Legendary Romance LLC
d/b/a LegendaryYou.com
Terms & Conditions
I am of legal age in the state in which I enter this Agreement. I understand that I am not a Certified Enterprise Owner (CEO) until the Company has accepted an original Agreement, signed in full, at its home office.
I am entitled to cancel this Agreement at any time and for any reason with written notice to the Company. The Company will buy back from a resigning CEO unused and currently marketable inventory and sales aids purchased from the Company within 30 from the date of receipt of merchandise first ordered (90 days in Maryland and Puerto Rico; one year in Idaho, Montana, Oklahoma and Texas, no time limit in Massachusetts, Georgia, Louisiana, and Wyoming) at 90% of the CEO’s net cost, less appropriate setoffs and legal claims. Additionally, a Montana CEO who cancels within 15 days is entitled to a 100% refund of any consideration given to participate.
As an Independent CEO I will:
• Provide training and motivation to my CEOs.
• Study the products/services literature and promote retail sales.
• Represent the Company products/services in an honest manner.
• Honor the Company Customer Guarantees.
• Be professional, courteous, and considerate.
• Not misrepresent the Company’s Compensation Plan.
• Become familiar with, and abide by, the Company Statement of Policies and other materials as prescribed by the Company.
I understand that Independent CEOs cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
I understand that, as an Independent CEO, I will not, for any reason, act as spokesperson for the Company and its products/services, in any manner, to any media or publication, without prior, written authorization. I will not create, print, publish, or distribute any literature or materials representing the Company or its products other than those from, or approved in writing by, the Company.
I understand that, as an Independent CEO, I have the following rights: (a) to sell the products/services offered by the Company in agreement with the Company Compensation Plan, Sales Policies, Policies, and (b) to sponsor Independent CEOs in agreement with the Company Compensation Plan and Statement of Policies.
I understand that I will make no claims or warranties of any kind, including, but not limited to, any claims for earnings or benefits concerning its products, other than those included in the Company’s written literature. I will not make product claims which are not stated in official Company literature, and I am not permitted to create my own literature, sales aids, or training materials, without written consent from the Company.
If I fail to pay for products or services, the Company is authorized to withhold the appropriate amounts from my commission and bonus checks, or credit card/electronic checking accounts, if any, which I have authorized the Company to charge. If payment owed is not made, I understand that I may, at the Company’s discretion, lose my marketing organization and future commissions and bonuses, and may be placed on inactive status by the Company for an indeterminate period. The Company will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other acts outside of the control of the Company.
As an Independent CEO, I understand that I am an independent contractor, and not an agent, employee, or franchisee of the Company. I understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts, or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.
I understand that my acceptance of this Agreement does not constitute the sale of a franchise or a security, no exclusive territories can be granted to anyone, and that no franchise fees have been paid, nor can I acquire any interest in a security by the acceptance of this Agreement.
The Company may, at its discretion, amend the Company Compensation Plan and Statement of Policies and/or terms of the Independent CEO Agreement. Notification of such changes shall be published in newsletters, broadcast by Email, written or published material circulated or made available to all Independent CEOs. I agree to abide by all such amendments. The continuation of my Business, and/or my acceptance of products, commissions, and bonus checks, or other payments from the Company, constitutes my acceptance of any and all amendments.
My CEO position cannot be sold, assigned, or transferred without prior, written approval from the Company.
I have carefully reviewed the Company Compensation Plan and Statement of Policies, and acknowledge that they are incorporated as a part of this Agreement in their present form and as modified from time to time by the Company. My violation of any of the terms of this Agreement or the Company Statement of Policies may result, at the Company’s discretion, in forfeiture of commission and bonus checks, or other payments from the Company; loss of all or part of my marketing organization; or cancellation of this Agreement.
This Agreement constitutes the entire agreement between the parties, and no other promises, representations, guarantees, or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
The term of this Agreement is one year. This Agreement can be renewed annually on each anniversary date of the acceptance of this Agreement, unless otherwise canceled or extended by the Company. A renewal fee of $20.00 will be charged.
This Agreement shall be governed by the laws of the State of Oklahoma, and any claims or disputes between parties to this Agreement shall be subject to binding arbitration under the Commercial Rules of the American Arbitration Association, with arbitration to be held in Edmond, Oklahoma. Louisiana residents may choose jurisdiction in, and arbitrate in New Orleans, Louisiana.
Becoming a CEO:
(A) To become a CEO, a person must first sign the application/agreement. This agreement must be received and accepted by the Company. Fax copies will suffice to place a new Independent CEO in the compensation plan of the sponsor, but no commissions will be paid until the original copy of the agreement is received in the office. Once these steps are completed, the CEO is authorized to resell products and to enroll new CEOs into the marketing plan.
(B) CEOs pay the $20.00 administrative fee for entry and maintenance of data processing, sales materials, monthly communications, and training materials. Every CEO should lead by example. CEOs are expected to maintain a strong retail base so their downlines will understand that this is the heart of the business. The Company's main focus is for the leaders to teach their downlines the retailing process.
