales and/or the sales and other activities of my former sales organization. I may not assign any rights or delegate any duties under this Agreement without the prior written consent of LIMU. Any attempt to transfer or assign this Agreement without the express written consent of LIMU renders this Agreement voidable at the option of LIMU and may result in termination of my LIMU Agreement and Promotership.
4. I understand that if I fail to comply with the terms of this Agreement, LIMU may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures. If I am in breach of the Agreement, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If I become indebted to LIMU for any reason, I authorize LIMU to withhold the appropriate amounts from my bonus or commission checks, or to charge my credit cards. if any, which I have on file with LIMU. I understand that the failure to promptly pay for products constitutes a breach of this Agreement.
5. If a Promoter’s termination is determined to be wrongful following final arbitration proceedings, the Promoter shall be reinstated as a LIMU Promoter in his/her original position and shall be paid those commissions that were withheld during the period of termination. This shall be Promoter’s sole and exclusive remedy for wrongful termination. The Promoter agrees to release LIMU, its directors, officers, shareholders, employees, assigns, and agents (collectively referred as “affiliates”), against claims for consequential and/or exemplary damages.
6. The Agreement, in its current form and as amended by LIMU at its sole discretion, constitutes the entire contract between LIMU and myself. Any promises, representations, offers, or other communications not expressly set forth in this Agreement or any subsequent amendment by LIMU are of no force or effect. To the extent of any conflict or inconsistency between this Agreement and the Policies and Procedures (in their current form or as subsequently modified), the most recent Policies and Procedures shall in all instances supersede and prevail over any term of these Terms and Conditions as to the matters addressed herein.
7. Any waiver by LIMU of any breach of the Agreement must be in writing and signed by an authorized LIMU officer. Waiver by LIMU of any breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
8. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
9. I authorize LIMU to use my name, picture, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
10. This Agreement is governed by and construed in accordance with the laws of the State of Florida unless the laws of the state in which I reside expressly require the application of its laws to this transaction (in which case such state law shall govern). All disputes and claims relating to LIMU and/or the Agreement shall be settled totally and finally by arbitration in Seminole County, Florida, or such other location as LIMU prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. If a Promoter files a claim or counterclaim against LIMU, Promoter shall do so on an individual basis and not with any other Promoter or as part of a class action. 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 of competent jurisdiction. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs from the losing party. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Notwithstanding this arbitration provision, LIMU may apply to any court having jurisdiction for a writ of attachment, a temporary restraining order, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect LIMU’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
11. The parties consent to jurisdiction and venue before any federal or state court in Seminole County, State of Florida for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. If the law of the state in which the applicant resides prohibits consensual jurisdiction and venue provisions for purposes of arbitration and litigation, that state’s law shall govern issues relating to jurisdiction and venue.
ADVERTISING, TRADEMARKS, COPYRIGHTS, & MEDIA CONTACT
COMPANY-APPROVED ADVERTISING & SALES AIDS
Promoters and Customers shall not advertise the Company, its products or services, or the LIMU Prosperity Plan except as specified by the Company. Samples of Company-approved advertising materials are available from the Company. These are the only materials that may be used to advertise the Company, its products, and the LIMU Prosperity Plan. These approved advertising materials cannot be modified or altered without written consent of the Company. LIMU reserves the right to modify these approved advertising materials at any time. Promoters and Customers agree to make no false or misleading representations, whether oral or written, about the Company, its products or services, and the LIMU Prosperity Plan.
A Promoter may not produce, use or distribute any information relative to the contents, characteristics or properties of Company products or services that has not been provided directly by the Company. This prohibition includes, but is not limited to: electronic, print, audio or video media (radio and TV advertisements). A Promoter may not produce or reproduce training materials and/or catalogs without permission from LIMU.
All materials pertaining to The LIMU Company must be approved directly by the Company. Promoters are strictly prohibited from producing any of their own materials. Promoters using unauthorized materials are subject to disciplinary action up to and including, termination.
USE OF COMPANY NAME, TRADEMARKS, SERVICE MARKS, & COPYRIGHTED MATERIAL
The name and symbols of The LIMU Company and other names as may be adopted by LIMU are proprietary trade names and trademarks of the Company.
Each Promoter is hereby licensed by the Company to use the Company’s Federally registered trademarks, service marks, and other marks (hereinafter collectively referred to as “Marks”), in conjunction with the performance of the Promoter duties and obligations under the Promoter Agreement and the corresponding Policies and Procedures.
All Marks are and shall remain the exclusive property of “The LIMU Company.” The Marks may only be used as authorized by the Promoter Agreement and the Company’s corresponding Policies and Procedures. The license granted herein shall be effective only as long as the Promoter is in good standing and in full compliance with the Company’s Policies and Procedures. However, it is prohibited for a Promoter to claim any ownership of the Company’s Marks (i.e., registering for a domain name using the name “The LIMU Company”, “LIMU Original®”, “Blu Frog®”, “LIMU Lean®”, or any other Company Mark in any way, shape or form).
These Marks are of great value to LIMU and are supplied to each Promoter for each Promoter's use in an expressly authorized manner only. Promoters agree not to advertise LIMU products in any way other than the advertising or promotional materials made available to Promoters by LIMU and materials pre-approved by LIMU’s Compliance Department. Promoters agree not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or LIMU marketing program, or in any other manner, any material which has not been copyrighted and supplied by LIMU, unless such material has been submitted to LIMU and approved in writing by LIMU before being disseminated, published or displayed. LIMU Promoters agree to make no false or fraudulent representations about LIMU, the products, the LIMU Prosperity Plan or income potentials.
