Halo Beacon, LLC Terms and Conditions
1. Acceptances: By using our services you understand, agree and accept the below terms and conditions. By accepting these terms and conditions you understand that they substitute all previous verbal or written agreements and/or statements concerning the services that we provide.
2. Terms: The terms of this agreement shall remain in full force and effect while you are utilizing our services, until otherwise terminated.
3. Services Provided: We provide an independent commercial informational and emergence response service. By subscribing to our services, we can provide you the following types of services;
A. Urgent Response Services. This service allows you to call through our call centers so you can obtain valuable information such as where is the nearest hospital, clinic or call our call centers in the event of an emergency, where our call centers can notify police authorities and emergency medical service (EMS). Our call centers may help facilitate faster response times, by giving first responders location information and coordinates to where you can be found. In addition any pertinent medical history or information that you provide to us, we can relay to EMS when they are responding to your need (i.e.: if you are diabetic, hyper-tension, allegories, etc.). In addition we can make notifications to family, friends or other persons you listed in your contact lists and inform them about your medical situation and also provide them the latest information and directions to the hospital or source of help you are being transported to.
4. Service and Product Changes:
B. Persons Locator Services. This service allows you to call throughout our call centers so you can locate a friend or family member, such as a child or loved one, for health or safety reasons. This service can be a great advantage, especially if you have children with special medical needs, or if you have an elderly who may be lost. Note that when using this service, all callers inquiring on the location and whereabouts of minors will be subject to account and authorization verification.
C. Emergency Funds Services. Our Emergency Funds Services is a service that allows you to post a certain amount of funds in our FDIC insured business account, where you or any authorized persons on your account with us, such as a family member, will be able to contact our reps in the event of an urgent situation and be able to have the rep help get you in contact with a tow truck service, taxi or other service you are needing, and also be able to pay for such services based on the funds you have deposited. This service would be beneficial in the event you have lost your wallet or purse and are unable to get anywhere.
D. Webchat Services. In conjunction with the above services offered, we offer Webchat services to our customers. This service offers another line of communication in utilizing the above services in lieu of telephone communications to get in touch with our call center. This service can be useful if you are in a situation or circumstance where you are not able to phone us or are unable to talk. This service is automatically available when you go to the appropriate link on our website and look for the chat box. There is no need to setup an account or to have a user name or password to use this service. You may predefine duress codes/words of your choice. Presetting duress code/word combinations will enable us to maintain vigilance rapidly during a situation in which you may want our call center staff to monitor your whereabouts.
You may not preset duress codes/words with us that indicate there is an immediate, true emergency. No emergency response notifications will be made to official authorities (i.e.: police/911) solely based on your sending in a preset code/word. For such official notifications to be made, our call center must subsequently receive descriptive text messages or verbal confirmation describing that a situation is imminently developing into an emergency or is currently a situation that warrants an emergent response from official authorities.
In addition to our above services, we offer Premium and Non-Premium level services. Customers who pay for premium-level services will be able to get dedicated turn-by-turn directions for themselves and loved ones and can utilize location-based app lookup technology to assist.
Information contained on our website is subject to change without notice. In addition, we may make changes to our services and products described on our website or herein, and prices for such products or services at any time without notice. Information regarding our products and services is applicable primarily in the United States and Canada though some services are applicable to international customers. Some products and services may not be available in certain areas. Those who do access our website from other countries are solely responsible for compliance with the local laws of that country.
5. Service Upgrades:
Non-premium service customers (i.e.: Aid-Need and Traveling Knight) will have access to valuable but limited services; they will not have access to dedicated turn-by-turn directions. Customers can upgrade to premium-level service though, and upon upgrading payment of the appropriate monthly amount will be due immediately to receive premium-level services. The customer will be entitled to premium-level service for a period of one month. Customers whose account is in good standing and are up-to-date with payment may choose the payment deferral option, and they can still receive premium-level services immediately on the same call with the premium monthly payment being deferred and due one month later on the anniversary monthly pay date. The first time the customer chooses the payment deferral option, they will required to maintain premium-level service for a minimum of three months. Subsequently, if the customer downgrades to non-premium service and then requests to upgrade to premium-level service for the purpose of receiving premium-level services immediately (i.e.: turn-by-turn directions), then the customer will be required to pay the then current monthly subscription amount for the premium-level service and maintain the premium-level service for a minimum period of four months before downgrading. If the customer chooses the payment deferral option once again, then the customer must maintain premium-level service for a minimum period of 1 year before downgrading.
6. Registration Processing Requirements:
7. Initial Setup Fee:
There will be a non-refundable initial setup fee for the subscribed services. The amount of the setup fee will vary depending on the services you select. If in the case you are overcharged setup fees (i.e.: paid an extra setup fee during upgrade to premium-level service) the overcharged amount is non-refundable, but you will receive a reduced rate on your monthly service plan fee for a series of months until such time as the overcharged amount is completely offset by the rebate back to you.
