JUBIMAX, INC.
USA INDEPENDENT PROMOTER AGREEMENT
LOOK GOOD, FEEL GOOD, LIVE GOOD.
Electronic Signature
E-SIGN, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), requires that you consent to
entering into an electronic agreement with JubiMAX, Inc. before this JubiMAX, Inc. Promoter/Customer Agreement is executed.
Please read the following information carefully.
Should you enter into this online Promoter Agreement ("the Agreement") with JubiMAX, Inc., you will not be required to submit a
paper application. The entire agreement between you and JubiMAX, Inc. will be evidenced by an electronic record. To enter into the
Agreement, you must consent to the use of an electronic record and have read the JubiMAX, Inc. Purchase Agreement, Policies and
Procedures, Terms of Service, the JubiMAX, Inc. Compensation Plan and this Independent Promoter Agreement, and electronically
acknowledge that you have read these documents.
To access these documents and submit your online application, you will need the following hardware and software: A Personal
Computer ("PC") with modem or other Internet access device, operational Internet browser software (e.g., Netscape Communicator
or Internet Explorer), and Adobe Acrobat Reader. If you do not have Adobe Acrobat Reader, you may download it for free at:
http://www.adobe.com/products/acrobat/readstep2.html
You may withdraw your consent to the use of electronic records at any time. However, should you do so, the Agreement will be
automatically terminated and you will lose all rights to an organization (including but not limited to any property rights you may
have), and you will lose all rights to all remuneration under the JubiREV Compensation Plan. Should you wish to withdraw your
consent to the exclusive use of an electronic agreement (and thereby terminate your agreement with JubiMAX, Inc..), or update any
personal information, you may do so by sending an email to Billing @ JubiMAX.com or by sending written notice to: Promoter
Services, JubiMAX, Inc., Email: Billing @ JubiMAX.com
I (hereafter known as "Promoter"), hereby apply to become a Independent Promoter of the JubiMAX, Inc., (hereinafter
"Company") marketing program.
As an Independent Promoter, Promoter understands and agrees that:
Promoter Application Completion Process. A person may become a Promoter after reading the Contract, completing, signing
and returning a Promoter Application with 1) an original Promoter Application, or 2) completing an Online Electronic
Application, or 3) faxing a completed Promoter Application to Company Promoter Support; or 4) signing up with Company over
the telephone, followed by the submission of a duly completed and signed Promoter Application within seven (7) days thereof
to Company Promoter Support; or 4) completing, digitally signing and submitting through Company's Internet website an online
Promoter Application. No product purchases are required to become a Promoter. Any non-fraudulent Promoter Application
becomes binding upon Company when the Promoter Application is entered into the Company database. Company reserves the
right, in its sole discretion, to reject any Promoter Application. Company will not accept inaccurate or false information on a
Promoter Application. Incomplete, inaccurate, or unlawful Promoter Applications are voidable by Company. A Promoter is
responsible for informing Company of any changes affecting the accuracy of the Promoter Application. Upon acceptance of the
Promoter Application and annual non-commissionable $49 website hosting fee payable at the end of the first year, the company
reserves the right to reject any application including renewal applications. In such case any renewal fee already paid will be
refunded.
1. Promoter is of legal age in the state in which I enter this agreement.
2. Right To Sell: As a Company Promoter, I shall have the right to sell the services and products offered by the Company in
accordance with the Company's marketing program and statement of policy, which may be amended and changed from
time to time.
a. Upon notification to Promoters, the Company, at its discretion, may amend the pricing, marketing plan,
compensation plan, product pricing, statement of policy, terms of service, etc.
3. Promoter: Promoter has carefully reviewed the Company's marketing plan, rules and regulations, terms of service, retail
policy and policies and procedures, and acknowledge that they are incorporated as part of this agreement in their present
form and as modified from time to time by the Company.
4. Annual Fee: Term of the Company Promotership agreement is one year. Company Promoters, who wish to continue their
Promoterships, must apply to renew their Promoter agreement annually; a $49 annual non-commissionable Promoter
website hosting renewal fee is required at the end the first year and each year thereafter. The Company reserves the right
to accept or reject your application for renewal and the renewal shall be deemed accepted if it has not been rejected in
writing by the Company within 30 days of receipt in the back office of the fee and renewal application. The back office
subscription fee if any, is for ongoing sales and marketing materials support in both written and electronic and online media
formats, including product and service and training updates, website development, and maintenance and hosting, and
accounting and technical support of management of your marketing sales activity, and management of both your business
and sales force management. If a Promoter elects not to renew his\her Promoter agreement, all rights to bonuses,
marketing position and wholesale purchases cease.
5. Abandoned Promotership: After six (6) months of consecutive inactivity and/or nonpayment of monthly product or service
subscriptions a Promoter may have elected to purchase, the Promoter/Promotership will be classified as abandoned.
Abandoned shall be defined as a period in which no retail sales are made by a Promoter. Any and all JubiBucks, JubiGift
Cards, JubiResort cards, JubiPoints, bonuses, commissions, downline will be forfeited and cannot be recovered; no
exceptions.
6. Acceptance: Upon acceptance of this application by the Company, Promoter will be an independent contractor responsible
for my own business and not an employee of the Company. Promoter will not be treated as an employee in regard to any
laws covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the
Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is Promoters
responsibility to pay self-employment, state and federal income taxes as required by law.
7. Trademark: As a Promoter, I will not use the Company's trade name and/or trademark or logo except in the advertising
provided to me by the Company or in other advertising without prior written approval by the Company.