In addition, LIMU Promoters are allowed a limited license to download approved Company images from its website in conjunction with the performance of the Promoter duties and obligations under the Promoter Agreement and corresponding Policies and Procedures. However, LIMU has certain images on its website that are prohibited from downloading. These images will be specifically marked as “copyrighted” and cannot be downloaded. This violation will be subject to disciplinary action, up to and including suspension and/or termination of your business.
All Company materials, whether electronic, printed, on film, on magnetic media produced by sound recording or otherwise embodied, are copyrighted and/or trademarked/service marked; whether such claim or mark is registered or not, it may not be reproduced in whole or in part by Promoters or any other person except as authorized in writing by the Company.
A Promoter may not produce, sell or distribute printed or electronic literature of any nature, or films or sound recordings, which are deceptively similar in nature to those produced, published and provided by the Company for its Promoters; nor may a Promoter create, purchase, sell or distribute non-Company materials that imply or suggest that said materials originate from the Company.
The Company is the sole and exclusive owner of all content that it produces. This includes, but is not limited to, artwork, images, written materials, audio and video recordings, and content of any other nature. It also includes content that appears on any media, including but not limited to, content appearing on websites, blogs, and/or social media sites. Promoters shall not capture, copy, or reproduce any of the Company’s audio or visual content, or segments thereof, to create marketing or promotional materials unless the Promoter first obtains the Company’s prior written consent.
Promoters shall not create any audio, video and/or written compilation of any Company events, including but not limited to live events, webinars, text messages, instant messages, social media events, and/or telephone calls. All content that is developed from such sources is the sole and exclusive property of the Company.
With respect to product purchases from the Company, Promoters must abide by all manufacturers’ use restrictions and copyright protections.
VERBAL & WRITTEN STATEMENTS BY PROMOTERS
The Promoter, as an independent contractor, is fully responsible for all of his or her verbal and written statements made regarding LIMU products, services and the Prosperity Plan that are not expressly contained in writing in the current Promoter Agreement, and advertising or promotional materials supplied directly by the Company. Promoter agrees to indemnify and hold the Company, its affiliates, subsidiaries, shareholders, agents, officers, directors and employees harmless from any and all liability including judgments, civil penalties, attorney fees, court costs or lost business incurred by the Company as a result of Promoter’s unauthorized representations.
All Promoters are prohibited from answering the telephone and/or using any telephonic message/answering device that would in any way represent or imply that the Company employs the Promoter.
Promoters may be listed in telephone directories as follows: “LIMU Independent Promoter”, “LIMU Original® Independent Promoter”, “Blu Frog® Independent Promoter” or “LIMU Lean® Independent Promoter” followed by the Promoter’s name or company name, address and telephone number.
800, 888 & OTHER TOLL-FREE NUMBERS
A Promoter may list any toll-free number under the name of his or her business as a LIMU Independent Promoter; however, the listing must not represent or imply that the Company employs the Promoter.
TELEPHONE SOLICITATION & AUTOMATIC CALLING DEVICES
The use of the Company’s name or copyrighted materials with automatic calling devices or “boiler room” operations either to solicit Promoters or Customers is prohibited. The use of these methods cannot be regulated by the Company and are therefore deemed a serious breach of the Promoter Agreement. Promoters using automatic calling devices or “boiler room” operations shall be terminated. Promoters using any telephone solicitation must comply with all applicable State and Federal laws, and must respect all entries in State and Federal do-not-call lists.
Promoters shall not engage in direct response sales fulfillment of its products and services through print, radio, television, direct mail, mail order forms, brochures, catalogs, annual directories, websites, web stores, auction sites or classified advertising forums (including but not limited to eBay and/or craigslist) or any other type of unsolicited direct response promotion or advertising. Exceptions to this will only be allowed with Company-provided direct response material; otherwise, all sales must be completed on a face-to-face basis or through a Promoter’s Company-provided IAMLIMU.com replicated website and/or a Company-provided LIMU Mobile Application.
No Promoter is authorized to speak on behalf of the Company to any media source. All media inquiries are to be immediately referred to the Company’s President or a Vice President. This policy is to ensure accuracy of communication and a consistent public image for the Company.
MEDIA USAGE BY THE PROMOTER - UNPAID MEDIA, RADIO, TELEVISION, PERSONAL APPEARANCES
i. Unpaid Media - Company Promoters are prohibited from employing unpaid media forms (including, but not limited to, news releases and articles) to publicize the Company or its products and services without written approval from the Company.
ii. Radio - Company Promoters are prohibited from using radio advertising to publicize the Company or its products and services.
iii. Television - Company Promoters are prohibited from using television and cable television to publicize the Company or its products and services.
iv. Personal Appearances - Appearances by Company Promoters on television or radio are prohibited unless approved in writing by the Company.
v. Other Media - Appearances by Company Promoters on blogs or other web media are prohibited unless approved in writing by the Company.
INTERNET AND MOBILE APPLICATION USAGE
i. LIMU Marketing Websites
Each LIMU Independent Promoter is offered the opportunity to activate their own IAMLIMU.com marketing website and back office. They may also choose to activate their own LIMU Mobile Application. IAMLIMU.com is a marketing tool that includes the Promoter’s contact information displayed and the Promoter’s ID # embedded in the site so that the Promoter is given credit when a prospect orders product or signs up as a Promoter on the site. LIMU’s Mobile Application is a Promoter- specific application for use in marketing and business building.
