Independent Evangelist Agreement
Last Updated May 12, 2021
By registering a Website User Account on FreeFiltering.org (the Web Site), I agree to the terms of the FreeFiltering Independent Evangelist Program which enables Web Site Users, also known as Evangelists, to earn commissions for referring paying customers to FreeFiltering LLC (the Company or FreeFiltering) and for leading an organization of Evangelists who also refer paying customers to FreeFiltering. I understand that by registering a Website User Account on the Web Site, I am applying to become an Evangelist subject to the terms of this agreement.
- I am competent and of legal age to enter into binding contracts in the state in which I enter this Agreement with FreeFiltering LLC.
- I understand that as an Evangelist, I am an independent contractor, and not an agent, employee, legal representative, or partner of FreeFiltering. I further understand and agree that I will not be treated as an employee for any federal or state law. I agree to pay all applicable federal and state income taxes, self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement. Furthermore, I agree to provide FreeFiltering with my Social Security number or Employer Identification Number upon request of the Company, so that the Company may comply with any law requiring one of these numbers. I agree that my failure to provide one of these numbers to FreeFiltering may result in the Company withholding or rescinding payment of commissions which exceed the limits set by government agencies which can be paid without reporting such payments to government agencies. I understand that FreeFiltering is required by law to report to governing authorities any income paid to me once it exceeds certain thresholds and I will promptly provide the Company with any and all information required to make such reports when requested.
- I understand that the acceptance of this Agreement by FreeFiltering does not constitute the sale of a franchise or a business opportunity under state or federal law and that there are no exclusive territories granted to anyone. I also understand that I am not acquiring any interest in a security.
- I understand that my success as an Evangelist depends upon my own efforts and skills. I do not anticipate receiving income as a result of the efforts of any individual or entity other than myself.
- I understand that I will only be paid commissions on services or products purchased by End Consumers. Moreover, commissions will not be paid on any portion of a recurring donation paid by a Patron which exceeds $10 per month. (Patrons are defined as those who make recurring non-tax-deductible donations to FreeFiltering.) As just one example, if a Patron creates a monthly recurring donation for $100, commissions will only be paid to Evangelists on the first $10 of the donation each month, since the Patron receives Premium services for their own personal use; the remaining $90 is considered a non-tax-deductible donation to FreeFiltering to help provide services to other Users; in this example, commissions will not be paid on the remaining $90 each month.
- I will not purchase any service or product from FreeFiltering solely for the purpose of qualifying for commissions or bonuses. FreeFiltering will not be responsible for the loss of any commissions and bonuses or other payments because of errors or delays in receiving agreements, orders, changes or other necessary information.
- I have carefully reviewed the FreeFiltering Compensation Plan and Statement of Policies and acknowledge that they are incorporated as part of this Agreement in their present form and as modified from time to time by FreeFiltering at its sole discretion.
- Upon 30 days’ notice to Evangelists, FreeFiltering may, at its sole discretion, amend the Compensation Plan, Statement of Policies and/or this Independent Evangelist Agreement and any other agreements entered into by and between FreeFiltering, the Evangelists, or Website Users (collectively referred to herein as the “FreeFiltering Agreements”). By registering a User account on the Web Site, I agree to abide by any and all such amendments and that my only remedy for not accepting any such amendments is to immediately terminate this Agreement prior to the conclusion of the 30-day notification period. The continuation of my FreeFiltering Evangelist business or my acceptance of commissions and/or bonuses from FreeFiltering after the 30-day notification period constitutes my acceptance of any such amendments. I agree that FreeFiltering’s interpretation of the FreeFiltering Agreements will be final and binding. My violation of any of the terms of the FreeFiltering Agreements or of any law in the course of my business activities may result, at FreeFiltering’s discretion, in forfeiture of any future compensation from FreeFiltering, cancellation of this Agreement, or other corrective action as specified in the Statement of Policies. If this Agreement is cancelled or terminated at any time for any reason, I understand that I will permanently lose all rights as an Evangelist, and I agree to waive all rights and claims to my Customer & Evangelist Organization and to all commissions and bonuses. The FreeFiltering Agreements, as amended from time to time by FreeFiltering, constitute the entire agreement between FreeFiltering and me and no other written or verbal promises, representations, guarantees or agreements of any kind will be valid unless in writing signed by FreeFiltering’s President or Chief Executive Officer.
- The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
- The term of this Agreement is one year. This Agreement will automatically renew annually on each anniversary of the date of my initial registration of a User account, unless otherwise cancelled.
- I can cancel this Agreement for any reason at any time by submitting a written request to FreeFiltering bearing the date, my printed name, my email address on file with the Company, and original signature to: FreeFiltering LLC, 225 Parkway 575, #322 Woodstock, GA 30188, or by emailing a scanned copy to: support (a) freefiltering.org Cancelling this Evangelist agreement will not automatically cancel my User account on the Web Site; it will only make me ineligible to earn commissions as an Evangelist.
- This Agreement shall be deemed accepted by FreeFiltering upon my registering a User account on the Web Site.
- Except as outlined in the Statement of Policies, to the extent permitted by applicable law, all claims or disputes of any nature between one or more current or former Evangelists and FreeFiltering (or its officers, shareholders, or employees), if not resolved by mutual agreement, shall be resolved by binding arbitration. FREEFILTERING AND I AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FREEFILTERING AND I ALSO AGREE THAT, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS SUBJECT TO BINDING ARBITRATION. All arbitration hearings shall take place in the State of Georgia in the United States of America (U.S.A.). This Agreement shall be governed by the laws of the State of Georgia and the Federal Arbitration Act (“FAA”). If any conflict exists between Georgia law and the FAA, the FAA will govern. This arbitration provision, in whole or in part, shall survive termination, cancellation, or suspension of this Agreement or any portion of this paragraph.