8. Responsibilities: Any Promoter, who sponsors other Promoters, must fulfill the obligation of performing a bona fide
supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training
of those sponsored. Promoter must have ongoing contact, communication and management supervision with his or her
sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence,
personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company
training and sharing genealogy information with those sponsored. Promoters should be able to provide evidence to the
Company semiannually of ongoing fulfillment of sponsor responsibilities. If a Promoter is an Enroller in the marketing
program entitled to Enroller bonuses, then the Enroller is obligated to the same responsibilities of supervisory,
communication and training activities with respect to Promoters he or she has enrolled, irrespective of whether the Enroller
is also the Sponsor of those Promoters.
9. The company's program is built upon sales to the ultimate consumer. The company also recognizes that Promoters may
wish to purchase product or service in reasonable amounts for their own personal or family use. For this reason, a retail
sale for bonus purposes shall include sales to nonparticipants, as well as sales to Promoters for personal or family use which
are not made for purposes of qualification or advancement. It is company policy, however, to strictly prohibit the purchase
of product or service solely for the purpose of qualifying for bonuses or advancement in the marketing program. Promoters
must fulfill published personal and downline retail sales requirements, including requisite retail sales to non participants, as
well as supervisory responsibilities, to qualify for bonuses, overrides or advancements.
10. Independent Promoter: The Promoter acknowledges that Promoter is a wholly independent marketing representative who
establishes and services retail customers for Company products as an independent contractor. The enrollment as a
Promoter does not constitute either a sale of a franchise or a Promotership, and absolutely no fees have been or will be
required from the Promoter for the right to distribute the Company's products pursuant to this agreement. This agreement
is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership, or joint
venture between any Promoter, sponsor and/or the Company.
As an independent contractor, the Promoter shall:
a. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this agreement
and/or the acquisition, receipt, holding, selling, distributing or advertising of Company products.
b. At the Promoter'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 this agreement and/or the receipt, holding, selling, distributing or
advertising of Company products.
c. Be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of the
Promoter's activities in connection with this agreement.
11. No Purchase: No purchase or investment is necessary to become a Company Promoter other than the purchase of a
Promoter sales kit which is sold "at Company cost. (Purchase is optional in North Dakota.)
12. Non-Investment: If you make a purchase from the Company and/or JubiRev, you are purchasing real products and/or
services. You are NOT purchasing "stock" or any other form of "investment" or "equity." There is NO income guarantee
made or assumed.
a. Promoters who present our products and services to others in a misleading manner or in any way that leads the
buyer to believe they are making an investment or purchasing equities, or who make deceptive or improper
income claims will be terminated and all JubiGift Cards, JubiBucks, JubiResort cards, products, bonuses,
commissions and awards will be forfeited.
b. Anyone purchasing must review and agree to the Company and all published JubiRev policies and procedures on
the JubiMAX.com and JubiRev.com websites and all Legal Disclaimers.
c. Our compensation plan is based on the sale of products and services to consumers.
d. JubiRev is owned and operated by the Company, and is the marketing arm for JubiMAX, Inc.
13. Front loading: Company strictly prohibits the purchase of products solely for the purpose of qualifying for commissions or
advancement within the compensation plan. All such forms of front loading or stockpiling are strictly prohibited and are
grounds for immediate termination of Promotership.
14. 70% Rule: As Company Promoters order product, they must certify that they have sold at retail at least 70% of all prior
product purchased. A Promoter may purchase a reasonable amount of product for resale, personal use and to be used as
sales samples. Violation of this term will be grounds for immediate termination.
15. Promoter Marriage. If two existing Promoters marry, they may maintain their separate, independent Company Businesses
so long as their businesses are not in the same line or leg. Should the married Promoters businesses be in the same line or
leg, they have the choice to either sell or resign from one of the Promoterships. After marriage, the rights of married
Promoters to make account, Enroller or Sponsor changes may be limited at Company’s discretion.
16. Promoter Divorce or Partnership Dissolution. In the unfortunate circumstance that married Promoters or partners who
share in a certain Company business obtain a divorce or wish to dissolve their partnership, Company will continue to treat
the Company business according to the original Promoter Application until such time as Company receives written notice
from both parties or a certified court order, directing otherwise. The written notice must be signed by all parties and
notarized.
17. Promoter Status Changes and Transfers. To convey, sell, assign, or otherwise transfer a Company Business or any interest
therein, a Promoter must contact the Company Compliance Department and follow its internal policies and meet any
requirements, as may be amended from time to time. The terms and conditions of the offer to purchase requires an offer
to the Enroller first and the Sponsor second, in writing at the same terms. No Promoter shall sell or assign a Promotership in
order to circumvent the Contract, including but not limited to cross-sponsoring rules or the possession or interest in more
than one Promotership. Company reserves the right to review any sale or assignment, and to impose reasonable conditions
on the sale or assignment to insure compliance with the Contract.
18. Succession. Upon death and within ninety days of death, a Promoter may pass to successors in interest as provided by law
and upon Company receiving a signed Promoter Application from the successor along with certified copies of the death
certificate and will, trust or other legal instrument demonstrating the successor’s rights and interest. After acceptance by
Company, a successor shall be entitled to all the rights and be subject to the duties and obligations of the Contract.