A Promoter’s IAMLIMU.com website and/or LIMU Mobile Application may be taken offline by the Company: (1) if the Promoter is in violation of the Company’s Policies and Procedures; (2) at any time after the Promoter’s Agreement has been terminated or placed on suspension; (3) if inappropriate links are made to the website.
LIMU makes no guarantees or representations regarding the success or usefulness of marketing websites or mobile applications provided by LIMU. INTERNET SERVICES PROVIDED BY LIMU OR ITS VENDORS ARE SOLELY PROVIDED “AS IS.” LIMU MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. LIMU may not be held liable for any downtime on LIMU marketing websites or mobile applications due to server delays or problems, viruses, maintenance or any other reason whatsoever.
ii. Promoter-Developed Independent Websites
Promoters are discouraged from developing their own independent websites. If they choose to do so anyway, they must strictly adhere to the following rules and requirements: Promoter-Developed Independent Websites must be team websites. The sole purpose of these websites must be team updates, limited recognition, and calendaring of events. Promoters must submit a complete hard copy of the website they propose to use to LIMU’s Compliance Department and receive written authorization to use the site prior to taking the site live or allowing any third-party viewing of the site. Any changes to an approved website must likewise be submitted to LIMU’s Compliance Department and receive written approval. LIMU charges a $50.00 fee to review new and edited Promoter-produced websites up to 20 printed pages. The fee must be included along with the hard copy submitted to the company for approval. LIMU reserves the right to charge an additional fee to review websites exceeding 20 printed pages.
Promoters may not charge a fee to directly or indirectly use or access their website or a replicated likeness thereof. It is, however, permissible for access to be limited to those within their own organization.
No product sales or enrollments may occur from any website other than IAMLIMU.com or LIMU’s Mobile Applications. This prohibition includes, but is not limited to, Promoter-developed websites, eBay and online shopping malls. Promoters may link from their independently produced websites to their respective IAMLIMU.com websites, from which product sales and enrollments may occur. LIMU will ship all orders from Promoters’ LIMU Websites directly to the customer.
Promoters’ independent websites must not contain any improper testimonials, income claims, or product claims. LIMU will not provide legal advice to Promoters on their advertising material. LIMU will simply approve or disapprove proposed website content and will NOT assist Promoters in drafting or revising the content. It is each Promoter’s responsibility to seek their own independent legal counsel to assure that the material they propose to publish complies with the law. Regardless of any legal opinion furnished by a Promoter’s counsel, the decision whether to approve or disapprove content shall be at LIMU’s discretion.
Like any advertisement or promotional material, all website content and images must comply with LIMU’s Policies & Procedures. The words “Independent Promoter for The LIMU Company, LLC” must be conspicuously posted on the Marketing Websites along with the Promoter’s name or business name (d/b/a), and a valid contact telephone number and email address.
In no way should any independent website give the impression of being the official website of LIMU rather than that of an Independent Promoter. A Promoter’s independent website cannot directly or indirectly contain product or business opportunity information relating to any company other than LIMU.
Copyrighted and trademarked material, as well as people or model images cannot be posted to a Promoter’s independent website without obtaining an appropriate license or release from the owner. It is each Promoter’s responsibility to ensure that his or her independent website does not infringe on the trademarks, copyrights, intellectual property, privacy or publicity rights of any third party. All LIMU images are copyrighted, however images found in the Forms & Materials Library in Online Office are pre-approved for use by LIMU Promoters in good standing with the Company.
Independent Promoters may not publish, post or distribute any material on their websites or on various social media sites including but not limited to Facebook, Twitter, and Google+ in connection with LIMU that is defamatory, libelous, disparaging, threatening, offensive, harassing, abusive, obscene, pornographic, in violation of applicable law, or that inhibits others from enjoying the LIMU website or Independent Promoter websites. Determination whether a link is objectionable is at LIMU’s discretion.
LIMU DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO PROMOTERS’ INDEPENDENT WEBSITES OR SOCIAL MEDIA SITES. Independent Promoters will be held responsible for any statements or other content that is posted on Independent Promoters’ websites, social media sites, or email, including liability for harm caused by such statements or material.
Metatags, imbedded text or graphics, or other techniques that utilize the trademarks, company names, product names, or intellectual property of any non-LIMU products in order to divert traffic to a Promoter’s website are prohibited. Likewise, Promoters shall not use such metatags, imbedded text or graphics that contain names of illnesses or diseases, names of drugs, or improper medical or income claims to drive traffic to their respective websites. Within 48 hours of a Promoter’s termination or cancellation of his or her business for any reason, the former Promoter shall remove his or her independent website from the Internet. With the exception of LIMU Marketing Websites, the use of “The LIMU Company”, “LIMU Original”, “LIMU Lean” or “Blu Frog” or “LIMU Energy” within a URL address/domain name or e-mail address, or any derivative thereof, is not permitted (by way of example, but not limitation: LIMUcompany.com, LIMUco.com, originalLIMU.com. or LIMUcompanyseller@aol.com are impermissible URLs and email addresses). LIMU Independent Promoters may not use any domain name or email address that includes any reference, whether abbreviated or not, to LIMU's name, product or services, except in connection with the LIMU Marketing Websites program.
Promoters owning or operating independent websites agree to indemnify and hold LIMU harmless for any damage, liability, fine, sanction, judgment, settlement, award, or other financial injury incurred that results from or relates to the Promoter’s independent website.
