Notice: Please be aware that due to high incidences of online fraud, people in the following countries may be asked to send in notarized, original copies of their documents: Malaysia, Thailand, Singapore, Indonesia, Russia, India, Pakistan and the Philippines.
Furthermore, we are unable to offer services to the following countries:
* Democratic Republic of the Congo
* Equatorial Guinea
* Montana, USA
* North Korea
- TRIEARN WEALTH PARTNER STATUS
SECTION ONE: WEALTH PARTNER STATUS
- BECOMING AN WEALTH PARTNER
An applicant becomes a WEALTH PARTNER (“Wealth Partner”) of TriEarn Capital’s when the applicant’s completed Application and Agreement has been received and accepted by the Company, by Internet or by mail, at its designated Office address. Company reserves the right to decline any Agreement for any reason, at its sole discretion.
A WEALTH PARTNER uses his/her best effort to promote and sell products and services of Company to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, WEALTH PARTNERs will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Company or other TriEarn WEALTH PARTNERs.
02 MEMBERSHIP FEES, CHARGES AND/OR PURCHASES
An initial fee, charge and/or purchase may be required to become a WEALTH PARTNER. As a WEALTH PARTNER, you agree to pay and authorize automatic, recurring, billing of the membership fee by any available payment methods, until cancelled. Any automatic, recurring, billing of the membership fee is not refundable and will not be prorated. You authorize Company to initiate debit entries from the account provided and for the membership fee, as well as any other purchases made on the Site.
1.03 WEALTH PARTNERS OBLIGATIONS & RIGHTS
WEALTH PARTNERs are authorized to sell Company products and services and to participate in the TRIEARN WEALTH PARTNERS Compensation Plan. A registered WEALTH PARTNER may sponsor new WEALTH PARTNERs.
1.04 LEGAL AGE
WEALTH PARTNERs must be of legal age in the state / country of their residence.
When a couple sharing WEALTH PARTNER entity divorces or separates, Company will continue to pay commission checks in the same manner as before the divorce or separation until it receives written notice signed by both parties or a court decree which specifies how future commission checks should be paid, provided and if applicable, the couple has complied with the requirements of Section 5.03.
1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become WEALTH PARTNERs of TriEarn when the Agreement is accompanied by a regulatory ID.
Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of WEALTH PARTNER entity must agree to hold such title, and TRIEARN will hold each personally liable and bound by the Agreement and these Policies and Procedures and Terms and Conditions.
1.06 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as WEALTH PARTNER using a fictitious or assumed name.
1.08 WEALTH PARTNER STATUS
WEALTH PARTNERs are Independent Members responsible for determining their own activities without direction or control by Company. They are not franchisees, joint venture, partners, employees or agents of Company and are prohibited from stating or implying, whether orally or in writing, otherwise. WEALTH PARTNERs have no authority to bind Company to any obligation. Company is not responsible for payment or co-payment of any employee benefits. WEALTH PARTNERs are responsible for liability, health disability and worker’s compensation insurance. WEALTH PARTNERs set their own hours and determine how to conduct business, subject to Company Agreement, the Policies and Procedures and Terms and Conditions.
As Independent Contractors, WEALTH PARTNERs will not be treated as franchisees, owners, employees or agents of Company for federal or state tax purposes including, with respect to the Internal Revenue Code, Social Security Act, federal unemployment act, state unemployment acts or any other federal, state, or local statute, ordinance, rule or regulation.
1.10 WEALTH PARTNER IDENTIFICATION NUMBER
WEALTH PARTNERs are required by federal law to obtain a Social Security number or Federal Government Financial Regulatory ID card. WEALTH PARTNERs will be identified by this number, or a company assigned number, for purposes of Company’s business. The WEALTH PARTNERs Identification Number must be placed on all orders and correspondence with the Company.
1.11 LEGAL COMPLIANCE
WEALTH PARTNERs must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business. WEALTH PARTNERs are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
1.12 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on sponsoring or selling in host countries; provided, however, that Company reserves the right not to sell product or services or contract with WEALTH PARTNERs in specified states / countries.
- TERM AND RENEWAL
SECTION TWO: TERM & RENEWAL
Subject to the terms of Section 4.01, the Agreement shall have a term which shall begin on the date of acceptance by TriEarn and end on same request.