- For all disputes not submitted to binding arbitration, the parties agree that all such claims or disputes shall be brought and maintained in courts in Cherokee County, Georgia, U.S.A., or in the U.S. Northern District of Georgia. To the extent permitted by law, the prevailing party in any proceeding (whether in arbitration or court proceedings) shall be entitled to an award of attorneys’ fees and costs. If this Agreement is altered in any way it will not be deemed accepted by FreeFiltering except in its original unaltered form, regardless of passage of time or payment of commissions by FreeFiltering. If this Agreement is altered in any way, FreeFiltering may, in its sole discretion, deem this agreement to be void ab initio and require that I repay all commissions and bonuses paid to me.
- I consent to FreeFiltering using and publishing online and in print, audio, and video my name, photograph, city and state of residence, compensation paid to me, recognition or awards received by me, and other information that FreeFiltering customarily publishes about Evangelists.
- I may not assign my rights or delegate my duties under this Agreement to any person or entity without the express written consent of FreeFiltering. I agree to indemnify, defend, and hold harmless FreeFiltering and its affiliates, shareholders, officers, directors, and employees from and against any and all claims or liabilities arising from the operation or promotion of my FreeFiltering business. FREEFILTERING SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES FOR ANY REASON WHATSOEVER. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL OF MY CHOICE.
- Our compensation plan is designed to reward Evangelists with greater rewards for producing greater levels of sales.
- As your sales volume increases, you are rewarded by:
- earning a higher % on your personal sales (Level 1), and
- qualifying to earn commissions on additional levels in your organization.
- The rank at which a commission is to be paid is calculated immediately at the moment of sale by looking back at your Personal Sales and Group Sales for the past 30 days.
- Both Monthly Subscriptions and Expert Setup sales count toward the total sales required for Rank advancement.
- Rank requirements for Personal Sales are calculated by taking the total of all sales to your personally referred customers (Level 1 customers) in the past 30 days.
- Rank requirements for Group Sales are calculated by taking the total of all sales to any customer in your organization (Levels 1-7) in the past 30 days.
- It is possible to meet the Group Sales requirement entirely by your own efforts with sales to your personally referred customers (Level 1 customers). However, sales occurring anywhere in Levels 1-7 also count toward this requirement.
- All commissions are held for at least 30 days after the sale before being approved for payout.
- Commissions for an Expert Setup included with the purchase of a Patron membership will be held for 120 days before being approved for payout.
|Commission Schedule for Expert Setup|
|Rank:||10% Personal (2 Levels)||12% Personal (2 Levels)||14% Personal (3 Levels)||16% Personal (4 Levels)||18% Personal (5 Levels)||20% Personal (6 Levels)||22% Personal (7 Levels)|
|Personal Sales on Level 1, in Past 30 Days to Maintain this Rank:||$0||$200||$300||$400||$500||$600||$700|
|Group Sales on Levels 1-7, in Past 30 Days to Maintain this Rank:||$0||$400||$600||$800||$1,000||$1,200||$1,400|
* There are no sales or rank requirements for earning commissions on “Expert Setup” sales.
|Commission Schedule for Monthly Subscriptions|
|Rank:||10% Personal (2 Levels)||12% Personal (2 Levels)||14% Personal (3 Levels)||16% Personal (4 Levels)||18% Personal (5 Levels)||20% Personal (6 Levels)||22% Personal (7 Levels)|
|Personal Sales on Level 1, in Past 30 Days to Maintain this Rank:||$0||$200||$300||$400||$500||$600||$700|
|Group Sales on Levels 1-7, in Past 30 Days to Maintain this Rank:||$0||$400||$600||$800||$1,000||$1,200||$1,400|
Statement of Policies
Capitalized terms used in the Statement of Policies have the meanings set forth in the Definitions of Terms.
1. Becoming a Customer To become a Customer, a person must:
(a) register for a Website User Account on the Website; and
(b) purchase a FreeFiltering service or complete a required action with a FreeFiltering Sponsor. Customers are not authorized to market FreeFiltering services or products unless they have agreed to the terms of the Independent Evangelist Agreement.
2. Becoming an Independent Evangelist To become an Independent Evangelist, a person must first agree to the terms of the Independent Evangelist Agreement by the action of registering a Website User Account on the Website. Any Website User who registers for an account on the Website agrees to become an Independent Evangelist. Once these steps are completed the applicant is authorized to market and resell FreeFiltering services & products and to enroll Customers and Independent Evangelists. However, an applicant does not become an Independent Evangelist, until: (i) the applicant has agreed to the Independent Evangelist Agreement by the action of registering for a Website account; (ii) the applicant has a Customer or Independent Evangelist in his/her Marketing Organization; and (iii) the applicant receives his/her first commission payment.
3. Individuals, Corporations, Tax Exempt Entities and Trusts FreeFiltering will only consider for acceptance as Independent Evangelists individuals or entities that fall into one of the following categories: (a) Individuals who are of the legal age. (b) Married Couples of which at least one is of legal age. (c) Corporations in good standing in the state, province, or country of their incorporation which have as their sole shareholder(s), director(s) and officer(s) either one unmarried individual or a Married Couple. (d) Tax exempt entities which are registered and approved as tax exempt institutions under Section 501(c)(3) of the United States Internal Revenue Code or under Section 248(1) of the Income Tax Act of Canada. (e) Trusts established in accordance with FreeFiltering guidelines. (f) Charitable giving corporations established in accordance with FreeFiltering guidelines.
4. Customer Numbers Customers and Independent Evangelists may not use or submit to FreeFiltering any Social Security Number, Social Insurance Number, portion of Social Insurance Number, Tax Revenue Number, Taxpayer Identification Number or Corporate Account Number other than the actual number assigned to the Customer or Independent Evangelist by the proper governmental authority.