19. NO-Stacking - NO More Than One Account. Company has a firm "No Stacking Policy". Stacking is defined as multiple
Promoterships owned by the same partnership(s), corporation(s), trust(s), or other individual persons within the same
household or entities who purchase products and services from other Promoters of the "Same legal beneficial interest"
directly in order to earn commissions on multiple levels from their positions in the Compensation Plan organization thus
blocking their upline from earning the on the referral and sponsorship of these Promoters or Promoters of the same entity
into the program.
a. Beneficial Interests. While partnerships, corporations, trusts, and other entities may become Promoters, a person
may not have a legal beneficial interest or be listed as an owner, partner, or participant in more than one Company
Promoter business. The creation of FAKE (ineligible or false) positions in a Promoter’s Downline is prohibited. If a
Promoter’s household engages in any act or activity that would violate this agreement if such act were performed
by the Promoter, such act or activities will be imputed to the Promoter.
b. Corporate Entities. Applications submitted by corporations must be signed by a duly authorized Officer and
contain the name and Tax Identification Number of the corporation along with the names of the principal
corporate officers, directors, and shareholders and be accompanied by the corresponding Promoter Application.
Company may require a copy of the Articles of Incorporation, a certificate of good standing, or such other
information about the corporation as is necessary to protect the interests of the Company and other Promoters.
c. Stacking is strictly prohibited and any Promoters caught doing so will be immediately removed from Company
permanently and will forfeit all commissions, bonuses, JubiPoints, and services.
d. If multiple family Promoters within the same household (husband, wife, daughter, son, parent) wish to become
active Company Promoters, they must do so under the original sponsor who introduced the first household
Promoters to Company.
e. This "No Stacking" policy applies to any person, corporation, LLC, Trust, organization or other entities that are
controlled or owned by a Promoter(s). It is a direct violation of the No Stacking Policy, if such entities are
sponsored by the Promoters that controls or owns them.
f. Therefore, Promoters may NOT have a financial interest in more than one Promoter position without written
permission. Corporate, partnership and trust form Promoter positions are permitted, but subject to this provision
and not as a way around this provision.
g. Spouses. Spouses may NOT enroll under one another. Your spouse may have a separate Promoter position, but
your spouse MUST be referred by the same Promoter who referred you. This is because of our "No-Stacking"
policy. Company will provide any Promoter a reward of 100 JubiPoints to anyone who reports a valid and provable
violation of this "No-Stacking" policy.
20. Corporate or Partnership Promoters: Company reserves the right to approve or disapprove a suggested business name and
status by a Promoter, including partnerships, corporations and trusts or any other form of doing business. Any changes to
such form require the prior written approval of Company. To form a new Promotership as a partnership or corporation or
to change status to one of these forms of business, the Promoter must complete and submit to Company a Corporate
Status form and an Independent Promoter Application Form, as well as any other information requested by Company. This
must be submitted detailing all partners, shareholders and directors in the partnership or corporation. The party who
submits these forms must be authorized to enter into binding contracts on behalf of the partnership or corporation. The
party submitting these forms must also certify that no person with an interest in the partnership or corporation currently
has or has had an interest in an Promotership within 3 months of the submission of the forms (unless it is the continuation
of an existing Promotership that is changing its form of doing business). Any change in a partner or a shareholder will be
considered as a change in the Promotership and Company’s consent will be necessary. A partnership or corporation may be
an Promoter; however, no individual may participate directly or indirectly as a principal, a shareholder, a partner or
otherwise, in more than one Company Promotership. A change to a partnership or a corporation will remain under the
same sponsor.
21. Owner Responsibility for Corporate and Partnership Promoterships. Since a partnership or corporate Promotership is
under the control of its owners or principals, it is agreed that actions of partners, shareholders, officers, directors, agents or
employees, which are in contravention of Company’s Policies and Procedures shall be attributable to that partnership or
corporate Promoter.
22. Transfer of Enrollment. Transfer is rarely permitted and is actively discouraged. Maintaining the integrity of enrollment is
absolutely mandatory for the success of the overall organization.
a. Transfers will generally be approved in three (3) circumstances only:
1) In the case of unethical enrolling by the original enroller. In such cases, the Company will be the final
authority.
2) With the written approval of the immediate three (3) upline enrollers.
3) Resigning from the Company entirely and waiting three (3) months to reapply under the new enroller.
23. Targeting Other Direct Sellers: Company does not condone Promoters specifically or consciously targeting the sales force of
other direct sales or network marketing companies to sell Company Products or to become Promoters for Company, nor
does Company condone Promoters solicitation or enticement of members of the sales force of another direct sales
company to violate the terms of their contract with such other company. Should Promoters engage in such activity, they
bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a
Promoter alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Company will
not pay any of Promoter's defense costs or legal fees, nor will Company indemnify the Promoter for any judgment, award,
or settlement.
24. Unfair Competition, "Raiding" and “Cross-Sponsoring”. For the term of two (2) years after Sale, Transfer or Voluntary or
Involuntary Termination of Promotership with Company; Promoter may not Enroll or Sponsor or solicit or attempt to Enroll
or Sponsor or solicit any other Company Promoters into any other network-marketing or direct selling company directly or
indirectly, with the exception of those individuals the Promoter has personally Enrolled and who are positioned on the
Promoter’s Frontline exclusively in the Enrollment Tree. Further, a Promoter may not solicit the participation of any other
Company Promoter/Customer, not on the Promoter’s Frontline, to purchase any non-Company product that is competitive
with Company product or opportunities. The foregoing prohibited activities constitute unfair competition with Company
and are also known as “Cross-Sponsoring and Raiding". Promoter further agrees that he/she shall not, directly or indirectly,
disrupt, damage, impair or interfere with the business of Company, whether by way of interfering with, or raiding its
employees or Promoters, disrupting its relationship with customers, agents, representatives, Promoters, suppliers, vendors
or manufacturers or otherwise. Violation of this policy may result in legal action to the full extent of the law. "Disrupting" or
"interfering" shall include, but not be limited to, direct or indirect solicitation or recruitment for other direct selling business
opportunities or products or services of other direct selling companies. A Promoter seeking to sell or transfer his/her
Promotership must acknowledge and agree to this provision prior to the finalization of the sale or transfer of their
Promotership. A Promoter whose position has been Terminated, Abandoned or is in "Inactive" status automatically agrees
to the provisions of this paragraph. Promoter agrees that the obligations under this section will survive the termination of
the agreement and that Company reserves the right to pursue all appropriate remedies under applicable national or local
laws to protect its rights to the Lists as proprietary and trade secrets of Company.