WEALTH PARTNERs must renew monthly, on the Registered Date and WEALTH PARTNERs has the right to decline to accept any renewal at its sole discretion. Company may require that WEALTH PARTNERs execute a new Agreement upon renewal. WEALTH PARTNERs not renewing by the renewal date shall be deemed to have voluntarily terminated their WEALTH PARTNERSHIP status with TriEarn, and thereby lose their TRIEARN WEALTH PARTNER entity, all sponsorship rights, their position in the Compensation Plan and all rights to commissions and bonuses. WEALTH PARTNERs who fail to renew their WEALTH PARTNERSHIP status may not reapply under a new sponsor for three (3) months after non-renewal.
SECTION THREE: SPONSORSHIP
Any WEALTH PARTNER may sponsor other WEALTH PARTNERs into TRIEARN’s business. WEALTH PARTNERs must ensure that each potential new WEALTH PARTNER has reviewed and has had access to the current Policies and Procedures, Terms and Conditions and Compensation Plan prior to or when giving the individual a registration form.
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple WEALTH PARTNERs which list different sponsors, only the first completed registration received by TRIEARN will be accepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership relationship with WEALTH PARTNERs in his or her organization and must fulfill the obligation of performing a bona fide supervisory or sales function in the sale or delivery of products and services.
3.04 INCOME CLAIMS
WEALTH PARTNERs must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective TRIEARN WEALTH PARTNERs, nor may WEALTH PARTNERs use their own incomes as indications of the success assured to others. Commission checks may not be used as marketing materials. WEALTH PARTNERs may not guarantee commissions or estimate expenses to prospects.
3.05 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors. Network Marketing is a business of creating relationships. Once a WEALTH PARTNER is sponsored, the company believes in maximum protection of that relationship. The only exception is upon prior written approval of Company to correct ethical violations as determined at the sole discretion of TRIEARN Capital.
3.06 CROSS SPONSORING
A WEALTH PARTNER may not sponsor, or attempt to sponsor, any non-personally sponsored WEALTH PARTNERs in any other Network Marketing Company or Trading education Company. In addition, no WEALTH PARTNER may participate in any action that causes another WEALTH PARTNER to be sponsored through someone else into another network marketing company.
3.07 CROSS RECRUITING WITHIN TRIEARN CAPITAL.
A WEALTH PARTNER may not recruit, or attempt to sponsor, any non-personally sponsored WEALTH PARTNER/Customer, that are active or inactive, in TRIEARN Capital, for less than six (6) months. Cross Recruiting another WEALTH PARTNER/Customer, will have a mandatory suspension of thirty (30) days, and commissions and/or bonuses will be forfeited. The suspension will precede an investigation, which may result in termination of the WEALTH PARTNER. TRIEARN Capital has a Zero Tolerance Policy, both for Cross Recruiting and Cross Sponsoring.
D. RESIGNATION OR TERMNINATION
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) WEALTH PARTNER may voluntarily terminate his or her WEALTH PARTNERSHIP status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to TRIEARN. Voluntary resignation is effective upon receipt of such notice by Company.
b) Any WEALTH PARTNER who resigns or terminates their WEALTH PARTNERSHIP status may reapply as a WEALTH PARTNER, three (3) months after resignation.
TRIEARN WEALTH PARTNERS may be suspended for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by Company.
When a decision is made to suspend any WEALTH PARTNER, Company will inform him/her in writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the WEALTH PARTNERs “address on file” pursuant to the notice provisions contained in the Policies and Procedures and Terms and Conditions. Such suspension may or may not lead to termination of the Wealth Partner as so determined by Company at its sole discretion. If the Wealth Partner wishes to appeal, Company must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. TRIEARN will review and consider the suspension and notify the Wealth Partner in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Company will be final and subject to no further review. TriEarn Capital may take certain action during the suspension period, including, but not limited to, the following:
a) Prohibiting the Wealth Partner from holding himself or herself as Wealth Partner or using any of TriEarn Capital’s proprietary marks and/or materials;
b) Withholding commissions and bonuses that are due the Wealth Partner during the suspension period;
c) Prohibiting the Wealth Partner from purchasing services and products from Company; and/or;
d) Prohibiting the Wealth Partner from sponsoring new Wealth Partners, contacting current Wealth Partners or attending meetings of Wealth Partners.