5. Proper Completion of Documents All agreements must be agreed to initially by the action of registering for a Website User Account on the Website. No copies or alterations of the agreements will be accepted. If any agreement is altered in any way the agreement will not be deemed accepted by FreeFiltering except in its original unaltered form at the time of the applicant’s registration on the Website, regardless of passage of time or payment of commissions by FreeFiltering.
6. Ordering Orders must be paid by Visa, MasterCard, Discover (U.S. only), American Express, electronic check, or cryptocurrencies approved for acceptance at the time payments are initiated. When paying with a credit card, the card number and expiration date must be included. Customers and Independent Evangelists will be charged $15US for electronic checks returned for insufficient funds. Orders for Expert Setup will gain access to an online calendar whereby they may schedule a time for the Expert to remotely connect to their electronic device to facilitate the setup of filtering on their wi-fi router. Premium services are delivered immediately upon receipt of initial subscription payment.
7. Customer Satisfaction Guarantee If for any reason a Customer is not completely satisfied with a service purchased by such Customer from FreeFiltering, the Customer may request a refund within 30 days of their payment being received and FreeFiltering will refund the total purchase price to the original method of payment used, unless:
(a) that method of payment is unavailable, in which case a refund will be issues to the customer using one of the popular online person-to-person payment facilitators, or
(b) the payment method used was a cryptocurrency. Any refund for a purchase made with cryptocurrency will be issued in the local fiat currency, based on the original fiat currency value of the purchase, using one of the popular online person-to-person payment facilitators.
Refunds for charges incurred under our Premium or Patron recurring subscription plans will only be issued if requested within 30 days of the most recently charged transaction. Refunds will not be issued for any charge that is older than 30 days. Any refund issued will be pro-rated based on the date of the request. (Example: John became a Patron member on January 1st, 2020, setting up a monthly recurring charge for $100 to be charged on the 1st of every month, beginning on January 1st, 2020. On July 15, he requests a refund for all of his Patron charges, dating back to January 1st, 2020. In this case, under our policy, John will not receive a refund for $600 in charges incurred from January 1st through June 1st, since only charges from the most recent subscription payment are eligible for refund. In this case, since John requested a refund half-way through the month of July, he will receive a pro-rated refund of $50 from the $100 charge incurred on July 1st.)
8. Returns and Commission Adjustments Previously paid commissions will be deducted from the Independent Evangelist’s future commissions for any previously-earned commission on a service or product which was refunded by FreeFiltering. FreeFiltering reserves the right to refund transactions older than 30 days at its sole discretion, but is under no obligation to do so, pursuant to the terms above. Therefore, it is possible that commissions older than 30 days may be deducted from Evangelists’s future commissions. Independent Evangelists receive commissions based on actual sales of services and products to End Consumers. When a refund is issued by FreeFiltering, the commissions attributable to that service or product will be deducted from the future commissions of the Customer’s Support Team. FreeFiltering reserves the right to terminate the Independent Evangelist Agreement or cancel the Website User Account of any Independent Evangelist or Customer who abuses the FreeFiltering Satisfaction Guarantee and Return Policy by excessively requesting refunds for services or products.
9. Election to Cancel Agreements An Independent Evangelist may cancel his/her Independent Evangelist Agreement, and a Customer may cancel his/her Website User Account, for any reason at any time by sending a written notice to FreeFiltering bearing the date, his/her printed name, email address on file with FreeFiltering, and original signature. If an individual or entity is both a Website User/Customer and an Independent Evangelist, the notice should specify which agreement(s) should be canceled. Written cancellations received by FreeFiltering will be effective on the date the notice is received and processed. Cancellation notices must be mailed to: FreeFiltering LLC, 225 Parkway 575, #322 Woodstock, GA 30188 or emailed to support (a) freefiltering.org.
10. Cancellation Refund Policy FreeFiltering will charge back all commissions and bonuses paid by FreeFiltering relating to purchases of services or products for which refunds are given.
11. Errors or Questions Independent Evangelists should notify FreeFiltering immediately of any errors or questions about commissions, bonuses, Business Reports, orders or charges. FreeFiltering will correct any errors reported to it within 60 days of the original purchase, but FreeFiltering will not be responsible for any errors, omissions or problems not reported within 60 days of original purchase.
12. Joint Ownership of a Business Independent FreeFiltering Businesses may only be owned by an individual or a Married Couple, or by corporations, tax exempt entities or trusts that comply with FreeFiltering guidelines. If a couple who jointly own an Independent FreeFiltering Business divorce, they may apply to have the Independent FreeFiltering Business transferred to one of them as the sole owner. The divorced couple must submit to FreeFiltering a written request specifying to which person the Independent FreeFiltering Business will be transferred. The request must either contain the notarized signature of both parties or contain the notarized signature of at least one party and include a certified copy of the court approved divorce decree or property settlement that designates to which party the Independent FreeFiltering Business should be transferred. FreeFiltering is not bound by any such request or court decree and retains the right to approve or disapprove of such transfer request at its sole discretion. If the transfer is approved, the person to whom the Independent FreeFiltering Business is being transferred must sign and submit to FreeFiltering a new Independent Evangelist Agreement.
13. One Business per Person or Couple An Independent Evangelist may not own, operate or have a financial interest in more than one Independent FreeFiltering Business without FreeFiltering’s express written approval. With regard to Married Couples, both persons will be treated as a single Independent Evangelist for purposes of FreeFiltering’s policies. Therefore, for example, if one person owns an Independent FreeFiltering Business, the other person may not own, operate or have a financial interest in a separate Independent FreeFiltering Business. Additionally, if the couple jointly owns an Independent FreeFiltering Business, neither person may own, operate or have a financial interest in a separate Independent FreeFiltering Business. However, if two people who own separate Independent FreeFiltering Businesses marry, they may each retain ownership of their businesses.