25. Reporting Unethical Behavior: While complaints should generally be directed to and through the Company Promoter's
Upline Sponsors, a Company Promoter who has a specific complaint about another Company Promoter, or is aware of any
violation of these Policies and Procedures by another Company Promoter, may direct such complaints in writing or by email
to the Company Customer Service Department promptly. Legal @ JubiMAX.com
a. Company will provide any Promoter a Reward of 100 JubiPoints to anyone who reports a valid Unethical
Behavior concern that may have an adverse effect on Company.
26. No Waiver of Policy Enforcement: The failure of Company, to enforce any of these Policies and Procedures with one
Company Promoter does not waive Company's right to enforce any such provision(s) with that same Company Promoter or
any other Company Promoter.
27. Product Claims: A Company Promoter shall not make guarantees or any unauthorized representation regarding Company
or any Company products or services.
28. Income and Opportunity Claims: No unreasonable, misleading or other misrepresentation of earnings or potential income
may be made by a Company Promoter. Income guarantees or expectations of any kind are prohibited, as is disclosure or
exhibition of actual or copies of bonus checks or similar evidence. Furthermore Promoter shall NOT use other terms or lead
someone to believe this is a "Passive Income Opportunity", "Investment Opportunity", "Guarantee of Income", or that they
are purchasing "Stock", "Equity" or lead them to believe that the JubiRev Daily Bonus has an average "ROI". Company will
provide a Reward of 100 JubiPoints to any Promoter who reports anyone who is violating this term.
29. Future Growth Claims: A Company Promoter must not imply or assert that additional products or services will be added to
the products and services currently offered or that enhancements to the Compensation Plan are forthcoming or that
specific countries, territories, or areas are about to be added to countries, territories, or areas of Company operation
unless, or until, that fact has been officially announced by Company.
30. Governmental Endorsement Claims: A Company Promoter shall not represent that the Company Compensation Plan or
that any of its products have been approved, sponsored, or endorsed by any governmental agency.
31. Vendor Confidentiality. The Company's business relationship with its vendors, manufacturers and suppliers is confidential.
For the term of three (3) years after Sale, Transfer or Voluntary or Involuntary Termination of Promotership with Company;
Promoter shall not contact with the intent to directly or indirectly seek to engage or recommend vendor for similar services
to other network marketing, direct selling and/or travel related companies or companies to compete against Company, nor
shall Promoter seek vendors' services to start a competitive company for a period of three (3) years after voluntary or
involuntary termination of Promotership. Violation of this regulation may result in termination and possible claims for
damages if the vendor/manufacturer's association is compromised by the Promoter contact.
32. Company Business Ethics. Company honors all applicable federal, state, and local laws and regulations governing good
business practices. Promoters must adhere to the same ethical business practices to be successful. A Promoter agrees to
comply with the Contract, all contractual obligations, and any applicable state and federal laws. Any breach or violation of
the Contract may be deemed unethical and grounds for disciplinary action, including termination to protect Company, its
Promoters and the integrity of the Company business.
a. Examples of unethical behavior include, but are not limited to, the following:
i. 1) Cross-sponsoring; 2) Downline Raiding; 3) Writing checks on insufficient funds to Company; 4) Unauthorized
use of another person’s credit card; 5) Credit-card charge backs; 6) Misrepresenting the Company product or
Company Compensation Plan; 7) Engaging in any deceptive or unlawful trade practice or other illegal or
unlawful activity; 8) Creating or publishing advertising material without prior approval; 9) Any unauthorized
use of the Company names, trade names, domain names, patent information, trademarks, or logos; and 10)
Manipulating the Company Compensation Plan. 11) Making Income Claims and/or Future Growth or Income
Statements; 12) Purchase of products and services to achieve new rank qualifications; 13) Purchase of
products and services to achieve new rank qualifications then requesting refunds; 14) Creating "Fake"
positions and purchasing volume to earn bonuses, commissions or to increase rank; 15) Using "Passive Income
Opportunity", "Investment Opportunity", "Guarantee of Income", or that they are purchasing "Stock", "Equity"
or "ROI" when presenting or advertising Company; 16) or anything else that may have an adverse or negative
effect on Company or any of Company Promoters.
ii. The Company reserves the right to terminate any Promotership at any time for cause when it is determined
that the Promoter has violated the provisions contained in this Agreement, Company Policy and Procedures,
Terms of Service or training manuals or misrepresents the Company's products or business opportunity by
making claims contrary to the Company's product literature and labels as they may be amended or the
provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by the
Company at its discretion. Upon an involuntary termination, the Company shall notify the Promoter by mail at
the latest address listed with the Company for the Promoter. In the event of a termination, the terminated
Promoter agrees to immediately cease representing him/herself as a Promoter.
33. Promotion of Company and Products. Company will provide any Promoter a reward of 25 JubiPoints to anyone who
reports a valid and provable violation of this policy.