8. Monthly Service Fees:
Monthly service fees will vary depending on the type of services you want to subscribe to. All services require an initial setup fee and a recurring monthly fee. The initial setup fee shall be due and payable at the time when services are set up. Recurring monthly service fees shall be due and payable on the monthly anniversary day of each and every month, until the monthly service(s) is otherwise terminated. Monthly reoccurring fee payments received each month are non-refundable. You may opt to pay for multiple months of service in advance (i.e.: write a check to cover a period longer than 1 month to save on postage/handling costs); however, you may not pay in advance for a span in excess of 1 year, and your advance payment is non-refundable. Upon subscription to our services, we will send you an automatic monthly statement regarding your current account balance via email and/or U.S. mail.
A. High Usage. If in the event there are high usage fees accumulated during the billing cycle (i.e.: accessing the nurse line at $75/call, high use of interpreter services at $2.99/minute, or $3.99/minute for Traveling Knight customers, or usage beyond 10 or 20 minutes of talk time per month depending on your plan), we reserve the right to charge you such fees prior to the billing cycle due date. There is no added charge for premium customers who accrue up to 20 minutes of talk time each month. In addition customers with service for minors and non-premium customers (i.e.: Aid-Need and Traveling Knight) can accrue up to 10 minutes of talk time per month while availing themselves of our services. Talk time to help people with directions (i.e.: directions to get others to your location or meet up with you at a location of your choice) is a service to you that counts against your minutes as well as the talk time spent providing Emergency Funds Services to the loved ones to whom you choose to extend coverage. In addition customers who choose the payment deferral option to pay their premium-level monthly service fee at a later time are subject to this provision and responsible for full payment of high usage fees. Overages of talk time in a given month will incur a $1.99/minute charge. Minutes do not roll over month-to-month. The live interpreter service is only available to customers who maintain an active credit card on file with us. You will be charged for all costs incurred for your use of the outbound calling feature of your 855-MY-ROUTE line plus a 10 cents per minute added fee. Failure to pay the amount due in full within the Grace Period shall constitute an additional late fee in the amount of fifteen dollars ($15.00). In addition a variable deposit may be required for customers who have a history of falling behind on payment.
9. Emergency Funds Service Processing Fees:
There shall be a fifteen dollar ($15.00) pay-by-phone fee to process payments for non-Premium Halo Beacon Angel service type customers. There shall be a ($2.00) processing fee for customers who supply emergency funds by check. If in the event you opt to terminate our Emergency Funds Service, you may have all funds in your account refunded back to you, which will be reduced by any unpaid amount you owe, minus a fifteen dollar ($15.00) refund fee. Or you may choose to designate that your funds be allocated to help subscribers who may find themselves stranded and short on funds. If you choose to gift your remaining funds to help others rather than receive a refund, then no refund processing fee will be assessed.
10. Method of Payment:
We accept check, money order, credit card and other electronic forms of payment. Please note that all check payments will require an additional charge for processing. If paying by check, please make check out to: "Halo Beacon, LLC".
11. Grace Period:
You shall have five (5) days from your monthly anniversary payment date, herein referred to as (the "Grace" Period) to pay for your service fees in full. Failure or neglect to make payment within the Grace Period shall constitute a late fee. Failure to provide payment after the grace period will result in immediate suspension of basic routine services until such past due payment(s) are made. Urgent emergency services will continue until the account is terminated for non-payment of services.
12. Late Fees:
Failure to provide payment in full for the entire amount due on your account within the Grace Period shall incur a late fee in the amount of fifteen dollars ($15.00). Note that the late fee amount is subject to change without notice.
13. NSF Fees:
There will be a seventy-five dollar ($75.00) fee imposed toward your monthly service fees for each NSF check returned to us.
14. Prohibited Use of Website:
Upon using any of our website offerings, including, but limited to, our webchat, our social media site, Facebook page, discussion forum and discussion groups, or webchat, you agree not to use our website or any of its materials for any purpose nor to provide any information that is unlawful, illegal, harmful, threatening, abusive, harassing, degrading, defamatory, libelous, infringing, discriminatory, prejudice, invasive and/or exploitive to any other persons or entities in any way. You agree to use our website and all our online offerings for their sole intended purposes. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website. In no event shall you use our services that will violate any local, state, federal or international law, rules and regulations in regards to unauthorized disclosure of any 3rd party personal private information, such as name, address, SSN, DOB, etc. and/or medical information. It is up to you to take precautions to ensure that whatever materials you select for your use is free of such malicious items as viruses, worms, trojan horses and other items that could reveal private information or be of a destructive nature. If in the event you violate this provision, you shall protect, defend, indemnify and hold harmless, Halo Beacon from and against any and all loss, damage, injury, liability, judgments and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from your violation of this provision.