14. Conduct of Household Members If any member of the Independent Evangelist’s Immediate Household engages in any activity which, if performed by the Independent Evangelist, would violate any FreeFiltering policy or any provision of the Independent Evangelist Agreement, such activity will be deemed a violation by the Independent Evangelist.
15. Inheritance of Business An Independent FreeFiltering Business may be inherited by a single person, a Married Couple or a trust which complies with FreeFiltering’s guidelines, pursuant to a valid will or other appropriate document, or in accordance with the intestacy laws of the state, province, or country in which the Independent Evangelist resides. A person who inherits an Independent FreeFiltering Business must furnish FreeFiltering with proper documentation that he/she is the beneficiary and is authorized to represent the estate. He/she must open a Website User Account, digitally sign an Independent Evangelist Agreement, fulfill all of the functions of an Independent Evangelist, and abide by the terms of FreeFiltering’s Statement of Policies
16. Sale or Transfer of Business Before an Independent Evangelist can sell or transfer his/her Independent FreeFiltering Business (except for transfers by inheritance pursuant to policy above) all of the following requirements must be met:
(a) The transfer must be approved in writing by FreeFiltering as being in the best interest of all parties involved, including the transferor, the transferee, FreeFiltering and the members of the Marketing Organization of the transferor.
(b) The transfer must not constitute the purchase of status, position, or rank by the transferee. The Independent Evangelist’s actual status must equal the potential status which the Independent Evangelist could attain based on his/her Organization Sales Volume at the time of the transfer and for a reasonable period prior to the transfer, and the transferor Independent Evangelist must have been the actual Enroller of all Personal Enrollees and must have been actively involved in working with his/her Personal Enrollees. Independent Evangelists may not contract or agree with or allow another person to work their Independent FreeFiltering Business to bring it up to its potential status or offer to sell their business to another person on the condition that such person bring the business up to its potential status.
(c) Completed original signed and notarized Organization Sale Request and Organization Purchase Request forms must be submitted to and accepted by FreeFiltering.
(d) The transferee of the business must have completed and submitted to FreeFiltering an Independent Evangelist Agreement.
(e) The transferee of the business has undergone, or will agree to undergo, such training and orientation as FreeFiltering may require commensurate with the size of the business being purchased.
(f) The transferor Independent Evangelist and the Independent FreeFiltering Business must have been in compliance with all of FreeFiltering’s policies and the terms of the Independent Evangelist Agreement for the entire twelve month period preceding the transfer including the month in which the transfer occurs.
17. Transfer from Original Organization Independent Evangelists and Customers may transfer from one FreeFiltering organization to another only upon fulfillment of all of the following requirements:
(a) The Independent Evangelist or Customer seeking the organization change has submitted an Organization Change form with the original signatures of the Support Team Independent Evangelists in the immediate seven generations above the Independent Evangelist or Customer who have, in the previous 90 days, referred at least 20 new customer registrations who subsequently made a purchase;
(b) an Independent Evangelist seeking the organization change has no more than 10 subscribing Customers in his/her existing Marketing Organization and will have no more than 10 subscribing Customers in the Marketing Organization into which he/she is seeking to be moved;
(c) The Independent Evangelist or Customer seeking the organization change has paid to FreeFiltering the applicable fee charged by FreeFiltering for organization changes; (d) FreeFiltering has approved the change in writing, which approval FreeFiltering may withhold in its sole discretion.
18. Non-Solicitation and Conflicts of Interest Independent Evangelists are independent contractors and may be active in other business ventures while they are Independent Evangelists for FreeFiltering. However, to qualify for compensation under FreeFiltering’s Compensation Plan, Independent Evangelists have the ongoing responsibility to service, supervise, motivate, train and assist the Independent Evangelists in their Marketing Organizations. They also have the responsibility to promote FreeFiltering services, products, and the FreeFiltering income opportunity. FreeFiltering and its Independent Evangelists have made a great investment in the establishment of organizations consisting of Customers and Independent Evangelists. This constitutes one of FreeFiltering’s most valuable assets. FreeFiltering reserves the right to cease paying compensation to any Independent Evangelist who recruits any FreeFiltering Customer or Independent Evangelist to participate in another business venture. In order to protect the efforts of all Independent Evangelists in building and maintaining their individual Marketing Organizations and Customer bases, and in order to protect FreeFiltering’s interest in the overall Customer base, Independent Evangelists and all members of their Immediate Household are required to abide by the following policies:
(a) Non-Solicitation of FreeFiltering Customers and Independent Evangelists:
(i) During the period that their Independent Evangelist Agreements are in force Independent Evangelists and all members of their Immediate Household are prohibited from directly, indirectly or through a third party recruiting any FreeFiltering Customers or Independent Evangelists to participate in any other business venture.
(ii) For a period of twelve months after cancellation or termination for any reason of an Independent Evangelist’s Independent Evangelist Agreement, the Independent Evangelist and all members of his or her Immediate Household are prohibited from directly, indirectly or through a third party recruiting to participate in any other business venture any FreeFiltering Customers or Independent Evangelists:
(1) who were in the Independent Evangelist’s Marketing Organization or Support Team at any time during the term of his or her association with FreeFiltering;
(2) with whom the Independent Evangelist had contact during the term of his or her association with FreeFiltering;
(3) whose contact information (name, address, phone number or email address, etc.) the Independent Evangelist or members of his or her Immediate Household has obtained at any time during the term of his or her association with FreeFiltering; or
(4) whose contact information (name, address, phone number or email address, etc.) the Independent Evangelist or members of his or her Immediate Household obtained at any time from another person who obtained the information because of any other person’s association with FreeFiltering. The prohibitions under clauses (a)(i) and (a)(ii) above include but are not limited to, presenting or assisting in the presentation of other business ventures to any FreeFiltering Customer or Independent Evangelist or implicitly or explicitly encouraging any FreeFiltering Customer or Independent Evangelist to join any other business ventures. It is a violation of this policy to recruit a FreeFiltering Customer or Independent Evangelist to participate in another business venture even if the Independent Evangelist does not know that the prospect is also a FreeFiltering Customer or Independent Evangelist. It is the Independent Evangelist’s responsibility to first determine whether the prospect is a FreeFiltering Customer or Independent Evangelist before recruiting the prospect to participate in another business venture. (Please refer specifically to the definition of “recruit” in the Definitions of Terms at the end of these Policies.)