34. Solicitations: The use of Company's name or copyrighted materials may not be made with automatic calling devices, group
email or “boiler room” operations of any type to solicit either Promoters or retail customers.
35. Ethical Advertising: Promoters shall not make false, misleading or fraudulent representations about Company, its products,
and its compensation plan or income potential. Furthermore Promoters who present our products and services to others in
a misleading manner or in any way that leads the buyer to believe they are making an investment or purchasing equities,
making income claims or lead them to believe that the JubRev Daily Leadership Bonus has a average "ROI" or "Return on
Investment" will be terminated and all commissions and awards will be forfeited.
36. Prohibition of Sales on Unauthorized Internet Sites. Except with written authorization from the Company, a Promoter may
not sell nor promote Company products on unauthorized internet sites, including, but not limited to auction sites such as
online auctions, eBay, nor internet shopping sites, adult content sites, nor internet malls.
37. Unsolicited Email. The Company does not permit Promoters to send unsolicited commercial email to others unless such
emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any
email sent by a Promoter that promotes the Company, the Company opportunity or Company products and services must
comply with the following:
a. There must be a functioning return email address to the sender.
b. There must be a notice in the email that advises the recipient that he or she may reply to the email, via the
functioning return email address, to request that future email solicitations or correspondence not be sent to him
or her (a functioning "opt-out" notice).
c. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
d. The use of deceptive subject lines and/or false header information is prohibited.
e. All opt-out requests, whether received by email or regular mail, must be honored. If a Promoter receives an optout
request from a recipient of an email, the Promoter must forward the opt-out request to the Company.
38. Unsolicited Faxes and Spam. Except as provided in this section, Promoters may not use or transmit unsolicited faxes, mass
email distribution, unsolicited email, or "spamming" or use an automatic telephone dialing system relative to the operation
of their Company businesses. Unsolicited broadcast distribution of email or other distribution that may be defined as "bulk
mail" or "SPAM" is strictly prohibited. Promoters may send "general mailings" only to other Promoters in their downline
organizations and their direct up-line sponsors. Any other bulk use of email is prohibited.
a. The terms "unsolicited faxes" and "unsolicited email" mean the transmission via telephone facsimile or electronic mail,
respectively, of any material or information advertising or promoting the Company, its products, its compensation plan
or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax or
email:
i. To any person with that person’s prior express invitation or permission; or
ii. To any person with whom the Promoter has an established business or personal relationship. The term
"established business or personal relationship" means a prior or existing relationship formed by a voluntary
two-way communication between a Promoter and a person, on the basis of:
1) An inquiry, application, purchase or transaction by the person regarding products offered by such
Promoter; or
2) Personal or familial relationship, which relationship has not been previously terminated by either
party.
39. Websites: Company maintains an official Company corporate website as well as standard Promoter Business websites. If a
Promoter wishes to have a personal website other than a standard Company Promoter Business website, they must not
make income claims or misrepresent the company and or its services. Furthermore Promoters who present our products
and services to others in a misleading manner or in any way that leads the buyer to believe they are making an investment
or purchasing equities, making income claims or lead them to believe that the JubiRev Daily Leadership Bonus has a average
"ROI" or JubiMAX, Inc. is a Passive Income Opportunity will be terminated and all commissions and awards will be forfeited.
Website must contain a clear 10 point font Arial, Bold disclaimer "Independent Promoter. Not an Official JubiMAX, Inc. or
JubiRev corporate website."
40. Trade Shows. With written authorization from the Company, Company products or services and opportunity may be
displayed at trade shows by Promoters. Request for participation in trade shows must be received in writing by the
Company at least two weeks prior to the show. Written authorization from the Company must be received before
participating in the trade show. Unless written authorization is secured from the Company, Company products or services
and opportunity are the only products or services and/or opportunity that may be offered in the trade show booth. Only
Company produced marketing materials may be displayed or distributed. No Promoter may sell or promote the Company's
products or services or business opportunity at flea markets, swap meets, or garage sales.
41. Product and Business Presentations: Company may, from time to time, hold presentations and Promoters are encouraged
to do the same. If a Promoter holds presentations they must use Company approved materials to advertise the
presentation and the content of the presentation must comply with these Policies and Procedures, including policies
regarding product claims and income claims and provide a complete overview about products, services and all cost and
fees.
42. Transaction Submission Integrity. It is essential to the success of the Company, its Promoters and customers that
submissions of transactions to the Company maintain integrity of communication. It is to be expected that all transactions
submissions to the Company, including, but not limited to, Promoter applications, Promoter communication, Promoter
financial transactions and consumer transactions, be submitted by the individual or entity involved in the transaction. Third
party submission of any and all transactions submissions is prohibited. A Promoter may not communicate any transactions
submissions on behalf of another Promoter, Promoter applicant or customer. A Promoter may not use his or her credit card
or bank account on behalf of another individual or Promoter. This rule is applicable to any and all forms of transactions
submissions, including, but not limited to, online, telephone, fax, email, etc.