If Company, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Wealth Partner has occurred, the suspended Wealth Partner may be terminated.
Wealth Partner may be immediately terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, Terms and Conditions and the Compensation Plan and other documents produced by Company upon written notice. Company may terminate a violating Wealth Partner without placing the Wealth Partner on suspension, at Company’s sole discretion. When the decision is made to terminate Wealth Partner, Company will inform the Wealth Partner in writing at the address in the Wealth Partner’s file that the termination has occurred.
If Wealth Partner wishes to appeal the termination, Company must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If Wealth Partner files a timely notice of appeal, Company will review the appeal and notify the Wealth Partner of its decision within ten (10) days after receipt of the appeal. The decision of Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Wealth Partner:
a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of TRIEARN.
b) Must cease representing themselves as Wealth Partner of TRIEARN;
c) Loses all rights to his or her Wealth Partner position in the Compensation Plan and to all future commissions and earnings resulting therefrom;
d) Must take all action reasonably required by Company relating to protection of Company’s confidential information. Company has the right to offset any amounts owed by Wealth Partner to Company including, without limitation, any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the Wealth Partner.
The acceptance of any reapplication of a terminated Wealth Partner or the application of any family member of a terminated Wealth Partner shall be at the sole discretion of Company and can be denied.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this policy, the applicable State/Federal law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Wealth Partner desiring to acquire an interest in another Wealth Partner’s business must first terminate his or her Wealth Partner status and wait three (3) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by Company in advance.
5.02 TRANSFERS OF WEALTH PARTNERS
Except as expressly set forth herein, Wealth Partner may not sell, assign or otherwise transfer his or her Wealth Partner entity (or rights thereof) to another Wealth Partner or to an individual which has an interest in Wealth Partner entity. Notwithstanding the foregoing, Wealth Partner may transfer his or her Wealth Partner entity to his or her sponsor, subject to the conditions of Section 5.03 and 5.07. In such an event, the sponsor’s entity and the transferring Wealth Partners entity shall be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Wealth Partners may not sell, assign, merge or transfer his or her Wealth Partner entity (or rights thereto) without the prior written approval of Company and compliance with the following conditions:
a) Company possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Wealth Partner entity. Wealth Partner wishing to sell, assign, transfer or merge his or her Wealth Partner entity must first provide Company with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Company will advise the Wealth Partner within ten (10) business days after receipt of such notice of its decision to accept or reject the offer. If Company fails to respond within the ten (10) day period or declines such offer, the Wealth Partner may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to Company to any person or entity who is not Wealth Partner, married to, or a dependent of Wealth Partner or who has any interest in Wealth Partner;
b) The selling Wealth Partner must provide Company with a copy of all documents which detail the transfer, including, without limitation, the name of the purchaser, the purchase price and terms of purchase and payment;
c) TRIEARN Capital Administration transfer fee of $150.00 must accompany the transfer documents;
d) The documents must contain a covenant made by the selling Wealth Partner for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Wealth Partner for a period of one (1) year from the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing by Company, the buying Wealth Partner must assume the position and terms of agreement of the selling Wealth Partner and must execute a current Agreement and all such other documents as required by Company; and
f) Company reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Company reserves the right to disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at TriEarn Capital’s sole discretion, that Wealth Partner entity was transferred in an effort to circumvent compliance with the Agreement, the Policies and Procedures, Terms and Conditions or the Compensation Plan, the transfer will be declared null and void. The Wealth Partner entity will revert back to the transferring Wealth Partner, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Company’s sole discreton, appropriate action, including, without limitation, termination, may be taken against the transferring Wealth Partner to ensure compliance with the Policies and Procedures and Terms and Conditions.
Notwithstanding any other provision of this Section, upon the death of any TRIEARN WEALTH PARTNER, the WEALTH PARTNER-ship will pass to his or her successors in interest as provided by law. However, Company will not recognize such a transfer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, will, trust or other instrument required by Company. The successor will thereafter be entitled to all the rights and be subject to all the obligations of a TRIEARN WEALTH PARTNER.