A. Copyrights. You should assume that all content, materials, designs, text and images (collectively, the "Materials") contained on our website are copyrighted and may not be used except as provided in these Terms of Service. You may download one copy of the Materials to one computer for your personal and non-commercial home use provided you do not change any copyright, trademark, or other proprietary notice. If you modify or use the Materials for any other purpose, you will be violating the intellectual property rights of Halo Beacon, LLC. We neither warrant nor represent that your use of the Materials will not infringe on rights of third parties not affiliated with us. Any unauthorized use of the Materials is strictly prohibited and is a violation of the rights of us and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
15. Use of Subscribed Services:
A. Illegal Use of Services. Upon subscribing to our services, you agree that you are of eighteen (18) years of age or older and you agree to use our services for the purposes intended. In no event shall you use our services that will violate any local, state, federal or international law, rules and regulations or that is in any way harmful, threatening, abusive, harassing, degrading, defamatory, libelous, infringing, discriminatory, prejudice, invasive and/or exploitive to any other persons or entities. If in the event you violate this provision, you shall protect, defend, indemnify and hold harmless, Halo Beacon from and against any and all loss, damage, injury, liability, judgments and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from your violation of this provision.
16. Representation and Warranties of Services:
B. Phone Recordings. Any inbound or outbound calls may be monitored and recorded by us or any of our 3rd parties working on our behalf in rendering the subscribed services. In no event shall we disclose any phone call records to any 3rd party, unless otherwise required by the operation of law or court order.
C. Webchat conversations. Any and all webchat conversations will be monitored and recorded by us. In no event shall we disclose or send any webchat conversation to any 3rd party, unless otherwise required by the operation of law or court order. Exception: From time to time we and our staff may "cut and paste" certain information off your webchat conversation and send via email or some other electronic communication to 3rd party medical or emergency personal or entities. Example: specific location(s) of you or your loved one's whereabouts, specific information regarding RX and medical conditions or history. This "cut and paste" method will help avoid human error or data entry error when we or our staff are transcribing or relaying such specific information to 3rd party medical or emergency services that may be crucial to your safety or welfare.
All of our services we provide are on an "As-Is" and "Where Available" basis. In no event do we represent, warrant or guarantee that our services will be free from any delay, failure, interruption or corruption. Nor do we represent, warrant or guarantee that our website, including our webchat service will be error free from any technical issues or failures, bugs, etc. THE FOREGOING IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
17. Representation and Warranties of Information and Services:
It shall be your responsibility to confirm the accuracy and currency of any information you provide or disclose to us. In no event do we represent, warrant or guarantee the accuracy, reliability, completeness or currentness of any information provided or disclosed by you, or any information handled by us or by our 3rd parties in the performance of our services. In addition, in no event do we represent, warrant or guarantee the accuracy, reliability or completeness of any service(s) provided by any 3rd party (i.e.: 911, EMS, Police, Fire, FONEMED, etc). THE FOREGOING IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. You agree and shall protect, defend, indemnify and hold harmless, Halo Beacon from and against any and all loss, damage, injury, liability, judgments and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from any information that was misinterpreted, mishandled or lost by us or by our 3rd parties and any inaccuracy, unreliabilities or incompleteness or any service(s) by any 3rd party during the performances of our services.
18. Limitation of Liability:
In no event shall we assume any liability of any kind arising out of any misrepresentation, misleading or deceptive information provided or disclosed by you. You agree and shall protect, defend, indemnify and hold harmless, Halo Beacon from and against any and all loss, damage, injury, liability, judgments and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from the information you have provided or disclosed to us.
19. Third Party Liability:
In delivering our services to you we use third parties to help facilitate in our business operations, such as our call centers. These 3rd parties are independently owned and operated. We are not affiliated or employed with our 3rd parties whatsoever. In no event shall we be liable or held responsible under the use of any of our services or our website, for any acts or omissions caused by any 3rd party for any consequential, special, indirect or other damages, whether based in contract, tort or otherwise, even if we have been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
20. 911 Services Disclaimer:
In no event are we a substitute for 911 emergency services. We are a private non-governmental entity that can coordinate with 911 services by using our good faith efforts to attempt to locate you and/or to provide any preliminary medical history or information that you have provided to us. In no event can we warrant or guarantee we will be able to find an exact or around about location. Your remote area location, unavailability of GPS signal or tracking or other factors may prohibit us from tracking your location.
21. FONEMED Services Disclaimer:
In the event you use FONEMED's nurse services, you acknowledge and understand that FONEMED is not a substitute for 911 emergency services, nor are they a licensed physician. You agree to use the FONEMED service solely on your own behalf and not to give away service to anyone not subscribed to Halo Beacon services. In addition we are not affiliated with FONEMED in any way. FONEMED provides nurse healthcare advice and guidance. If in the event you are seeking a doctor's medical advice, you need to consult with your physician. FONEMED will provide certain PHI relating to nurse calls back to Halo Beacon in the course of providing seamless service.
22. Breach of Contract:
If in the event you are in violation of any of the terms and conditions set forth in this Agreement this will constitute a breach of contract. In the event of breach of contract we reserve the right to terminate immediately pursuant to §23 below. In addition you agree to indemnify and hold harmless, us for any intentional or negligence acts or omissions arising out of such breach against any 3rd party claims.