43. Conduct: In the conduct of its business, the Promoter shall safeguard and promote the reputation of the products and
services of the Company and shall refrain from all conduct which might be harmful to such reputation of the Company or to
the marketing of such products and services or inconsistent with the public interest, and shall avoid all discourteous,
deceptive, misleading, unethical or immoral conduct or practices. A Promoter shall not interfere with, harass or undermine
other Promoters and, at all times, shall respect the privacy of other Promoters. A Promoter must not disparage the
Company, its Promoter entities, other Company Promoters, Company products and/or services, the marketing and
compensation plans, or Company employees.
a. The following are specific violations that may give rise to disciplinary action, including immediate termination. The
following list is illustrative and not an exhaustive list:
i. The making of unauthorized income claims.
ii. Cross-sponsoring.
iii. Downline raiding.
iv. Fraudulent ordering or manipulation of bonus pools through qualification purchases, commonly known as
"garage qualifying"
v. Illegal activity at Company events or on Company premises.
vi. Extortion or threats to Company or Company Promoters.
vii. Income Claims or Growth Projections
viii. Disparaging of Company Name, Owners, Directors, Officers and or any company Promoter
44. Disciplinary Actions. A Promoter's violation of any policies and procedures, the agreement, terms and conditions or any
illegal, fraudulent, deceptive, or unethical business conduct may result, at the Company's discretion, in one or more of the
following disciplinary actions:
a. Issuance of a written warning or admonition.
b. Imposition of a fine, which may be imposed immediately or withheld from future commission checks.
c. Reassignment of all or part of a Promoter's organization.
d. Suspension, which may result in termination or reinstatement with conditions or restrictions.
e. Forfeiture of all future and outstanding bonuses and commissions.
f. Termination of the Promoter.
45. Termination. When a decision is made to terminate a Promotership, the Company will inform the Promoter in writing that
the Promotership is terminated immediately, effective as of the date of the written notification. The termination notice will
be sent by certified mail to the Promoter's address on file with the Company.
a. The Promoter will have 15 days from the date of mailing of the certified letter in which to appeal the termination
in writing. The Promoter's appeal correspondence must be received by the Company within 20 days of the
Company's termination letter. If the appeal is not received within the 20-day period, the termination will be
automatically deemed final.
b. If a Promoter files a timely appeal of termination, the Company will review and reconsider the termination,
consider any other appropriate action, and notify the Promoter of its decision. The decision of the Company will be
final and subject to no further review. In the event the termination is not rescinded, the termination will be
effective as of the date of the Company's original termination notice. Furthermore Promoter waives all legal
recourse against Company and its owners and directors.
46. Cancellation: A Promoter shall be entitled to cancel participation in the marketing program at any time and for any reason
upon notice to the Company. Upon notification of cancellation or termination, the sponsoring Promoter or the Company
will repurchase any inventory and mandatory sales kit materials in accordance with its policies as stated in the Company's
policies and procedures, terms of service, refund terms, marketing program and statement of policy.
a. If the independent Promoter has purchased products for inventory purposes or mandatory sales aids while the
Promoter agreement was in effect, all products unused, in a resalable condition then in possession of the
independent Promoter, which have been purchased within 30 days from the date of date of termination or
cancellation (90 days in Maryland and Puerto Rico; one year in Idaho, Montana, Nebraska Oklahoma, South Dakota
and Texas, no time limit in Massachusetts, Georgia, Louisiana, Washington and Wyoming), may be tendered for
repurchase. The repurchase shall be at a price of not less than 90 percent of the original net cost to the Distributor.
In addition, the Company will honor statutory buyback requirements of every jurisdiction. A Montana resident may
cancel his or her Promoter Agreement within 15 days from date of enrollment, and may return his or her Promoter
Kit for a full refund of all funds paid to participate within such time period.
b. If a Promoter elects to cancel and/or request a refund of inventory items, all rights to bonuses, marketing position
and wholesale purchases cease. The terminated Promoter's sales organization shall be transferred to his\her
sponsor.
47. Right To Enroll: All Promoters have the right to enroll others. In addition, every person has the ultimate right to choose
his/her own enroller. If two Promoters should claim to be the enrollers of the same new Promoter, the Company shall
regard the first application received by the corporate home office as controlling.
a. As a general rule, it is good practice to regard the first Promoter to meaningfully work with a prospective Promoter
as having first claim to enrollment, but this is not necessarily controlling. Basic tenets of common sense and
consideration should govern.
b. As a convenience to its Promoters, the Company may provide various methods of registering or informing the
company of newly enrolled Promoters, including telephone registration and facsimile registration. Until such time
as the company receives an application, either as hard copy, by facsimile, or electronic via the secured payment
gateway, containing all appropriate information, as well as the signature of the proposed new Promoter, the
company will only consider the incomplete telephone or facsimile registration in the category of "intended"
registration. Thus, although the company is attempting to create some convenience for its enrolling Promoters, it
is the responsibility of the enrolling Promoter to cause delivery to the company of a completed and signed
Promoter agreement if the sponsor is to expect recognition as the official enrolling Promoter.
c. There is no "magic" involved in the Company or in any business. Those who enroll widely but who do not help new
Promoters develop their business meet with limited success. Therefore, a responsibility of enrollment is to work
with new Promoters, helping them learn the business and encouraging them during the critical early months.
d. Enrollers are not required to carry inventory of products or sales aids for new Promoters. Promoters who do so,
however, find building a major sales organization much easier because of the decreased response time in meeting
a new Promoter's needs.
48. Any Unauthorized Use or Disclosure of Activity Reports or Promoter/Customer Lists constitutes misuse, misappropriation,
and a violation of the Contract and may cause irreparable harm to Company. Promoter agree that upon any violation of this
paragraph, the Promoter will stipulate to injunctive relief, enjoining such use under applicable national or local law, and
retrieve and return to Company all existing Lists previously provided to the Promoter and that intended or unintended
misuse of a List may be cause for termination of a Promoter’s Company Business, whether or not such misuse causes
irreparable harm to Company or one of its Promoters. In addition, Promoter agrees that the obligations under this section
will survive the termination of the Contract and that Company reserves the right to pursue all appropriate remedies under
applicable national or local laws to protect its rights to the Lists as proprietary and trade secrets of Company. Any failure to
pursue such remedies will not constitute a waiver of those rights. Promoter agrees that, but for this agreement of
confidentiality and non-disclosure, Company would not provide the Lists to the Promoter.