(b) During the period that their Independent Evangelist Agreements are in force, and for a period of twelve months after the cancellation or termination thereof for any reason, Independent Evangelists and all members of their Immediate Household are further prohibited from the following:
(i) Producing any literature, tapes or promotional material of any nature (including but not limited to websites and emails) which is used by the Independent Evangelist or any third person to recruit FreeFiltering Customers or Independent Evangelists to participate in another business venture;
(ii) Selling, offering to sell, or promoting any competing products or services to FreeFiltering Customers;
(iii) Offering any non-FreeFiltering services, products or business ventures in conjunction with the offering of FreeFiltering services, products or income opportunity at any FreeFiltering meeting, seminar, launch, convention, or other FreeFiltering function.
(c) (i) Violation of any provision of this Policy 18 constitutes an Independent
Evangelist’s voluntary resignation and cancellation of his/her Independent Evangelist Agreement, effective as of the date of the violation, and the forfeiture by the Independent Evangelist of all commissions or bonuses payable for and after the calendar month in which the violation occurred.
(ii) If FreeFiltering pays any bonuses or commissions to the Independent Evangelist after the date of the violation, all bonuses and commissions for and after the calendar month in which the violation occurred shall be refunded to FreeFiltering.
(iii) FreeFiltering may seek and obtain from the violating Independent Evangelist both injunctive relief and damages for violations of this Policy 18. FreeFiltering, may, at its option, elect to enforce this Policy by lawsuit in a court of competent jurisdiction in Georgia rather than by arbitration.
(iv) In addition to being entitled to a refund of bonuses and commissions and to damages as described above, in the event a person or entity violates this Policy 18, FreeFiltering and any Independent Evangelist that experiences an adverse financial impact as a result of such person’s or entity’s violation of this Policy 18 shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations or other benefits which the person or entity directly or indirectly receives and/or may receive as a result of, growing out of, or in connection with any violation of this Policy. Such remedy shall be in addition to and not in limitation of any damages, or injunctive relief or other rights or remedies to which FreeFiltering is or may be entitled at law or in equity.
(d) Violations of this Policy 18 are especially detrimental to the growth and sales of other Independent Evangelists’ Independent FreeFiltering Businesses and to FreeFiltering’s business. Consequently, Independent Evangelists who have knowledge that any Independent Evangelist has violated this Policy must immediately report that information to FreeFiltering’s Policy Administration Department. The failure of an Independent Evangelist to report such information to FreeFiltering will also constitute a violation of this Policy. The names of those reporting violations of this Policy 18 will be held in confidence.
19. Proprietary Information and Trade Secrets By executing the Independent Evangelist Agreement, the Independent Evangelist acknowledges that all information which is contained in the Independent Evangelist’s Online Business Report, including names, addresses and telephone numbers of Independent Evangelists and Customers, and all identifying information relating to other Independent Evangelists or customers that the Independent Evangelist became aware of while conducting FreeFiltering business in any way or while attending FreeFiltering related events, is FreeFiltering’s proprietary trade secret information. The Independent Evangelist agrees not to disclose such information to any third party (except to existing or prospective FreeFiltering Independent Evangelists or Customers for the purpose of promoting FreeFiltering services, products and business opportunity) or to utilize such information for the purpose of promoting any other business opportunity at any time, whether during the term of his/her association with FreeFiltering or thereafter. The Independent Evangelist acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to FreeFiltering and to Independent FreeFiltering Businesses. FreeFiltering and its Independent Evangelists will be entitled to injunctive relief to prevent violation of this policy. If litigation or arbitration is required to obtain injunctive relief or to recover damages, the prevailing party shall be entitled to an award of attorney’s fees and expenses.
20. Inducements to Enroll The Enroller and any other Independent Evangelists involved in the recruiting and enrollment process may use only FreeFiltering’s services, products and its compensation plan and their personal commitment to help the new Independent Evangelist build his or her business as an inducement to enroll. Independent Evangelists may not enter into special deals with an Enrollee, including, but not limited to, promises of the payment of money or roll ups.
21. Supervisory and Leadership Functions Independent Evangelists’ compensation is based on sales of services & products to the End Consumer. To qualify for this compensation Independent Evangelists have the ongoing responsibility to promote the FreeFiltering business opportunity, to support FreeFiltering’s policies, programs and personnel, and to service, supervise, motivate and train the Independent Evangelists in their Marketing Organization to sell and market FreeFiltering services & products and promote the FreeFiltering business opportunity. Any effort by an Independent Evangelist to convince or entice any Customer or Independent Evangelist to discontinue or diminish purchasing FreeFiltering services or products, to move from one FreeFiltering Marketing Organization to another, to discontinue or diminish efforts to promote the FreeFiltering business opportunity, or to promote or pursue another direct selling opportunity, or to disparage FreeFiltering, or its services, products, marketing plan, management team or other personnel is a violation of the Independent Evangelist’s leadership responsibility and a violation of this policy.