A. You may terminate your services with us at any time without cause upon calling us 3 days or more prior to your monthly reoccurring charge due date. This timeframe will allow our administrative order process to terminate the monthly reoccurring fees on your account. All services will run through the end.
B. We reserve the right to terminate the Agreement and immediately cancel your services with us for cause or for convenience.
C. In the event of any termination, you shall remain liable for any fees due under this Agreement and such obligation to pay shall survive any termination of this Agreement. If services are terminated prior to the three day mark before your monthly reoccurring charge date, you will not be responsible for charges incurred for that month. If services are terminated anytime within three days of your monthly reoccurring charge date, you will be responsible for the monthly service fee and your services will run through the end of that billing cycle. However, services from the date of termination through the end of your last billing cycle will be minimal, where no confidential and PHI information will be disclosed. Your consent to disclosure of such information will expire on the date of termination of services. All fees shall be paid in full upon the date of termination. We do not prorate any service fee(s), where the termination date is effective after the three day mark preceding your monthly reoccurring charge due date.
Upon account termination you may request to be reinstated, and to be reinstated you must begin by paying all fees due on your account. Provided your request for reinstatement is approved, a reinstatement fee of $49 will be required, and a deposit of variable amount may also be required depending on the circumstances of the termination.
25. No Waiver:
The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled. From time to time we may continue certain services for the time being, whether you qualify for such services or not. The performance of such and to not terminate such services shall not constitute a waiver of any kind.
You may not transfer, assign or convey this contract to any other person whatsoever.
27. Forum/Choice of Law:
These terms and conditions are made under and shall be governed, construed and interpreted according to the laws of the state of Wyoming, without regard to its conflict of law principles. In the event that these terms and conditions are breached, any and all disputes must be settled with binding arbitration.
28. Limitations on Claims:
If in the event you wish to bring an action against Halo Beacon for any act or omission relating to or arising from this Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Halo Beacon for such act or omission. You waive all claims that any other statutes of limitations applies.
29. Changes and Revisions: We reserve the right to make any changes or revisions to this Terms of Service Agreement at anytime with or without notice. You shall be bound to any such charges or revisions.
Halo Beacon, LLC Affiliate Agreement Terms and Conditions
This Affiliation Agreement (the "Agreement") is made and is effective by and between you, (“Affiliate”) and Halo Beacon, LLC, (“Company”). This Agreement shall be effective and remains in effect until terminated in accordance with the terms of this Agreement.
1. Parties’ Relationship:
This Agreement does not create an employee/employer relationship between the parties herein. It is the parties’ intention that Affiliate will be operating independently with the Company and not an employee to the Company. Both parties understand that all services performed by Affiliate under this Agreement are performed as an Affiliate and shall not be construed as creating any joint employment relationship between Affiliate and the Company. Affiliate will not be subjected to Company’s payroll. Company will not provide any fringe benefits, including health insurance benefits, paid vacation, or any other employment benefits to Affiliate. Company will retain sole and absolute discretion over the manner and means of carrying out its activities and responsibilities pursuant to this Agreement. Affiliate understands and acknowledges that he/she shall be fully responsible for paying all applicable federal, state, county and city taxes, source deductions, and other levies, premiums, and any license requirements and fees related to Affiliate's earnings and activities as an Affiliate working for the Company in their respective country. Affiliates located in the U.S. agree that all bonuses and commissions shall be reported on a 1099 U.S. IRS Form. The Company is not responsible for withholding, and shall not withhold or deduct from an Affiliate’s bonuses and commissions, if any, FICA or taxes of any kind, unless withholding becomes legally required. Affiliates located outside of the U.S. shall adhere and comply with their government’s applicable laws, rules and regulations.
a. “Customer” shall be defined as a person who has an existing paid subscription account with the Company.
3. Affiliate Program:
b. ”Potential Customer” shall be defined as a potential sales contact who may sign up for new Services. A Potential Customer typically has expressed interest in receiving information or has previously been sent information they requested about the Company.
c. ”Services” shall mean any and all products, services and service packages that the Company provides to its customers.
d. ”Recruiting Affiliate” shall be defined as a new Affiliate of the Company’s affiliate program has been drafted or recruited through an existing Affiliate of the Company.
e. ”Unsolicited Faxes" or “Unsolicited Email” shall mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information marketing, advertising or promotion of the Company’s Services, or any other aspect of the Company which is transmitted to any person with that person's prior express invitation or permission; or (b) to any person with whom the Affiliate has an established business or personal relationship.
f. ”Established Business” or “Personal Relationship" shall mean a prior or existing relationship formed by a voluntary two way communication between an Affiliate and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding Company Services offered by such Affiliate; or (b) a personal or familial relationship in which the relationship has not been previously terminated by either party.
g. ”Intellectual Property” shall be defined as any property with respect to Company’s business name, trade name, service names, product names, logos, images, designs, marks, illustrations, work product, trade secrets and any information that is registered, or reserved thereof, under copyright, trademark or patent protections.
h. “Confidential Information” shall be defined and include, but is not be limited to, Company’s reports, sales volumes, forecasts, marketing and advertising strategies, techniques and results, business plans, customer information, service product development, trade secrets and any other business-related information.
i. “Private Information” shall be defined as any information about an identifiable Potential Customer, Customer, or Recruiting Affiliate, including, but not limited to information relating to identity, nationality, age, gender, address, telephone number, email address, date of birth, marital status, education, employment information, income, medical history, medical condition, health care information, any health or medical-related information or personal opinions.