49. Promoter Lists and Activity Reports. Company desires to protect its Promoters and Company from inappropriate and unfair
competition. Lists of Promoters and any customers, activity reports, Downline organizations, and other information about
Promoters (hereinafter “Lists”), whether partial or complete, provided by or originating from Company or any Promoter
may not be reproduced in any way or in any part by a Promoter. The Lists are the confidential and proprietary property of
Company. Company has derived, compiled, configured, and currently maintains Lists through the expenditure of significant
time, computer programming and monetary resources. Lists, in present and future forms and as amended from time to
time, constitute commercially advantageous proprietary assets and trade secrets of Company, which Promoters agree to
hold confidential. Lists shall not be disclosed by Promoters to any third party or used for any purpose other than in the
performance of their obligations under the Contract and for the benefit of Company and the Promoter's Company business.
Lists are provided for the exclusive and limited use of the Promoters to facilitate the training, support, and service of the
Promoter’s Downline to further the Promoter’s Company business. To access Company information, materials or Lists
online or through other electronic means, a Promoter agrees to comply with all requirements designated for such access.
Each Promoter agrees that the use of Lists within the intended scope constitutes a separate, exclusive license agreement
between the Promoter and Company. Lists remain, at all times, the exclusive property of Company and must be returned to
Company upon request. A Promoter that receives a List agrees to limit the use of a List to exclusively advance a Promoter’s
Company business; and to hold confidential and not disclose any List or portion thereof to any third party, including, but
not limited to, other Promoters, competitors, and the general public. Any unauthorized use or disclosure of Lists constitutes
misuse, misappropriation, and a violation of the Agreement and may cause irreparable harm to Company. Promoters agree
that upon any violation of this paragraph, the Promoter will stipulate to injunctive relief, enjoining such use under
applicable national or local law, and retrieve and return to Company all existing Lists previously provided to the Promoter
and that intended or unintended misuse of a List may be cause for termination of a Promoter’s Company Business, whether
or not such misuse causes irreparable harm to Company or one of its Promoters. In addition, a Promoter agrees that the
obligations under this section will survive the termination of the Contract and that Company reserves the right to pursue all
appropriate remedies under applicable national or local laws to protect its rights to the Lists as proprietary and trade
secrets of Company. Any failure to pursue such remedies will not constitute a waiver of those rights. A Promoter agrees
that, but for this agreement of confidentiality and non-disclosure, Company would not provide the Lists to the Promoter.
50. Company Recordings. A Promoter may not, without the prior written approval of Company, produce for sale, in personal or
business use, any audio, video, or other recording of Company sponsored events, speeches, meetings, conference calls or
webinars. Neither may a Promoter produce or make available to others any company recordings without the express
written permission of Company.
51. Debiting of Commission Checks. A Promoter agrees that Company may debit or place a hold on a Promoter’s Commission
payment(s) for any amount the Promoter owes Company including the overpayment of Bonuses, Commissions, checks with
insufficient funds, clawbacks, credit card chargeback's and government imposed obligations.
52. Replacement Checks. Upon request, Company will issue a replacement check for a lost or stolen check older than 30 days
that has not been cashed; however, if the check was not cashed due to the Promoter’s fault, a service fee of the greater of
five percent (5%) of the value of the check, or twenty dollars ($20.00) will be assessed. Except in the case of theft or fraud,
replacement and stop payment requests will not be honored until ten business days after the check was issued.
53. Minimum Check: In order to reduce banking fees, Company will not generate a monthly Commission check or other
payment method for any Commission amount less than twenty-five US dollars ($25.00). When a Promoter is eligible for a
Bonus and/or Commission payment of less than twenty-five ($25) dollars, this amount will be credited to the Promoter's
Company account and a Commission payment may be requested by Promoter once the accumulated balance is twenty-five
($25) dollars, or more.
54. Service Fees. Service fees are charged for any Sponsor or Enroller changes and possible sales or transfers. In addition,
should a Promoter or any third party legally request or require extraordinary services that warrant additional time and
expense to research and resolve, Company charges a fee of one hundred dollars ($100.00) per hour plus costs, with a
minimum of one hour assessed for each such case.
55. Talent Release: A Promoter hereby consents to Company the use of his/her image (including but not limited to name,
photograph, testimonials, likeness, position, voice, voices, biography, and any film footage, video tapes, audio tapes,
recordings, and interviews of the Promoter) when created in connection with any Company event, promotion or
convention to advertise, promote or publicize Company products or opportunities. In the event this talent release is to be
withheld by an Promoter, it is the sole responsibility of the Promoter to inform Company Corporate Office in writing and
thereafter the Promoter may be restricted from attending some Corporate Events and/or Award Recognitions Functions
that could contravene the Promoter's requests. Any testimonials including image (including but not limited to name,
photograph, testimonials, likeness, position, voice, voices, biography, and any film footage, video tapes, audio tapes,
recordings, and interviews of the Promoter) that are in pre-printed materials or marketing materials of any kind will only be
removed at Company appointed time.
56. Changes: Company reserves the right to alter or amend at any time and from time to time any prices, Policies and
Procedures, product availability, literature and the compensation plan. Upon notification by mailing or emailing to the most
recent address listed by the Promoter in Company records, or upon posting notification on Company’s website, such
amendments are automatically incorporated as part of the agreement between Company and the Promoter. If advertising
materials are updated or replaced, then the Promoters may continue to use the previous advertising materials unless
Company advises them not to do so.