HEALTH AND INCOME CLAIMS
Federal, state and provincial laws limit the health and medical claims that can be made with respect to dietary supplements. No product claims can be made by LIMU Promoters other than those approved and provided by the Company in writing. In addition, all Promoters are expressly prohibited from making any express and/or implied income claims.
An “express income claim” is a specific representation about the amount of money that a Promoter has made, or will or could make. For example, the following are express income claims: “I made $LIMU.00 with LIMU last month.” “You can earn $LIMU.00 with LIMU if you follow this system.”
An “implied income claim” does not specify a precise amount of earning, but represents a level of income that can be earned. Examples of implied income claims include statements such as: “As a LIMU Promoter, you can replace your full time income.” “You can live the life of your dreams without ever going to work again.” IN addition, pictures of luxury goods and vacations also constitute implied income claims.
Product testimonials must be Promoter’s own and must not include any claims that any LIMU Product will cure, treat, mitigate, or prevent any disease, injury, or illness. Testimonials may not include information other than what the Company itself promotes in Company-produced materials. All testimonials must include appropriate disclaimers indicating that:
i. The product is a dietary (food) supplement, not a drug.
ii. It has not been evaluated by the FDA and is not intended to diagnose, treat or cure any disease or illness;
iii. The testimonial is based on the Promoter’s personal experience;
iv. The science has not been developed to the extent necessary to independently verify such experience; and
v. Each individual will have a unique response when using the product.
HANDLING CONFIDENTIAL INFORMATION
HANDLING PERSONAL INFORMATION
As a Promoter, you will receive Personal Information from and about prospective Promoters, Customers and other individuals. Keeping their Personal Information secure not only helps to ensure your compliance with the law, but it also helps you to maintain current Customers’ and potential Customers’ trust, which is an important factor in your success. Personal Information is information that identifies, or permits you to contact, an individual. It includes a Customer’s, potential Customer’s or other individual’s name, address, email address, phone number, credit card information, social security number, purchase history, and other information associated with these details.
GIVE THEM NOTICE
New Promoters and Customers will often want to know why you are collecting their Personal Information and what you plan to do with it, so tell them what you are collecting, why and with whom you are going to share it. Tell them this before or at the time that you collect their Personal Information, and then be sure that you use and share Personal Information only in the ways you promised.
COLLECT ONLY WHAT YOU NEED
Collect only the Personal Information that you really need. Review the forms that you use to collect Personal Information, and revise them to remove fields for information you do not need. Less is more. For example, don’t collect a credit or debit card number unless your Customer actually makes a purchase.
GIVE THE CUSTOMER CONTROL
Give Customers a choice about how you communicate with them. For instance, find out if a Customer wants to receive promotions and other marketing messages from you and, if so, whether he or she would prefer to receive them by email, phone or another method of communication. Respect the Customer’s wishes: if, for example, a Customer tells you that he or she doesn’t want to receive emails, then find another way to communicate with him or her.
Keep the Customer’s Personal Information up-to-date. Remind them to let you know if their Personal Information changes. Keeping your contacts current helps you to stay in touch with them.
Your Back-Office may have information relating to your downline Promoter’s confidential information. You must not show this information to anyone, nor may you share your IAMLIMU.com Back-Office access with anyone.
SHARE ONLY IF NECESSARY
Don’t share a Customer’s Personal Information unless you have a real business reason to do so—and then share only what is necessary, and no other information, and make sure that the other person agrees to use the Personal Information only in the ways you have agreed.
A Customer’s information is a valuable asset. Don’t communicate it to the general public or to anyone who doesn’t have a legitimate need for it. Protect it from unauthorized access or disclosure.
DISPOSE OF PERSONAL INFORMATION RESPONSIBLY
When you no longer need a Customer’s Personal Information, stop using it. Dispose of it in a way that makes it unreadable, such as by shredding paper documents.
BE VERY CAREFUL WITH SENSITIVE PERSONAL INFORMATION
If sensitive Personal Information such as credit or debit card numbers, social security or Tax ID numbers, fall into the wrong hands, Customers could become the victim of fraud or identity theft. Consider these steps to help reduce that risk:
i. Pay attention to your surroundings and use good judgment whenever you need to discuss or transmit sensitive Personal Information;
ii. Do not share (or ask a Customer to share) sensitive Personal Information, including payment information, in an unsecure way, such as by email;
iii. Keep sensitive Personal Information in a secure place, such as a locked drawer. Do not leave it lying around where someone could see or take it;
iv. Use similar safeguards if you keep sensitive Personal Information on your computer. For example, use passwords that are not easy to guess, install virus protections, and password-protect documents that contain sensitive Personal Information;
v. Avoid storing Personal Information on your laptop or another portable device that could be lost or stolen, unless the device is encrypted; and
vi. Unless you have a legitimate business need, do not keep sensitive Personal Information. Keeping it for longer than you need it creates unnecessary risk.
POLICY & PRICING CHANGES
The Company shall be entitled to make changes in product, sales aids or service prices and availability at any time. Such pricing and availability changes shall become effective upon publication by LIMU.