This is a program to allow customers and noncustomers (14 years of age or older) to get cash and discounted service incentives by being an affiliate of the Company. Customers and noncustomers under the age of 18 must get parental or guardian consent prior to enrolling into the affiliate program. As an affiliate, the Affiliate will be assisting the Company in marketing and advertising its Services to the general public. In doing so, the Affiliate will distribute the Company’s brochures and other types of marketing and advertisement media materials and sending out emails and electronic newsletters. In addition as an affiliate, the Affiliate will also sign up new customers to our subscribed Services. Company cannot make any guarantee that your cash earning potential will be successful. Each individual Affiliate’s success depends on many variables, including the Affiliate’s background, dedication desire and motivation.
4. Program Term:
The term of the affiliate program shall commence upon enrollment of the program and shall be ongoing, until either terminated for convenience or by breach of contract.
5. Affiliate Enrollment:
Each new Customer who signs up with Company’s subscribed Services is automatically enrolled into Company affiliate program and enrollment in Company’s affiliate program does not affect Customer’s termination of Company’s subscribed Services. If the Affiliate is a customer with the Company, the Customer does have the discretion to participate in Company’s affiliate program or not. Customers are not obligated or required to participate. If a Customer chooses not to auto-enroll into the affiliate program at initial signup to their Services, and then Customer subsequently decides to sign up as an affiliate at a later time, they will still fall under the Affiliate whose discount code they had originally used to sign up for Company’s Services. Participating in the Company’s affiliate program is strictly voluntary. If you are not a customer with us, you may enroll in the Company’s affiliate program free of charge.
6. Minor Enrollment:
a. Cross-Enrollment: Actual or attempted cross enrollment is strictly prohibited. “Cross enrolling” is defined as the enrollment of an individual who or entity that already has a current Affiliate Agreement on file with the Company, or who has had such an agreement within the preceding six calendar months, within a different line of enrollment except that these terms do not include a Halos for Life account in which a parent or legal guardian maintains an account in their name on behalf of their minor, which rolls over into the name of the minor when the minor reaches the age of legal majority. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. Affiliate’s shall not demean, discredit or defame other Company’s affiliates in an attempt to entice another affiliate to become part of the first affiliate’s team.
Any persons under the age of eighteen (18) years of age and fourteen (14) years of age or older may voluntarily enroll in the Company’s Affiliate program and establish an affiliate account in their own name upon parental or guardian’s legal consent. A parent or legal guardian may establish an unlimited number of Halos for Life affiliate accounts to be held in the name of the parent or legal guardian. In the program, Affiliates will be given discount codes in addition to their own original discount codes they receive when they first enroll into the Affiliate program. These additional discount codes will be name-specific to the minor child(ren). Discount codes for minor child(ren) are for designation purposes. The Halos for Life affiliate account must designate a minor of any age when such parent or legal guardian provides the Company with their written legal consent. In the Halos for Life program the Affiliate designates that commissions earnings are for their minor child(ren). Disbursement of commission earnings will be to the Affiliate who is the legal guardian or parent. Parental or legal guardian consent is required to designate that commission payouts be dispersed to a minor’s bank account rather than the bank account of the parent or legal guardian. It will be the Affiliate’s responsibility to put his or her commission earnings incurred from the discount code into a bank account or some other form of savings for the child(ren). Halo Beacon is not a financial institution and does not offer any savings, money market, trust or any other financial accounts. When the minor who has reached the legal age of majority, or at an age the minor Affiliate may become statutory liable and responsible for their own acts or omissions under this Agreement pursuant to applicable U.S. state law or the applicable law of your country, agrees to the Company’s Affiliate TOS Agreement and establishes their own bank account, then the Halos for Life affiliate account previously established on their behalf will officially roll over into their name, the affiliates from their Halos for Life account will be ported over to them, and all commission payouts will resume and continue to be dispersed to them as a legal adult. Between the point in time that the minor becomes a legal adult and when they sign up as the affiliate, all commission payouts to the Halos for Life account will be suspended. In that case where there is a time lag wherein the minor turned adult does not sign up as an Affiliate, the Halos for Life account will be held in the parent’s or legal guardian’s name and Potential Customers may still sign up for service from the Halos for Life discount codes and receive a discount. However, under no circumstances will commissions continue to be paid out to the parent or legal guardian for the Halos for Life account if their minor has become a legal adult. At any point in time in the future when the minor turned adult establishes their own Affiliate account, the commissions payable will be dispersed to them. The Company will not add interest to any commissions for any reason no matter how long the time lag to compensate any Affiliate for their failure to claim any commissions accrued from their Halos for Life account. The Company’s Affiliate Program is contractual based, and all Affiliates are legally bound to the terms and conditions herein. As such the parent or guardian will be held responsible and liable for any breach of contract arising out of the minor Affiliate’s acts or omissions, to the fullest extent permitted by applicable law. Parent/guardian’s contractual liabilities and responsibilities for the minor Affiliate’s conduct under this Agreement shall continue and terminate at the age the minor Affiliate becomes statutory liable and responsible for their own acts or omissions under this Agreement pursuant to applicable U.S. state law or the applicable law of your country. Parent/guardian’s contractual liabilities and responsibilities for the minor Affiliate’s conduct under this Agreement shall continue and terminate at the age the minor Affiliate reaches the age of legal majority or becomes statutory liable and responsible for their own acts or omissions under this Agreement pursuant to applicable U.S. state law or the applicable law of their respective country, whichever comes first.