(C) All CEOs shall be of legal age in the state in which they reside.
Obligations of Independent CEOs:
Independent CEOs are Independent contractors of the Company; not employees or agents. This is a precious form of independence that allows CEOs to select the hours of work, when they work, and where they work. The Company has no direct control of Independent contractors in their day-to-day functions as Independent CEOs. However, there are certain obligations that each Independent CEO must fulfill to protect their opportunity, and those of others. The major obligations are: (1) Abide by any and all federal, state, provincial, county and local laws, rules and regulations pertaining to the Independent contractor/Independent CEO agreement and/or the receipt, holding, acquisition, distributing, selling, or advertising of Company products/services. (2) The Independent CEO will bear the expense to execute and file all such reports, and obtain such licenses as are required by law or public authority, with respect to his or her business. This also includes the receipt, selling, holding, distributing or advertising of Company products/services. (3) Independent CEOs will not make any claims or representations regarding the Company compensation plan, or earnings that they or others may earn. Some states have stringent policies of this matter and violation may cause the Company and other Independent CEOs harm. (4) Independent CEOs are solely responsible for declaration and payment of all local, state, provincial, federal and general taxes, and fees as may be payable because of the Independent CEO’s activities in connection with his or her Independent business. (5) As an Independent contractor, each Independent CEO is responsible to ensure that all applicable state, provincial, and general sales taxes are paid in accordance with all laws that pertain to such taxes.
Advertising, Trademark and Trade Name Restrictions:
Independent CEOs may not use the Company trade name, or any trademark registered to the Company, except in advertising approved by the Company. Independent CEOs will not create, publish or distribute any literature, materials and/or merchandise (including displays), that is not approved in advance by the Company. This is done to protect the integrity of the marketing opportunity for all Independent CEOs.
Responsibility of CEOs:
The CEO position is one of trust and leadership. Recruiting new CEOs is only one minor part of the Company’s leadership. A CEO must perform supervisory, training and leadership functions to provide for the retail sale of products/services to end customers. Training and motivation are key elements to increasing retail sales. This is the intent of paying commissions to sponsors of other CEOs.
Ownership Transfer:
Sale of an Independent CEO position requires the prior written approval of the Company before such action is taken. Transfer requires written approval of the first five upline sponsors in the Company. A fee of $100 will be charged for administrative expenses incurred by the Company for the transfer.
The Company Independent Contractor Identification Number:
Independent CEO identification numbers will be sequential numbers that are linked to the CEO’s Social Security Number (SSN). If the Independent CEO is a small business, partnership, or corporation a federal tax identification number may be used, which will be linked to a sequential identification number. With the expansion into foreign countries, proper preparation of applicable tax numbers for those countries will be the responsibility of the local CEO unless the Company makes other provisions. False or misleading information submitted to the Company in the application process of becoming an Independent CEO is grounds for termination.
Record Keeping For Federal, State and Local Purposes:
If you earn over $600 or more from the Company in a given year, you will receive a form 1099 showing your earnings. You are responsible for all actions concerning payment of income and social security taxes. Independent CEOs should keep records of all business expenses. These expenses would include postage, car mileage, advertising, business related telephone costs, home office supplies, sales meeting expenses, bookkeeping expenses, and many of the additional deductions an Independent contractor can take. A recommended publication is IRS Publication 911 For Direct Sellers, available from any IRS Office, or the IRS web site.
Commissions, Checks and Monthly Business Reports:
Commissions will be paid based on weekly performance via debit cards. Commission payments will be twice monthly on the 22nd day of the month for the commissions earned on the 1st to the 15th of that month, and on the 7th of the month for the commissions earned on the 16th to the end of the month for the previous month. When the 7th or the 15th day falls on a holiday, the commissions will be posted the previous business day. There is a $20.00 service fee for paper checks delivered by mail. Each Independent CEO qualifying for a commission and bonus check may order Genealogy reports showing the status of each Independent CEO in their organization. The report will show the calculation of the Independent CEO’s earnings. A fee of $20.00 may be charged, plus a data processing fee of five cents ($.05) per line after the first 50 lines in the report, not to exceed three percent (3%) of earnings. Independent CEOs will find this monthly report an excellent tool to fine-tune their organization. A survey of the report will help show where an executive can motivate, train, and supervise, to maximize productivity of his or her organization. Check and genealogy fees will be deducted from earned commissions, if that amount is large enough, otherwise advance payment will be required for genealogies.
Questions or Errors:
The Company will not be responsible for omissions, errors, or problems with commissions, bonuses, business reports, orders or charges after a 45 day time period. Notify the Company immediately of any suspected discrepancy, in a timely manner.