Any WEALTH PARTNER who transfers his or her WEALTH PARTNERSHIP Status must wait for three (3) months after the effective date of such transfer before becoming eligible to reapply to become an WEALTH PARTNER.
5.07 TRANSFERABILITY OF SPONSORSHIP WHEN AN AFFILIATE IS CANCELLED OR INACTIVE AND HAS PERSONAL AFFILIATES LEFT WITHOUT A SPONSOR.
When an Active TriEarn Wealth Partner cancels his/her subscription with TRIEARN CAPITAL, and/or becomes inactive as per TRIEARN CAPITAL Policies and Procedures, the WEALTH PARTNER has three (3) months to renew his/her subscription with TRIEARN CAPITAL and maintain his/her position within the Matrix. The WEALTH PARTNER may be experiencing financial, personal, and/or any other difficulties, which cause the cancellation, for a period of time, of his/her subscription with TRIEARN CAPITAL. The three (3) months period will provide the sponsor, of the cancelled and/or inactive WEALTH PARTNER, time to work with him/her directly to renew its subscription with TRIEARN CAPITAL and reactivate. If after the three (3) month period, the cancelled and/or inactive WEALTH PARTNER does not renew his/her subscription, their position in the Matrix is forfeited, and any personal WEALTH PARTNER will be rolled up to the next active upline WEALTH PARTNER, who will become the new sponsor, and would therefore qualify for Referral Bonus as outlined in the Compensation Plan.
- PROPRIETARY INFORMATION
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to WEALTH PARTNERs confidential information, including, but not limited to genealogical and Downline reports, client lists, client’s information developed by Company or developed for and on behalf of TriEarn by WEALTH PARTNERs (including, but not limited to, credit data, customer and WEALTH PARTNER profiles and product purchase information), WEALTH PARTNER lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to TriEarn and is transmitted to WEALTH PARTNERs in strictest confidence on a “need to know” basis for use solely in WEALTH PARTNERs business with Company. WEALTH PARTNERs must use their best efforts to keep such information confidential and must not disclose any such information to any third party or use this information for any non-company activity directly or indirectly as a WEALTH PARTNER and thereafter.
WEALTH PARTNERs must not use the information to compete with Company or for any purpose other than promoting TRIEARN’s program and its products and services. Upon expiration, non-renewal or termination of the Agreement, WEALTH PARTNERs must discontinue the use of such confidential information and promptly return any confidential information in their possession to TRIEARN Capital.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from TRIEARN, WEALTH PARTNERs must abide by all manufacturers’ use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
Company’s business relationships with its vendors, manufacturers and suppliers are confidential. WEALTH PARTNERs must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of Company except at Company sponsored events at which the supplier or manufacturer is present at the request of Company.
- TRADEMARKS, LITERATURE AND ADVITISING
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by Company or approved in advance in writing by Company may be used to advertise or promote a WEALTH PARTNER’s business or to sell products and services of Company. Company’s literature and materials may not be duplicated or reprinted without the prior written permission.
7.03 USE OF COMPANY NAME
WEALTH PARTNERs may use the name of Company only in the following format: “WEALTH PARTNER for TriEarn Capital”.
7.04 STATIONERY AND BUSINESS CARDS
WEALTH PARTNERs are not permitted to “create” their own stationery, business cards or letterhead graphics, if Company’s trade name or trademarks are used. Only the approved Company’s graphics version and wording are permitted; letterhead, envelopes and business cards must be ordered using the online/stationery order form.
7.05 ELECTRONIC ADVERTISING
WEALTH PARTNERs may not advertise or promote their WEALTH PARTNER business or Company’s business, products or marketing plan or use Company’s name in any electronic media or transmission, including on the Internet via web sites or otherwise, without the prior written approval of Company’s legal department.
7.06 TELEPHONE LISTING
WEALTH PARTNERs are not permitted to use Company’s trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. WEALTH PARTNERs are not permitted to list their telephone numbers under Company’s trade name without first obtaining Company’s prior written approval. If approval is granted for an “800” listing, it must be stated in the following manner: “WEALTH PARTNER for TRIEARN”.
7.07 TELEPHONE ANSWERING
WEALTH PARTNERs may not answer the telephone by saying “TriEarn Capital,” or in any other manner that would lead the caller to believe that he or she has reached the offices of the Company.