a. Enrollment: Parent or legal guardian’s consent must be submitted to the Company prior to the minor’s enrollment, which is required to insure Company’s Affiliate TOS Agreement can be legally executable. As for automatic enrollments, a parent or legal guardian may provide consent for their minor to be enrolled at the point of original sign up for any subscribed services or at a later time. Affiliates are automatically eligible for the program. Affiliates who wish to enroll at a later time in Halo’s for Life will need to fill out an affiliate form to establish a Halos for Life account. Upon completion of the form, the Affiliate will obtain their Halos for Life discount code coupons.
7. Business Entity Enrollment:
i. For Convenience: Affiliates may terminate the Halos for Life account at any time without cause upon 30 days notice to Halo Beacon at email@example.com.
ii. For Cause: If in the event an Affiliate uses the Halos for Life account for any illegal or unlawful purposes, Halo Beacon reserves the right to immediately cancel and terminate an Affiliate’s enrollment in their Halos for Life accounts at any time.
iii. Effect: Upon termination of a Halos for Life account, any and all remaining Halos for Life Discount codes will be null and void upon the effective date of termination. Any and all pending commissions after the effective date of termination will be disbursed accordingly pursuant to this agreement.
If an Applicant is a corporation, partnership or other legal entity, all shareholder(s) of the corporate Applicant, all partner(s) of the partnership or all owners of the legal entity applicant must agree to the terms and conditions of this Agreement. A list of the names of each shareholder of the corporate Applicant, each partner of the partnership Applicant, or each owner of another legal entity must accompany the affiliate Application. All legal documentation should be submitted with the Application, including but not limited to, articles of incorporation or organization, partnership agreements, regulations, charters, licenses, shareholder agreements, partnership agreements, and other pertinent legal information. The Affiliate application can be rejected without such documentation.
8. Enrollment Requirements:
All affiliate applicants who are not current customers with the Company and are not automatically enrolled into the Company’s Affiliate program are required to submit a properly completed Affiliate Application to Company or agree to the standard terms of service when signing up for any service to be automatically enrolled as an affiliate. To become an Affiliate, a new applicant is required to also agree to an affiliate Terms of Service Agreement. The application should be accurately completed in its entirety, and the applicant(s), including all partners, shareholders and equity owners (if applicable), must agree to the Affiliate Application and Affiliate Agreement personally. Electronically submitted applications are considered as a received document. The Company reserves the right to reject any Affiliate Application at its sole discretion. Upon notification of acceptance by Company, the new Affiliate will be entered into the Company computer and electronic business files. If there are any errors on an Application, Affiliates should verify the correct information with Company as soon as the error is discovered to avoid delays in any rights under the Agreement. An Identification Number is to be inserted on the Application. This number should be either the Individual's Social Security Number, a Federal Tax Identification Number, if applying as a business, or a government I.D., such as a passport number. Your unique affiliate identification number will be assigned thereafter and should be used in all communications with Halo Beacon. Each Affiliate must immediately notify Company of all changes to the information contained on his or her Affiliate Application and Agreement (i.e., change Social Security number to Federal I.D. number, or change the form of ownership from an individual proprietorship to a business entity owned by Company,) by submitting a written request, a properly executed Affiliate Application and Agreement, and appropriate supporting documentation. If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, Activity Reports, or charges, Affiliate must notify the Company in writing to Company’s PO box or by e-mailing firstname.lastname@example.org within 60 days of the date of the purported error or incident in question. In no event shall the Company be responsible for any errors, omissions or problems not reported to it within 60 days.
9. Discount Code:
a. Moves: In addition to Affiliate’s obligations to maintain accurate and correct information to Company, if in the event an Affiliate anticipates move, Affiliate shall provide Company any new phone numbers and change of new addresse(s) to email@example.com. This will ensure timely delivery of all support materials, commission checks, etc.