57. Waiver. The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing
the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the Company
who is authorized to bind the Company in contracts or agreements specifies in writing that the Company waives any of
these provisions. In addition, any time the Company gives permission for a breach of the rules, that permission does not
extend to future breaches. This provision deals with the concept of "waiver," and the parties agree that the Company does
not waive any of its rights under any circumstances short of the written confirmation alluded to above.
58. Indemnity of Company: Promoter shall indemnify Company, its directors, officers, employees and representatives and hold
them harmless from any and all claims, costs, losses, damages, liabilities, judgments, civil penalties, refunds, attorney fees,
court costs or lost business incurred by Company or any of them, that result directly or indirectly from that Promoter’s
unauthorized representations or actions or from any breach of this agreement or any of Companies Policies and Procedures
directly or indirectly relating to that Promoter's business.
59. Partial Validity of Policies and Procedures: Should any portion of this agreement, or any Company Policies and Procedures,
the Promoter Application form or any other instruments referred to herein, be declared invalid by a court of competent
jurisdiction, then the balance of such Policies and Procedures, applications, agreements or other instruments, shall remain
in full force and effect.
60. Notice of Change: This statement of Policies and Procedures as amended from time to time by Company is incorporated
into the independent Promotership application. The Company expressly reserves the right to alter or amend prices, Rules
and Regulations, Policies and Procedures, product availability and compensation plan. Upon notification, in writing, such
amendments are automatically incorporated as part of the agreement between the Company and the Promoter. Company
communication of changes may include, but shall not be limited to mail, email, fax, posting on the Company website,
publication in company newsletters or magazines, etc.
a. Because the content of these policies is important to you as a Promoter, you should check back frequently as no other
notice of changed content will be provided either before or after the change takes effect.
61. Jurisdiction and Arbitration of Disputes.
a. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. All disputes and
claims relating to JubiMAX, Inc., its web site, its products, the Independent Promoter Agreement, or the JUBIREV
Compensation Plan, including but not limited to (1) the rights and obligations of the Promoter and JUBIMAX, INC., (2)
any other claims or causes of action relating to the performance of either the Promoter or JUBIMAX, INC. under the
Promoter Agreement or the Rules and Regulations, and/or (3) the Promoter’s purchase of JUBIMAX products or
subscription to the JUBIMAX, INC. website shall be settled totally and finally by arbitration in San Antonio, Texas or
such other location as JUBIMAX, INC. prescribes, in accordance with the Federal Arbitration Act and the Commercial
Arbitration Rules of the American Arbitration Association. Louisiana residents may arbitrate in New Orleans. There shall
be one arbitrator, an attorney at law, who shall have expertise in business law transactions with preference being an
attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration
Association provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration,
including legal and filing fees. If the Promoter files a claim or counterclaim against JUBIMAX, INC., the 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 need be, be reduced to a judgment in any court of competent
jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Promoter Agreement.
b. Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity
or registration of any mark or other intellectual property or proprietary confidential information of JUBIMAX, INC.
without JUBIMAX’s prior written consent. JUBIMAX, INC. may seek any applicable remedy in any applicable forum with
respect to these disputes and with respect to money owing to JUBIMAX, INC.. In addition to monetary damages,
JUBIMAX, INC. may obtain injunctive relief against the Promoter for any violation of the Promoter Agreement and for
any violation or misuse of JUBIMAX, INC. trademark, copyright or confidential information policies.
c. Nothing in this rule shall prevent JUBIMAX, INC. from applying to and obtaining from any court having jurisdiction a
writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergent relief available
to safeguard and protect JUBIMAX, INC. interest prior to the filing of or during or following any arbitration or other
proceeding or pending the handing down of a decision or award in connection with any arbitration or other
proceeding.
d. The existence of any claim or cause of action of the Promoter against JUBIMAX, INC., whether predicated on the
Promoter Agreement or otherwise, shall not constitute a defense to JUBIMAX’s enforcement of the Promoter’s
covenants and agreements contained in the Promoter Agreement or the Rules.
62. Copyright Warning: The legal notices and administrative pages on this website, including this one, have been diligently
drafted by an attorney. This material may not be used in any way for any reason and unauthorized use is policed via
Copyscape to detect violators.
63. Modification: Neither the course of conduct between the parties nor industry trade practice shall act to modify any
provision of this Agreement.
64. Severability: Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion
shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions,
so that they remain in full force and effect.
65. This Agreement Prevails: To the extent that anything in or associated with our website is in conflict or inconsistent with this
agreement, this agreement shall take precedence.
66. Contact Information:
JubiMAX, Inc.
Promoter Services
New Venture House, 3rd Floor
3 Mill Creek Road
Pembroke, Bermuda HM 05
67. Ability to Accept Agreement:
a. Promoter affirm that you are 18 years of age or older and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and
comply with the terms and conditions of this Agreement.
b. Promoter acknowledges that they have read and understand and agree to the terms set forth in this agreement.
c. Promoter Payment confirms acceptance of the agreement in full.
AGREEMENT: THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PROMOTER AND COMPANY
AND NO OTHER ADDITIONAL PROMISES, REPRESENTATIONS, GUARANTIES OR AGREEMENTS OF ANY KIND SHALL BE VALID UNLESS IN WRITING FROM COMPANY OFFICER.
THIS AGREEMENT MAY BE CANCELLED AT ANY TIME BY PROVIDING WRITTEN NOTICE TO THE COMPANY.