7.08 IMPRINTED CHECKS
WEALTH PARTNERs are not permitted to use Company trade name or any of its trademarks or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
WEALTH PARTNERs are prohibited from granting radio, television, newspaper tabloid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize the Company, its products or Company businesses, without the express prior written approval of Company. All media inquiries should be in writing and referred to TriEarn’s corporate mail, legal department or email sent to email@example.com
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and communications. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, WEALTH PARTNERs may not represent or imply, directly or indirectly, that TRIEARN’s programs, products or services have been approved or endorsed by any governmental agency.
WEALTH PARTNERs may not produce or reproduce for sale or personal use products sold by Company or any Company-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of Company meetings and conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
WEALTH PARTNERs should not repackage products or materials of Company.
7.13 INDEPENDENT COMMUNICATIONS
WEALTH PARTNERs, as Independent Members, are encouraged to distribute information and direction to their respective Downlines. However, WEALTH PARTNERs must identify and distinguish between personal communications and the official communications of TRIEARN.
H. PAYMENT OF COMMISSIONS
SECTION EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Registration has been received and accepted by TRIEARN. Commissions are paid ONLY on the sale of TriEarn services and products. No commissions are paid on the purchase of Sales materials or for Sponsoring WEALTH PARTNERs. In order to receive commissions on products and services sold, TRIEARN must have received and accepted an Agreement prior to the end of the commission period in which the sale is made.
8.02 COMMISSION PERIOD
A business period refers to the time period opening on the first (1st) day of the commission period and extending up until order entry closes on the last business day of the period (9: 00a.m – 3: 00p.m. GMT).
TRIEARN Capital Official activities are open Monday through Friday 8:00a.m.-3:00p.m. GMT, with the exception of certain holidays as posted by Company.
8.03 COMMISSION PAYMENTS
Commissions are paid to “active and qualified” WEALTH PARTNERs as defined within the Compensation Plan. WEALTH PARTNERs must consult the Compensation Plan for a detailed explanation of the benefits, commission structure and requirements of the Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses earned and paid on products/services returned is the obligation of and must be repaid to Company by WEALTH PARTNERs earning such commissions. Company has the right to offset such amounts against future commissions and other compensation paid or owed to such WEALTH PARTNERs who received commissions.
8.05 PAYMENT OF BONUSES AND COMMISSIONS
In order for any member or WEALTH PARTNER to receive any bonuses or commissions from the Company, the member or WEALTH PARTNER must be “Active” and in “Good Standing”. “Active” refers to a member i.e. WEALTH PARTNER that is paying their monthly subscription and using the products and services of the Company on a regular basis. “Good Standing” refers to a member or WEALTH PARTNER that does not owe any monies to TriEarn Capital.
8.06 INACTIVE EWALLET
If the WEALTH PARTNER has not logged into his/her TRIEARN CAPITAL eWallet account within Ninety (90) days, even if his/her TRIEARN CAPITAL account is still open, any and all funds in his/her TRIEARN eWallet account will be forfeited and returned to TRIEARN CAPITAL.
I.PURCHASE AND SALE OF SERVICES
SECTION NINE: PURCHASE & SALE OF SERVICES
9.01 PAYMENT OPTIONS
Payments made by credit card may be subject to up to a 24hours hold during this period we cannot guarantee your placement in the referral network until payment is authorized. If an underpayment is made, the order will not be processed until the full amount is received by TriEarn Capital. If an overpayment is made, Company will process the order and issue a credit to WEALTH PARTNER’s account, which will automatically refund on the next commission check paid to WEALTH PARTNER. Orders will not be processed if cancellation of a credit card is made. Orders for services are not effective until accepted by TRIEARN.
9.02 PROMOTIONAL ITEMS
All promotional items which bear Company name or logo must be purchased solely from Company unless prior written permission is obtained from Company.
9.03 SERVICES CLAIMS
WEALTH PARTNERs may make no claim, representation or warranty concerning any service of Company, except those expressly approved in writing by Company or contained in official TRIEARN materials.