POLICY & PROSPERITY PLAN CHANGES
LIMU reserves the right to amend the Policies and Procedures and the Prosperity Plan in its sole and absolute discretion. By executing the Promoter Agreement, a Promoter agrees to abide by all amendments or modifications that LIMU makes. Amendments shall be effective 30 days after publication of notice and posting the amended provisions, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published in Promoter’s IAMLIMU.com Back Offices and on the LIMU Mobile Application. The continuation of a Promoter’s LIMU business or a Promoter’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
The latest version of these documents appears online in the IAMLIMU.com Back Office “Resource Library”, as well as on LIMU’s Mobile Application under Resources and Regulatory. A Promoter’s continued ordering and reselling Company products and services, promoting LIMU business, or both, after such amendments, shall constitute the Promoter’s agreement to those amendments as well as a legally-binding amendment of the Agreement, Pricing, Policies and Procedures, and the Prosperity Plan, as applicable. In the event of any conflict between the terms of the Promoter’s Registration and Agreement, Policies and Procedures or any other document and such amendment, the amendment shall control.
The Promoter shall indemnify and hold LIMU, its affiliates, subsidiaries, shareholders, agents, officers, directors, and employees harmless from and against all claims, demands, liability, loss, damage or expense arising from or in connection with (1) the Promoter’s breach of the Agreement, (2) the failure of the Promoter to pay appropriate taxes, (3) the Promoter’s operation of his or her business, or (4) the Promoter’s violation of any applicable federal, state or local law.
EXCESSIVE CREDIT CARD CHARGEBACKS OR RETURNED CHECKS
Promoters placing credit card orders must use their own credit card. Multiple credit card chargebacks to LIMU, including chargebacks caused by unauthorized use of the credit card by another Promoter, may result in the Company refusing to accept that credit card. LIMU shall have a right of set-off for any amounts owed by the Promoter to LIMU as a result of such chargebacks. LIMU reserves the right to take further disciplinary action against the issuing Promoter up to, and including, termination.
AGREEMENT WITH THE COMPANY
These Policies and Procedures and LIMU’s Prosperity Plan, including any future modifications thereof, are incorporated into the Agreement, and the Agreement constitutes the entire Agreement of the parties regarding their business relationship. In the event of a conflict between the Policies and Procedures, as amended from time to time and any other documents now or hereafter made part of the Agreement, the terms of these Policies and Procedures shall prevail.
Federal and state regulatory agencies do not approve or endorse direct selling programs; therefore, Promoters may not represent that the Company’s program has been approved or endorsed by any governmental agency.
EXCEPTIONS TO THE POLICIES - WAIVER OF COMPLIANCE BY THE COMPANY
The Company shall not waive its right to insist on compliance with the Agreement or with the applicable laws governing the conduct of a business. This is true in all cases, both expressed and implied, unless an officer of the Company, who is authorized to bind the Company, specifies in writing that the Company waives any of these provisions. In addition, any time the Company grants a written waiver to a Promoter for an exception to the Agreement, that waiver does not extend or permit any future waiver(s).
PERSONAL USE POLICY
International Customers or Promoters may order up to a three-month supply of LIMU’s products for their own personal use or for use by their immediate family. Not more than three months’ worth of products per Customer or Promoter may be ordered each quarter. “Immediate family” includes a father, mother, children, or spouse with whom the Customer or Promoter permanently resides. Under no circumstances may such product be resold or distributed to any other person or third party.
AUTOSHIP TERMS & CONDITIONS
By completing the AutoShip sign up information on the front of this Agreement, I authorize The LIMU Company, LLC (“LIMU”), to ship the product listed on the front of this form according to the terms set forth herein. LIMU is under no obligation to ship products if the authorized account(s) have been overdrawn or closed. This Agreement does not supersede or modify in any way the terms and conditions of my Independent PROMOTER Agreement or LIMU’s Policies and Procedures. LIMU reserves the right to modify or terminate the AutoShip at its sole discretion.
CHANGES: Upon notice, LIMU reserves the right to change prices. When such price changes occur, LIMU will publish them in LIMU publications and, unless I direct LIMU to do otherwise, LIMU will continue to send me the products specified in my AutoShip Agreement at the changed price. I understand that I will receive a 100% refund on any product where the price has been increased if I return such product to LIMU within thirty (30) calendar days of the date of the product order, or the period specified by state law of the state where I reside for such refunds, whichever is longer.
TERM: This Agreement will remain in effect until I submit my written cancellation of this Agreement to LIMU. Change or cancellation will be effective in the calendar month in which it is received by LIMU, if received at least 5 business days prior to my AutoShip ship date; otherwise, change or cancellation will become effective in the month following the month in which my notice of change/cancellation is received by LIMU. If I cancel my AutoShip, my Promotership will not be cancelled.
PAYMENT AUTHORIZATION: I authorize LIMU to charge my credit card identified on the front of this Agreement for my AutoShip order(s). If I have selected the credit card form of payment I authorize LIMU to charge all orders to this card, even if they exceed the amount of my pre-selected AutoShip order. I understand that shipping, handling and applicable taxes will also be added to all orders, regardless of the form of payment. In order to prepare my AutoShip order to ship on the indicated date, I understand that my credit card or checking account may be charged up to seven (7) days prior to the scheduled shipment date. I agree to pay a $25.00 service fee in the event a check or charge is returned for any reason. I have the right to have the amount of any erroneous withdrawal credited as soon as reasonably possible and upon proper notification to LIMU. I shall hold LIMU harmless for all special or consequential damages, whether direct or indirect, resulting from any wrongful debit to my account.
NOTICE OF RIGHT TO CANCEL
DATE OF TRANSACTION: ______________________.