Training of Independent CEOs:
Initial training involves reading the material for Independent CEOs, who will receive a wealth of information made available online. CEOs are encouraged to get initial retail sales training and assistance from their Independent CEO sponsor. The Company's web sites, printed material, audio tapes, and video material will contain a wealth of information. Training will also be done by other Independent CEOs. From time to time, the Company will provide training sessions in areas of concentration. Training is an essential part of establishing a strong organization.
Roll up and Compression:
If an Independent CEO fails to order in a particular month, or drops out of the Company, the volume of the next person ordering moves up through the inactive position.
Transfer of Organizations:
An active CEO may change organizations by getting written permission from the next five levels above them. This is not encouraged by the Company. Any manipulation to increase volumes for the purpose of collecting bonuses will be discouraged by the Company. The person requesting to change organizations must get a change form from the Company. Each person in each of the five levels must sign an original copy, with a legible signature that matches the one the Company has on file for that individual. No photocopies or faxes will be accepted. There will be a $100 fee for processing each action. All requests will be carefully reviewed to make sure the change will not violate legal or ethical consideration. All such changes are subject to final approval by the Company. The expected processing time is 30 days. The use of false names and business entities with different social security numbers or federal I.D. numbers to circumvent this policy are prohibited.
One Position – Spouses:
An individual may have a financial interest in only one CEO position. The use of corporate form, trust, or partnership in an attempt to circumvent this rule will not be tolerated. Spouses desiring their individual CEO positions are permitted to do so, but must have the same sponsor, or sponsor one another, to avoid even the appearance of stacking, and to protect the integrity of the lines of sponsorship.
Voluntary/Involuntary Cancellation of Independent CEO Agreements:
Voluntary or involuntary cancellation of an Independent CEO agreement will result in the person or business entity losing all rights to their marketing organization. An Independent CEO whose agreement is canceled will not receive commissions and bonuses during the month of cancellation, and thereafter. In the case of returns and cancellations, the amount returned will be deducted from upline volumes. The individual or entity will not represent themselves as Independent CEOs for the Company thereafter.
Involuntary Termination:
An Independent CEO, (or any business entity acting as such) that violates any of the terms and conditions of the Independent CEO agreement, or any part of these policies and procedures, or engages in illegal or unethical conduct in business, may be terminated at the Company's discretion. This action will result in cancellation of the Independent contractor/Independent CEO agreement. This will result in the Independent CEO, or business entity losing their marketing organization, bonuses and commissions. The notification of termination is effective the date that written notice is mailed by certified mail, return receipt requested, to the last known address of the Independent CEO or business entity.
Cross Recruiting Prohibited and terms of Company Promotion:
Independent CEOs may be active in other network marketing ventures, but are prohibited from soliciting CEOs from the Company to other network marketing ventures that compete directly with the Company. This act of recruiting is reason for termination, or suspension of commission payments. The use of name lists to include addresses and phone numbers is also considered a violation of this policy. It is also a violation of federal privacy act laws. Independent CEOs will not offer any other products or services for sale at any Company training seminar, rally, launch, or convention. Any negative or disparaging statements against the Company are grounds for termination. Any violations of these procedures will subject the Independent CEO to termination.
Media Relations:
All inquiries from radio stations, television stations, magazines or newspapers will be referred to the Company. An Independent CEO may not discuss their Independent business with the Company with the media, or act as a spokesperson for the Company. All questions will be referred to the Company's corporate office. Media activity planned by CEOs will need pre-approval from the corporate offices. Inaccuracy in the media can be dangerous to Independent agents and their business, thus affecting the Company. Violation of this policy is cause for involuntary termination.
Independent CEO Positions can be Willed:
A Company business position can be willed to heirs. Documentation will be in accordance with the county, state, or province in which the Independent CEO lived at time of death. The "title" to the business shall be free of all claims and disputes before transfer to the inheritor. The inheritor will initiate an Independent marketing agreement and abide by these policies and procedures. The inheritor shall sign the marketing agreement in a timely manner, or risk involuntary termination of the CEO.
Restrictions on International Marketing:
The income opportunity will not be promoted in foreign countries, nor any other actions detrimental to the Company, until the Company is in full compliance and ready to operate in those countries.
Binding Arbitration:
In accordance with the signed marketing agreement, and these policies and procedures, the Independent contractor as an Independent CEO agrees that in a case of dispute, they are subject to binding arbitration in Edmund, Oklahoma by the rules of the American Arbitration Association. Louisiana residents shall be entitled to file for arbitration in the jurisdiction of Louisiana and the governing law shall be Louisiana law.
Changes, Amendments or Adjustments to this Statement of Policies, The Independent Marketing Agreement and Compensation Plan:
With notification to Independent CEOs, the Company may, at its discretion, change, amend or adjust the Statement of Policies, The Independent Marketing Agreement and the Compensation Plan. By signing the Independent CEO Agreement, Independent CEOs agree to be bound by any such alterations. The continuation of an Independent CEO’s business and/or the Independent CEO’s acceptance of commission checks constitute their acceptance of any alterations.