22. Excess Inventory Purchases Prohibited The FreeFiltering marketing program is built upon sales to the End Consumer. Services or products representing at least 70% of an Independent Evangelist’s monthly Organization Sales Volume must be sold to End Consumers each month. Any device or scheme whereby an Independent Evangelist directly or through a third party purchases excess services or products solely for purposes of qualifying for bonuses or commissions constitutes fraud on the part of the Independent Evangelist.
23. Selling Publicly FreeFiltering is in strong support of home-based businesses and personal presentations. Any display of FreeFiltering services or products to the public must be tasteful and professional in the sole judgement of FreeFitlering.
24. Media Inquiries It is FreeFiltering’s policy to have a single spokesperson handle all inquiries from the media and all media relations. Therefore, Independent Evangelists may not, for any reason, discuss their Independent FreeFiltering Business with the media, nor act as spokespersons for FreeFiltering nor talk to the media regarding FreeFiltering, its Compensation Plan, or its services or products. It is a violation of this policy to provide any information to the media, regardless of whether the information is positive or negative, accurate or inaccurate. All inquiries from the media (whether radio, television or print) must be referred to FreeFiltering.
25. Commission Payments & Business Reports Commissions are generally paid by FreeFiltering to Independent Evangelists on or about the 1st day of each month for commissions and bonuses already approved for payout on your Business Report. When the 1st day of the month falls on a weekend or holiday, payouts will generally be issues on the next business day. Each Independent Evangelist will have access to an online Business Report showing the status of each Customer and Independent Evangelist in his/her Marketing Organization. The Business Report will show the calculation of the Independent Evangelist’s commission and bonus. Independent Evangelists should use their Business Report as a tool to manage, supervise and train the members of their Marketing Organizations. The information contained in Business Reports is FreeFiltering’s proprietary trade secret information, and Independent Evangelists are prohibited from disseminating the information contained therein. See Policy 18 for further detail regarding Independent Evangelists’ obligations with respect to such proprietary trade secret information. In any month in which an Independent Evangelist’s account meets the minimum commission payout threshold, a data processing fee of $7 will be deducted from the commission payment for generating and maintaining computerized Business Reports and processing payments. Commission payments which are returned as unpayable and not successfully paid within 180 days after the payment was first attempted will not be honored and the amount of the payment, less a processing fee of $13.00US and a bank cancellation/stop payment fee of $15.00US, will be credited to the Independent Evangelist’s account, with it being the responsibility of the Independent Evangelist to make a written request for a paper check to be issued by postal mail. If an Independent Evangelist’s account is inactive and it is necessary to notify the Independent Evangelist of the credit on account, a service charge of $15.00US will be deducted from the account for each notice sent.
26. Restrictions on International Marketing (United States) Independent Evangelists enrolled in the United States are authorized to sell FreeFiltering services & products and to enroll Customers and Independent Evangelists in the United States. In all other countries in which FreeFiltering or its affiliates are authorized to conduct business, Independent Evangelists may only enroll Customers and Independent Evangelists pursuant to FreeFiltering’s International Sponsorship Program. Independent Evangelists and Customers may not sell FreeFiltering services or products across any international border. Independent Evangelists and Customers may not sell, give, transfer, import, export or distribute FreeFiltering services, products, or sales aids in any country, other than the United States.
27. Trademark, Service Mark and Trade Name Restrictions Customers and Independent Evangelists may not use, reproduce or disseminate the FreeFiltering trade name or logo or any FreeFiltering trademark or service mark except in the use and dissemination of literature or marketing collateral published and made available by FreeFiltering on the “Refer & Earn” section of the Website or on printed collateral produced and authorized by FreeFiltering. This includes, but is not limited to, the term “FreeFiltering,” the cross on shield logo, and all marks or slogans designating products or services offered by FreeFiltering.
28. Rules regarding Advertising, Internet Usage and Sale of Materials
(a) Independent Evangelists may not:
(i) create, publish, sell, use, display or distribute any literature, audio or video recording, Internet web site, telephone ad message, Internet bulletin board message, mass or bulk email message (including auto-response messages), infomercial or other print, audio, visual, electronic media or social networking sites which represents FreeFiltering, its products, services, Compensation Plan or business opportunity other than as specifically permitted pursuant to this Policy and FreeFiltering’s Guidelines on Internet Usage or that which is produced and provided by FreeFiltering;
(ii) copy or reproduce any materials produced by FreeFiltering except as specifically permitted pursuant to this policy;
(iii) use the FreeFiltering name or logo or the name or logo of any of FreeFiltering’s products or services in any notice, display, advertisement or promotion, including, but not limited to, newspaper, magazine, radio, television or Internet or email advertisements, or telephone, Internet or other directories (except an Independent Evangelist may have a directory listing in the following format: “FreeFiltering Independent Evangelist—[name of Independent Evangelist]”);
(iv) display, advertise or promote FreeFiltering’s services, services or business opportunity at conventions, county fairs, craft fairs, business fairs, trade shows, flea markets or any similar event, including the use of booths, without the express prior written approval of FreeFiltering;
(v) charge for FreeFiltering-related meetings performed or arranged by an Independent Evangelist except to the extent necessary to cover the actual out-of-pocket expenses incurred.
(b) Independent Evangelists may use websites and email messages only in accordance with FreeFiltering’s Guidelines on Internet Usage as the same are published on FreeFiltering’s website, and which may be revised and modified from time to time at FreeFiltering’s sole discretion. FreeFiltering will take reasonable measures to publish notice of any changes to the guidelines on its website, however it is the Independent Evangelists’ responsibility to review these guidelines periodically to be informed of and comply with any changes.