I may CANCEL this transaction, without any penalty or obligation, within THREE (3) BUSINESS DAYS from the above date. If I cancel, any property traded in, any payments made by myself under the contract or sale, and any negotiable instrument executed by me will be returned within TEN (10) BUSINESS DAYS following receipt by the seller of my Cancellation Notice, and any security interest arising out of the transaction will be cancelled.
If I cancel, I must make available to the seller at my residence, in substantially as good condition as when received, any goods delivered to myself under this contract or sale, or I may, if I wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If I do make the goods available to the seller and the seller does not pick them up within twenty (20) days of the date of my Notice of Cancellation, I may retain or dispose of the goods without any further obligation.
If I fail to make the goods available to the seller, or if I agree to return the goods to the seller and fail to do so, then I remain liable for performance of all obligations under the contract. To cancel this transaction, I must mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice to The LIMU Company, 610 Crescent Executive Court, Suite 110, Lake Mary FL 32746, or fax a copy to LIMU Sales and Services Department at 888.852.6777,
NOT LATER THAN MIDNIGHT ____________________________________________________.
(3rd business day following the transaction date)
I HEREBY CANCEL THIS TRANSACTION.
Sign here to cancel.
Buyer’s Signature ___________________________________________Date _____________
a.) Customer Guarantee. LIMU has a 30-day, 100% money back guarantee on all of its products for Retail Customers. Returns must be made within thirty (30) days of the sale. If a Retail Customer wants to return product purchased from a Promoter, it is the responsibility of the Promoter to refund the product purchase price promptly. LIMU will replace any product returned to the Promoter within thirty (30) days of the refund to the Retail Customer. The Promoter returning the product, if applicable, and all upline Promoters are subject to deductions from their commission checks based upon commissions paid to them on the group volume calculated on the returned products. A Promoter shall deliver to the Retail Customer at the time of sale, two copies of a completed Retail Receipt Form. Each Promoter is expected to promptly honor the Customer Guarantee. Failure to do so is a breach of LIMU’s Policies and Procedures that could result in termination of the Promotership. The product will not be replaced if it is determined that the product was returned because of (1) a misrepresentation of the product’s expected results by the Promoter, (2) alteration of the label or packaging by the Promoter, or (3) damage caused to the product after delivery to the Promoter.
b.) Refunds Upon Termination. If a Promoter has terminated the Promoter Agreement, LIMU will repurchase from such Promoter on reasonable commercial terms, currently marketable product inventory purchased by that Promoter for resale prior to the date of termination. “Reasonable commercial terms” shall include the repurchase of marketable inventory purchased within sixty (60) days from the order date at no less than 90% of the Promoter’s original net product cost less shipping costs, appropriate set-off and legal claims. Inventory shall not be considered currently marketable if returned for repurchase after the products’ commercially reasonable usable or shelf life period has passed or if LIMU clearly discloses to the Promoters prior to purchase that the products are seasonal, discontinued, or special promotion products and are not subject to the repurchase obligation. For health reasons, LIMU’s products are not considered re-sellable if the product seal or package seal has been broken. Any commissions, bonuses or rebates paid to upline Promoters on or in connection with returned products may be deducted from such upline Promoter’s commissions, bonuses and rebates payable. LIMU reserves the right in its sole discretion to repurchase inventory of a terminating Promoter, or otherwise provide a refund, even though such repurchase or refund is not required by law or by the provisions of this Section, and to deduct commissions, bonuses, and rebates previously paid to the terminating Promoter’s upline. Further, LIMU’s repurchase obligation shall be subject to such rules and procedures as LIMU shall include at its discretion from time to time. Further, this repurchase obligation shall not apply to inventory if a Promoter has previously certified falsely that seventy percent (70%) of the total amount of previously purchased products had been sold. If a state has enacted a specific buy back requirement that varies from the foregoing, LIMU shall repurchase inventory in accordance with applicable state law. THIS REFUND POLICY SHALL NOT APPLY TO PROMOTERS WHO ARE IN VIOLATION OF ANY OF THE PROVISIONS OF SECTION IV (CONFIDENTIALITY/NON-SOLICITATION/NON-COMPETITION) OF THESE POLICIES AND PROCEDURES, OR ANY FUTURE MODIFICATIONS TO SUCH PROVISIONS. LIMU WILL NOT ACCEPT RETURNED PRODUCT FROM ANY PROMOTER OR FORMER PROMOTER WHO IS IN VIOLATION OF SUCH PROVISIONS.
c.) Returns by Non-Terminating Promoters. Promoters may return one product order per calendar quarter for a refund subject to the following limitations and requirements (the following are not applicable to returns seeking a product exchange):
1. Only merchandise purchased within 60 days from the date of purchase shall be eligible for a refund;
2. Shipping, handling, and a 10% restocking fee will be deducted from all refunds;
3. Shipping charges incurred by the Promoter returning the merchandise will not be refunded;
4. Any commissions, bonuses, or rebates received by the Promoter that was dependent on the volume generated by the subsequently returned merchandise will be deducted from the refund;
5. Any commission, bonus or advancement in rank achieved by the Promoter which was dependent on the volume generated by the product returned for a refund will be redacted;
6. Any upline Promoter that received any commission or bonus, or any advancement in rank, that was dependent on the sale of product that is subsequently returned for a refund will result in the recapture of such commission or bonuses, and may result in the redaction of rank advancement;
7. Unless otherwise required by law, returned products that are not in resalable condition or which were designated as non-refundable at the time of purchase shall not be eligible for a refund;
8. Promoters who return more than one order per calendar quarter (four orders per calendar year) seeking a refund will be subject to termination;
IAMLIMU.com TERMS OF SERVICE
User's Acknowledgment and Acceptance of Terms
1. Single Copy License
1.1 Any unauthorized use of any materials on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. However, without in any way waiving any of the rights stated herein, you may download and print one copy of any Web page on this site on any single computer for your personal, non-commercial use in learning about, evaluating, or purchasing LIMU's products, provided that you also retain any and all copyright, trademark and other proprietary notices contained on the materials you download and print. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, use for any commercial purposes or modify these materials.