Upon enrolling in the Company’s custom affiliate program Affiliate will be given a unique discount code. You may request discount codes at any time; however, requests for coupon codes are subject to availability because coupon codes cannot be permitted to be exactly alike. The Discount code is for affiliate recruitment purposes as described in §23 below. The Affiliate will need to print or write out his/her discount code on the brochures and media materials the Affiliate hands out and type his/her discount code in the Affiliate’s emails and electronic newsletters that the Affiliate sends out. When a person signs up for new service with the Company, they will provide us your discount code. This discount code will help us keep track of the number of Customers and Recruiting Affiliates that sign up through you and helps us keep track of how much compensation you have earned. For each new customer you sign up, they will be entitled to a small discount for signing up with you, provided that during their sign up with new service, they provide us your discount code. Discount Codes are not redeemable to the Affiliate.
10. Affiliate Lock-in Program:
The Company will offer an Affiliate Lock-in Program in which Affiliates may inform the Company of the Potential Customers they have contacted. Affiliates will notify Company at firstname.lastname@example.org of those Potential Customers they wish to lock in. If the Potential Customer then becomes an Affiliate but does not give a coupon discount code at sign up or list the Affiliate who referred them, they will then fall under the Affiliate who originally referred them through the Affiliate Lock-in Program. In this way the new Affiliate will be assigned to the downline of the Affiliate who had been first to let them know about the Company.
11. Affiliate Training:
Upon successful enrollment, each Affiliate must undergo a mandatory training secession. During Affiliate’s training secession, Affiliate will need to watch a slide show training video. The Affiliate training video will lay out all the highlights and do’s and don’t’s in the Company’s Affiliate Program. Upon conclusion of the Affiliate’s slide show training video, Affiliates will be required to submit, via email, the correct word phrases that were shown throughout the presentation to email@example.com. Submission of the correct word phrases is required to complete the mandatory training secession. All Affiliates are to complete the mandatory training secession before receiving any compensation, residual compensation and/or bonuses or any kind under the Company’s affiliate program. During the training session, the Affiliate will also obtain the Company’s most current Compensation and Pricing sheet.
12. Affiliate Discounts and Compensation:
All compensations earned are computed by the subscribed Services held by Customers with an active subscription who have signed up from the Affiliate’s discount code. Failure to provide or entering the wrong discount code in Affiliate’s marketing, advertising and promoting endeavors will not be accounted for and will not be compensated. Discounts and compensation amounts are laid out in our Pricing and Compensation sheet attached hereto. Company reserves the right to make changes in its Pricing and Compensation at any time without notice. Compensation will be delivered to Affiliate via Paypal or by written check, as requested by the Affiliate. Any check request for compensation will be subject to offset for shipping and handling fees on physical checks. The Company reserves the right to use other methods of electronic payouts as the Company may fit and suitable for administrative purposes.
13. Compensation Disbursement:
a. Voluntary Transfer of Funds. Any Affiliate may wish to transfer his or her funds to another Affiliate, currently enrolled in the Affiliate Program, at any time with reasonable cause, upon approval of the Company. There will be a $20.00 administrative fee due for any transfer of funds request.
b. Unclaimed Compensation: Affiliates must deposit or cash commission and bonus checks within 90 days from their date of issuance. A check that remains uncashed after 90 days will be void. After a check has been voided, Company will attempt to notify an Affiliate who has an uncashed check by sending an e-mail notice identifying the amount of the check and advise that Affiliate can request that the check be reissued. There shall be a $20.00 charge for reissuing a check. The charge shall be deducted from the balance owed to Affiliate.
Compensation will be delivered to you via Paypal or check, per your request, once you have accumulated a minimum of $20.00 or greater, provided that Affiliate is in compliance with all terms and conditions Agreement herein.
14. Residual Compensation:
See §24(b) below.
15. Affiliate Bonus Awards program:
As an incentive to an Affiliate or Affiliate Team Leader’s performance in the Company’s Affiliate program, the Company will give the Affiliate a Bonus Award. The Company has two different types of award programs. Company’s Bonus Awards may range anywhere from $10.00 -$1,000.00.
16. Death of Individual or Dissolution Company:
a. Affiliate Loyalty Award. Affiliates will receive a bonus for time spent in the Company’s Affiliate Program.
b. Affiliate Meritorious Achievement Award. Affiliates will receive a bonus for any exceptional work that has been performed by them, i.e.: mass advertising, recruitment, etc.
c. Affiliate Constant Builder Award. Affiliates will receive a bonus for steady business building.
d. Awesome Team Leader Award. Affiliate Team Leader will receive a bonus for demonstrating excellent leadership by helping out other Affiliates with noel marketing initiatives.
In the event of death of an individual Affiliate or a dissolution of an affiliate company, any compensation incurred by such Affiliate may pass to his or her heirs, or successors. Prior to disbursement of compensation, appropriate legal documentation (i.e.: death certificate, Will, etc.) must be provided to Company to facilitate effective transfer of compensation provided the following qualifications are met. The successor(s) must execute a new Affiliate TOS Agreement; comply with the terms and provisions of the Agreement; and meet all of the qualifications for the deceased Affiliate’s status.