(c) FreeFiltering will have the right, in its absolute discretion, to require that any FreeFiltering related website be taken down and that any FreeFiltering related email message be discontinued. An Independent Evangelist’s failure to comply with any provision of this policy may result in forfeiture of commissions and bonuses, fines, and/or in termination of the Independent Evangelist’s Independent Evangelist Agreement.
29. Income Claims Independent Evangelists are prohibited from making false, misleading or inaccurate claims about their or other persons’ compensation received under the FreeFiltering Compensation Plan.
30. Service/Product Claims and Warranties Independent Evangelists may not make any service/product claims, or service/product warranties other than those published in Official FreeFiltering Material. Independent Evangelists shall not publish or distribute information relating to uses of FreeFiltering services or products, other than those which are set forth in Official FreeFiltering Material. Independent Evangelists may not utilize Official FreeFiltering Material which is approved for use in one country to make service/product claims or promote FreeFiltering service/products in another country.
31. Ethical Sales Practices
Independent Evangelists shall:
- Conduct themselves in a professional, courteous and considerate manner;
- Represent FreeFiltering services & products in a sincere and honest manner and will honor FreeFiltering’s Customer Satisfaction Guarantee;
- Represent the FreeFiltering Compensation Plan only as prescribed by Official FreeFiltering Material;
- Become familiar with and utilize sales techniques, FreeFiltering’s Compensation Plan and Statement of Policies, and other materials as prescribed by FreeFiltering;
- Present the FreeFiltering business opportunity in a manner which is consistent with Official FreeFiltering Material; and
- Provide training, motivation and support to Independent Evangelists in their organization
Independent Evangelists shall not:
- Engage in any deceptive, unlawful, or unethical business or recruiting practice;
- Engage in any high pressure selling or recruiting practices;
- Enroll minors or persons who are not capable of making an informed decision with respect to registering for a Website User Account or entering into an Independent Evangelist Agreement;
- Order FreeFiltering services or products for other Customers or Independent Evangelists without the express permission of such persons; or
- Seek in any way to violate or circumvent FreeFiltering’s policies
32. Promotion/Demotion Due to Sales Volume It is the Independent Evangelist’s responsibility to lead his/her Marketing Organization with the proper example by meeting Personal & Groups Sales Volume requirements. Therefore, Independent Evangelists who produce less than the minimum Personal or Group Sales Volume required to maintain their current Commission Rate during any rolling 30-day period, as set forth in the Compensation Plan, will not receive the commissions attributable to such status for the sales generated through their Marketing Organization going forward. The Independent Evangelist’s rank is automatically calculated at the time of any sale, by looking back at the previous 30 days of sales volume.
33. Titles Not Forfeited An Independent Evangelist can lose his/her rank-payable status and therefore the right to participate in the corresponding commission and bonus if he/she no longer qualifies for the commission or bonus pertaining to such status. However, as long as an Independent Evangelist remains active, he/she will not forfeit the title of the highest status he/she has achieved.
34. Obligations of Independent Contractors As an independent contractor, it is an Independent Evangelist’s responsibility to:
(a) Abide by any and all federal, state, provincial, county and local laws, rules and regulations pertaining to the acquisition, receipt, holding, selling, distributing or advertising of FreeFiltering services and products and the promotion of the FreeFiltering business opportunity;
(b) At the Independent Evangelist’s own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to his/her Independent FreeFiltering Business and/or the receipt, holding, selling, distributing or promoting of FreeFiltering products;
(c) Be solely responsible for declaration and payment of all local, state, provincial, federal and general sales taxes and fees as may accrue because of the Independent Evangelist’s activities in conjunction with his/her Independent FreeFiltering Business;
(d) Supply all of his/her own equipment and tools for operating his/her business, such as telephone, transportation, professional services, office equipment, and office supplies; and
(e) Provide his/her own place of business and determine his/her own work hours.
35. Independent Evangelists Are Not Corporate Representatives Independent Evangelists are not corporate representatives of FreeFiltering and are not authorized to incur any debt, expense or obligation on behalf of or for FreeFiltering, nor bind FreeFiltering to any agreement or contract.
(a) issuance of a written warning or admonition;
(b) imposition of a fine, which may be imposed immediately or withheld from future commission and/or bonus checks;
(c) reassignment of all or part of his/her Marketing Organization;
(d) suspension of his/her Independent Evangelist Agreement for one or more months; (e) cancellation of his or her Independent Evangelist Agreement; or
FreeFiltering has the right to withhold from an Independent Evangelist all bonuses and commissions during the period that FreeFiltering is investigating the alleged violative conduct of the Independent Evangelist. If an Independent Evangelist’s Independent Evangelist Agreement is canceled due to a violation preceding the investigation, the Independent Evangelist will not be entitled to any commissions or bonuses withheld by FreeFiltering during the investigation period.
37. Forfeiture of Rights to Bonuses and Commissions So long as an Independent Evangelist is complying with all policies and terms of the Independent Evangelist Agreement and any other agreements between FreeFiltering and the Independent Evangelist, FreeFiltering is obligated to pay commissions and bonuses to such Independent Evangelist in accordance with the Compensation Plan. An Independent Evangelist’s commissions and bonuses constitute the entire consideration for all of the Independent Evangelist’s efforts in generating sales, and the Independent Evangelist’s right to receive commissions and bonuses from FreeFiltering constitutes the entire value attributable to the Independent Evangelist’s Marketing Organization. Following an Independent Evangelist’s resignation, cancellation for inactivity, or voluntary or involuntary cancellation of his/her Independent Evangelist Agreement, such former Independent Evangelist shall have no right, title, claim or interest to the Marketing Organization. The former Independent Evangelist shall have no claim for compensation for the Marketing Organization or for bonuses or commissions stemming from sales generated within or by the Marketing Organization. Following voluntary or involuntary cancellation of his/her Independent Evangelist Agreement, the former Independent Evangelist shall not hold himself/herself out as a FreeFiltering Independent Evangelist and shall not have the right to sell FreeFiltering services or products.