2.1. You agree to provide accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to LIMU immediately. Reporting of such changes must be made by using the My Account section of the Services.
3. Fees and Billing
3.1. Internet access is not included in the Service. You must arrange for your own access to the Internet.
3.2. Recurring Fees. For use of the Service you will be charged a recurring monthly or annual fee, as specified in the signup process. This fee must be paid by one of the authorized payment methods. LIMU will bill the payment method specified during registration or subsequently updated in the My Account section of the Services. Alternately, your payment method may be updated by calling Online Support at the Online Support number listed in the Support section of the Services.
3.4. Signup Fee. By registering for the Service you agree to pay any applicable one-time signup fee. The signup fee, if required, will be clearly posted in the signup form on the Service.
3.5. Other Charges. In addition to any applicable monthly or annual fee for your site, your payment source will also be charged for any purchases made via the Services, unless the particular purchase provides for, and you choose, a different payment method.
3.6. Fees Changes. LIMU reserves the right to change the monthly or annual fee with prior notice via posting in the back office of the Services.
3.7. Declined Charges. You agree to LIMU charging the provided payment source provided on a recurring basis via an anniversary billing system, beginning the date you sign up for the Service. Should the initial attempt be declined, the charge will automatically be attempted again daily until payment is collected. If, after 14 days, the payment is still declined, LIMU reserves the right to place the site "on hold" until such billing issues can be resolved. If, after 30 days, the payment is still declined, LIMU reserves the right to cancel your IAMLIMU.com service; in such a case you are still responsible to remit any outstanding payment due to LIMU and LIMU will continue to collect the declined charge.
3.8. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all reasonable attorney and collection fees arising from efforts to collect any unpaid balance on your account.
4. Acceptable Use and Compliance Policies
4.1 You agree to abide by IAMLIMU.com and LIMU's Acceptable Use and Compliance policies. You are responsible to secure approval from LIMU's compliance officer PRIOR TO using, posting, or otherwise making public any personal website content, marketing materials, or any other material making representations about LIMU, LIMU's products, or the IAMLIMU.com Service. You agree that LIMU, as the provider of the Service, may act as your agent and take action to maintain compliance with this Agreement, including requesting third parties to take various actions to ensure such compliance. You agree that LIMU and its Associates shall not be liable for any lost fees, unused or unrealized advertising, lost profit or any other damages resulting from taking action under this clause.
4.2 Hyperlinks. You must secure PRIOR approval from LIMU's compliance office for any hyperlinks you wish to include in your Web site. If you add any hyperlinks from your Web site to any other Web page or Internet site, those hyperlinks do not reflect any approval or authorization by LIMU of any statements made or business conducted by that person or entity, and LIMU expressly disclaims any representations or warranties that may be made by that person or entity about LIMU or LIMU's products other than those found in the Company literature, product labels or this site, and LIMU is not responsible or liable for the same.
4.2.1 Links To Your Web Site. You are permitted to place authorized links leading TO your IAMLIMU.com Website at locations of your choosing on the internet, including other Websites, online forums, and the like. Authorized links include those links specifically provided for advertising purposes in the Web office portion of your IAMLIMU.com Website, as well as links you have created yourself from images and text obtained from LIMU.
4.2.2 Links From Your Website. Electronic links FROM your Website are allowed only in accordance with LIMU's Guidelines on Internet Usage to locations within, and operated by, the "IAMLIMU.com" domain and to the Company's domains. This includes all pages directly operated by LIMU. It specifically does NOT include those pages operated by affiliates or third parties of LIMU, or other IAMLIMU.com pages without express permission of the subscribers of such IAMLIMU.com pages.
4.3 Framing. LIMU assumes no responsibility for any other party's site hyperlinked to this site, or in which any part of this site has been hyperlinked. In addition, LIMU assumes no responsibility for any other Web site in which any part of LIMU's Web site has been framed. LIMU neither warrants nor represents that your IAMLIMU.com Web site will work in frames, nor that your use of materials displayed on this site will not infringe the rights of third parties not owned by or affiliated with LIMU.
4.4 Unless you are specifically and expressly authorized by LIMU, you may not use IAMLIMU.com or LIMU's icons, site address, or other means to hyperlink other Internet sites with any page in this site, or "frame" any page or part of this site into any other Web site.
4.3 LIMU authorizes only you to access the Service and use the Software. If you permit others to use the Software and Services, you do so at your own risk. You are responsible for ensuring that any such users comply with this Agreement, and LIMU's policies and guidelines on Internet usage, and acknowledge that their violations will be held against you.
4.4. You are responsible for maintaining the confidentiality of your passwords.
4.5 Users are prohibited from exhibiting, using or transmitting on or through any of the IAMLIMU.com Software or Services, any material that is, in LIMU's sole discretion, unlawful, obscene, offensive, improper or inconsistent with the image of LIMU. Exhibition, transmission, distribution, or storage of any information, data or material in violation of United States or state law or regulation, or by the common law, is prohibited. This includes, but is not limited to, material protected by patent, copyright, trademark, trade secret, or other statute. LIMU reserves the right to monitor user sites and data for such material, and to remove such material without notice and/or to terminate or suspend an offender's account without notice, at their sole discretion.