9.04 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
- GUARANTEE AND REFUND POLICY
SECTION TEN: GUARANTEE & REFUND POLICY
10.01 MONEY BACK GUARANTEE
The Company offers a three (3) day, 100% Money Back, and Satisfaction Guarantee to all subscribers. The three (3) days, 100% Money Back Guarantee, starts from the date of purchase, includes weekends, and only applies to the initial purchase of AWP, BWP, CWP and DWP Packages. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within three (3) days of the subscriber’s initial purchase, for a full refund of the purchased price. All other warranties and guarantees are disclaimed. After three (3) days, your purchase will no longer be refundable.
Except as expressly stated herein, TriEarn Capital makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Company.
K. GENERAL PROVISIONS
SECTION ELEVEN: GENERAL PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every WEALTH PARTNER agrees to indemnify and hold harmless Company, its shareholders, officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the WEALTH PARTNERs (a) activities as WEALTH PARTNER; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
11.02 PROCESSING CHARGES
Company reserves the right to institute a processing charge for commission checks and/or genealogy requests.
11.03 OTHER SERVICES
WEALTH PARTNERs may not promote or sell another company’s services at functions organized to feature Company and its products/services. WEALTH PARTNERs are not restricted from selling the services and products of other companies, however promotion of any other companies’ services, products and/or business programs to TRIEARN WEALTH PARTNERs or Customers is strictly prohibited.
To the extent permitted by law, TRIEARN shall not be liable for, and each WEALTH PARTNER releases Company from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by WEALTH PARTNER as a result of (a) the breach by WEALTH PARTNER of the Agreement and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of WEALTH PARTNER’s business; (c) any incorrect or wrong data or information provided by WEALTH PARTNER; or (d) the failure to provide any information or data necessary for Company to operate its business, including, without limitation, the enrollment and acceptance of WEALTH PARTNER into the Compensation Plan or the payment of commissions and bonuses.
Company encourages all WEALTH PARTNERs to keep complete and accurate records of all their business dealings.
11.06 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party’s control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party’s usual source of supply.
It is the obligation of every WEALTH PARTNER to abide by and maintain the integrity of the Policies and Procedures and Terms and Conditions. If a WEALTH PARTNER observes another WEALTH PARTNER committing a violation, he or she should discuss the violation directly with the violating WEALTH PARTNER. If the WEALTH PARTNER wishes to report such violation to Company, he or she must detail violations in writing only and mark the correspondence “Attention: Legal Department”.
Company reserves the right to amend the Agreement, Policies and Procedures, Terms and Conditions, its retail prices, product and service availability and the Compensation Plan type at any time without prior notice as it deems appropriate. By entering into the TRIEARN WEALTH PARTNER Agreement, an Affiliate agrees to abide by all amendments or modifications that Company elects to make. Amendments will be communicated to WEALTH PARTNER through official Company notifications such as, but not limited to, posting on Company website, posting in WEALTH PARTNER back office, e-mail, special mailings or publications. Amendments are effective and binding upon submission to the Company website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control. The continuation of a WEALTH PARTNER business, the acceptance of any benefits under the Agreement, or acceptance of commissions from the sale of products or services constitutes acceptance of all amendments.
11.09 NON-WAIVER PROVISION
No obligation or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Company’s right to demand exact compliance with these Policies and Procedures. TRIEARN Capital’s waiver of any particular default by WEALTH PARTNER shall not affect or impair Company’s rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other WEALTH PARTNER. No delay or omissions by Company to exercise any right arising from a default effect or impair Company’s rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
11.10 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the laws of New York NY United States.
In the event a dispute arises between the Company and a WEALTH PARTNER regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the WEALTH PARTNER Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at New York NY United States. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney’s fees and costs to the prevailing party. An award of attorney’s fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Policies and Procedures are incorporated into the Agreement and, along with the Terms and Conditions and Compensation Plan, constitute the entire agreement of the parties regarding their business relationship.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures and Terms and Conditions, or any specification, standard or operating procedure which TriEarn has prescribed is held to be invalid or unenforceable, Company shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the WEALTH PARTNER shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS WEALTH PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND WEALTH PARTNER HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE WEALTH PARTNER AND ANY COMMISSIONS OWED TO THE WEALTH PARTNER.
Any communication, notice or demand of any kind whatsoever which either the WEALTH PARTNER or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, Email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.