38. Amendments to Compensation Plan, Statement of Policies, and/or Independent Evangelist Agreement Upon notification to Independent Evangelists, FreeFiltering may, at its sole discretion, amend the Compensation Plan, Statement of Policies, Definitions of Terms and/ or the terms of the Independent Evangelist Agreement and any other agreements entered into by and between FreeFiltering and the Independent Evangelists. By initially entering into the Independent Evangelist Agreement, Independent Evangelists agree to abide by any such amendments. The continuation of an Independent FreeFiltering Business or an Independent Evangelist’s acceptance of commissions and/or bonuses from FreeFiltering constitutes his/her acceptance of any such amendments. Independent Evangelists will be bound by the most current versions of the Compensation Plan, the Statement of Policies, the Definitions of Terms, the Independent Evangelist Agreement and any other agreements entered into by and between FreeFiltering and the Independent Evangelists.
Definition of Terms
The following terms will have the meanings set forth herein when used in FreeFiltering’s Statement of Policies, Compensation Plan and/ or Independent Evangelist Agreement and other official FreeFiltering material.
Business Reports: Reports produced by FreeFiltering’s systems on a regular basis and provided to Independent Evangelists which contain information relating to the activity of the Independent Evangelist’s Marketing Organization. The Business Reports contain trade secret information that is proprietary to FreeFiltering.
Commission Rate: The rank and associated rate of commission at which an Independent Evangelist will be paid for the current sale, based on the previous 30 days’ Personal and Group Sales Volumes. This rate is calculated each time a sale occurs.
Compensation Plan: The plan offered by FreeFiltering that sets forth the compensation provided to Independent Evangelists for the continuing building, promoting, training, motivation, servicing and development of their Independent FreeFiltering Businesses.
Customer: A person who, at any time, has registered a Website User Account on the Website and subsequently:
- purchased a service or product provided by FreeFiltering, or
- done business with another Company who sponsors FreeFiltering
Customer Number: A unique number assigned by FreeFiltering to each Customer to facilitate internal record keeping by FreeFiltering with respect to the Customer.
Electronic Checking: A payment method by which a Customer authorizes FreeFiltering to deduct payment for orders directly from his/her checking account.
End Consumer: A person who purchases services or products from FreeFiltering or its sponsors for the purpose of using & consuming them rather than for resale to someone else.
Enroll: To enlist, sponsor or sign up an individual or entity into a program or organization.
Enrollee: A Customer or Independent Evangelist.
Enroller: The Independent Evangelist who is listed on the Website User Account as the person who referred you to FreeFiltering. The Enroller must be the person who introduced the new Customer to FreeFiltering and helped him/her become a Customer.
FreeFiltering International Sponsorship Program: The program offered by FreeFiltering with regard to sponsorship by Independent Evangelists in one country of Customers and Independent Evangelists in foreign countries where FreeFiltering is authorized to do business.
Immediate Household: Married Couples and persons residing in the same home, and with respect to Independent Evangelists and Customers which are entities (e.g., corporations, tax exempt entities, trusts, etc.) rather than individuals, Immediate Household means the shareholders, owners, directors, officers, trustees, responsible parties, etc. of such entities and persons married to or residing in the same home with the persons who are the shareholders, owners, directors, officers, trustees, responsible parties, etc. of such entities.
Independent Evangelist Agreement: The agreement which the Website User accepts by the act of creating a Website User Account which lays out the rules for how the Independent Evangelist program functions.
Independent FreeFiltering Business: The business organization from which the Independent Evangelist is entitled to receive commissions – consisting of the Independent Evangelist and those persons and entities that purchase services and products from FreeFiltering and its Sponsors.
Independent Evangelist: A person who has agreed to the terms of the Independent Evangelist Agreement, has at least one Customer, and has received his/her first commission payment.
Marketing Organization: The Customers and Independent Evangelists who comprise the group of individuals or entities from which the Independent Evangelist is entitled to receive commissions based upon the collective sales volume of the group and the Commission Status of the Independent Evangelist pursuant to the Plan of Compensation.
Married Couples: A man and woman united in the mystery of marriage as defined by nearly two millennia of Christian Tradition based upon the authority of Jesus Christ and His Apostles. It will be left to the applicant’s own conscience to judge whether they meet this criteria.
Official FreeFiltering Material: Material in any form which is authorized, published, and disseminated by FreeFiltering. This includes, but is not limited to, printed material, audio and visual materials, satellite broadcasts, fax and electronic communications and Internet communications, such as pre-designed banners and digital ads.
Personal Enrollee: An Enroller’s Enrollee to whom the Enroller has personally introduced FreeFiltering and/or has played an active role in referring to FreeFiltering.
Personal Sales: Sales that an Independent Evangelist makes to a Customer they personally enrolled.
Recruit: 1) To attempt to enroll, enlist, or solicit an individual or entity to join a business, program or organization; or 2) to attempt to promote, influence or encourage an individual or entity to join a business, program or organization; or 3) to present, or participate or assist in the presentation of, a business, program, organization or its products. To constitute recruiting, such efforts or attempts may be performed either directly through personal contact or indirectly through a third party.
Statement of Policies: The policies published by FreeFiltering, as amended from time to time, which set forth, among other things, the requirements for operating an Independent FreeFiltering Business.
Status: The highest rank or leadership position ever achieved a FreeFiltering Independent Evangelist.
Support Team: The Independent Evangelists above an individual in a Marketing Organization who have the potential to receive commissions based upon the purchases of such individual.
Tax Exempt Entity Application and Agreement: The addendum to the Independent Evangelist Agreement which must be completed by tax exempt entities that are applying to become Independent Evangelists.