4.6 The Services may also permit downloading of images, audio, patches, software (executable) or other files. The ownership of such material remains with the owner thereof, and further transmission, copying or dissemination without written permission of the owner is prohibited and grounds for immediate termination of the user's account without notice.
4.7 The Services may also permit the uploading or posting of messages, images, audio, patches, software (executable) or other material. By posting or uploading such material the user warrants that such files are free of any claims by a third party, and indemnifies LIMU and its partners and suppliers against any claims arising from such posting or uploading, and the resultant download, copying or other transmission of such files.
4.8 You agree that use of the Services to degrade or circumvent the security measures of the System or any other system is strictly prohibited. Use of the Software or Services in a manner which degrades system performance (such as by storing unusually large amounts of data) is prohibited.
4.9 Website Statistics or Traffic Monitoring. The privacy of our customers is a controlling interest. You agree that LIMU reserves the right to terminate, without notice, your account if your actions, in LIMU's sole discretion, serve to remove or degrade the privacy of customer data or the security of customer transactions, and to take other necessary steps to repair damage done or attempted. Profiling or other monitoring of site visitor activity is prohibited unless conducted by LIMU or under a LIMU authorized program. You specifically agree to abide by, and maintain customer information in accordance with, the most recent revision of LIMU's Guidelines on Internet Usage in the Policies and Procedures.
4.10 Additional Domain Names. You are permitted to maintain additional domains (i.e., URL address) which automatically redirect to your IAMLIMU.com Web page, provided that the you have secured PRIOR approval for the use of each domain name from LIMU's compliance officer.
4.11 Use of certain features (such as the planner and address book) will cause data you enter to be stored on equipment operated by LIMU and/or its partners and suppliers. As this information relates to the sales activities of LIMU products, you agree that LIMU has a controlling interest in such data. While you may use such data to further the interests of LIMU or affiliated companies, you may not sell, license, rent or otherwise gain from such data except as authorized in writing by LIMU.
4.12 Except for the Software accessed via the Service, you are responsible for providing and maintaining all equipment and other software necessary to access the Service and Software.
5. Anti-SPAM Policy
5.1 LIMU has a Zero-Tolerance Anti-SPAM policy. If you engage is SPAMing, or sending mass emails to email lists other than to your personally-contacted prospects and acquaintances, your Service may be terminated immediately. LIMU reserves the right to determine whether this Anti-SPAM policy has been violated based on our interpretation of the facts of the incident.
7. International Use
7.1 Although this site may be accessible worldwide, LIMU makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited by law.
7.2 LIMU, in its sole discretion, may restrict the availability of this site to any person, country or jurisdiction at any time without prior notice.
8. Termination of Use
8.2 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
8.5 Termination of your business relationship with LIMU (whether by you or by the Company) will cause LIMU to automatically terminate your IAMLIMU.com service.
8.6 If you wish to terminate your IAMLIMU.com service, you must call or email IAMLIMU.com website support or send a facsimile message to (801) 224-4457 (or such other number as listed in the Support section of the Service). The facsimile message must include the following information:
1. Your first and last name
2. Your website username
3. A written statement requesting that your IAMLIMU.com site be canceled.
This information is needed in writing in order to make any cancellation to a site. Once received, please allow 5-7 working days to process the cancellation.
Upon a request for cancellation:
1. Subscriptions canceled within 72 hours of signup will receive a full refund or credit for the initial hosting fee.
2. Monthly subscriptions canceled after 72 hours of registration will receive no credit or refund. Annual subscriptions canceled after the first 72 hours and within the first month will receive a refund equal to the amount of the annual fee minus the amount of one regular (not pro-rated) monthly hosting fee; annual subscriptions canceled one month or more after the fee was charged will not be refunded or credited.
3. All monthly hosting charges are final once processed.
If you have not received confirmation within 5 to 7 days of making your request, please contact Online Support to confirm receipt of your e-mailed or faxed cancellation notice.
9. Trademark and Copyright Notice
10. Disclaimers and Limitation of Liability
10.2 LIMU expressly disclaims any representations or warranties made by LIMU's Promoters or Customers about LIMU or its products other than information provided in LIMU literature, product labels or this site. LIMU expressly prohibits Promoters and Customers from making any such non-approved representations or warranties and is not responsible or liable for the same.
10.3 LIMU Promoters are independent contractors. LIMU authorizes its Promoters to refer individuals to this site to obtain information about LIMU and its products. LIMU-authorized Internet links that may be established by LIMU Promoters to make such referrals do not constitute any approval or authorization by LIMU of any statements made or other business conducted by LIMU Promoters or of any representations or warranties other than those found in LIMU literature, product labels or this site.
10.4 Statements made about LIMU's products have not been evaluated by the Food and Drug Administration. LIMU products are not intended to treat, diagnose, cure, mitigate or prevent diseases or their symptoms.
11. Applicable Law and Jurisdiction
11.1 Any claims arising out of or relating to the use of this site shall be governed and resolved by the laws of the State of Florida without regard to its conflict of laws principles. Any disputes arising out of or relating to the use of this site which cannot be resolved through negotiation will be subject to the sole and exclusive jurisdiction of a competent court in the County of Seminole, Florida.
13. Entire Agreement