17. Earning and Income Statements:
a. Bonus and commission checks in regard to a business entity relationship, pursuant to §7 above, under this section will be paid in a single check jointly to the devisees. The devisees must provide Company with an address of record to which all bonus and commission checks will be sent. If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal taxpayer identification number. Company will issue all bonus and commission checks and one IRS Form 1099 to the business entity.
Any Earning and Income Statements made by the Company are estimates of what an Affiliate may possibly earn. There is no guarantee that an Affiliate will make these levels of income and Affiliate accepts the risk that the earnings differ from one individual to another. Any income potential figures should not be considered a guarantee or projection of Affiliate’s actual earnings. Any representation or guarantee of earnings would be misleading. Success is achievable only from consistent sales results, which require hard work, diligence, and leadership. Affiliates agree not to make any representation or guarantee of earnings. Income examples based solely on mathematical projections are permissible so long as such projections are clearly labeled as hypothetical. §17(a) applies to all U.S. Affiliates. Affiliate located outside of the U.S. shall adhere and comply with their government’s applicable laws, rules and regulations.
a. IRS Tax Requirements: Every year, the Company will provide an IRS Form 1099-MISC (Non-employee Compensation) earnings statement to each U.S. resident who falls into one of the following categories:
18. Affiliate Testimonials Site:
i. Had earnings of over $600 in the previous calendar year; or
ii. Made purchases during the previous calendar year in excess of $5,000.
Each Affiliate is responsible for paying local, state/provincial, and federal taxes on any income generated as an Affiliate. If an affiliate company is tax exempt, the federal tax identification number must be provided to the Company.
All Affiliates enrolled in the Company’s Affiliate program may provide comments and stories regarding their experience working in the Company’s Affiliate program on the affiliate testimonial site. All Affiliates shall use the Company’s Testimonial page in a professional positive matter and no compensation will be provided for testimonials. All testimonials will be subject to Company’s review prior to publishing.
19. Company’s Policies:
Affiliate agrees that he/she has carefully read and agree to comply with Company’s policies and procedures and Company’s Compensation and Pricing, located on the Company’s website at www.HaloBeacon.com. Affiliate understands that Affiliate must be in good standing, and not in violation of this Agreement to be eligible for bonuses or commissions from the Company as outlined in the compensation program. Affiliate understands that these terms and conditions, and Company’s Compensation Program pricing and payouts may be amended at the sole discretion of the Company, and Affiliate shall be bound by such amendments. Notification of such amendments shall be published in official Company’s materials, including Company’s website at www.HaloBeacon.com. Amendments shall become effective at time of publication. The continuation of my affiliate business with the Company or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
20. Advertising and Marketing Practices:
a. All Affiliates shall safeguard and promote the good reputation of the Company and its Services. Affiliates shall engage in marketing, advertising and promotion of Company’s Services in accordance with local, state and federal laws and regulations. In no event shall Affiliate engage in any marketing, advertising and promotion practices that are discourteous, deceptive, misleading, unethical or immoral. In no event shall Affiliate offer Company’s Services to prospective or existing customers, or affiliates in conjunction with any non-Company program, opportunity or service without the express, prior permission of the Company. Affiliates may not offer any non-Company opportunity, products or services at any Halo Beacon-related meeting, training session, seminar or convention or immediately before or after such events without the prior written consent of Halo Beacon. All Affiliate advertising and marketing practice shall reflect only within the scope of Services provided by Company contained in this Agreement. In no event during the course of an Affiliate’s performance will the Affiliate misled, deceive or misrepresent any of the Services offered by the Company in this agreement to the media, to any Potential Customer, or to the public at large, thereby being out of scope of the Services rendered herein and/or for any other purposes that would solely benefit the Affiliate.
21. Advertising and Marketing Expenses:
i. Media Advertising and Marketing: Affiliates shall use the sales aids and support materials produced by the Company or produced by themselves provided such affiliate-produced materials have been preapproved by the company. Any sale aids or marketing, advertising or promotional medial materials produced by Affiliate must submit to Company for approval prior to using such materials by sending all proposed materials to Halo Beacon Compliance Department, P.O. Box 8255, Santa Maria, CA 93456 or email to firstname.lastname@example.org. Company reserves the right, at its sole discretion, to edit or discontinue any previously approved Affiliate sale aids or marketing, advertising or promotional medial materials. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to the Company through Company's website or otherwise will be treated as non-confidential and non-proprietary. Anything Affiliate submits, transmits, or posts becomes the property of the Company and the Company is free to use any ideas, concepts, suggestions, graphics, photography, or know-how contained in any aids, materials or communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you. Affiliate may choose to avoid the hassle of having their own brochures printed by purchasing brochures from the Company. Affiliates are not required to carry any product or keep a stock of physical brochures or sales aids. Affiliates who have physical brochures on hand may find making sales easier because these showcase the benefits of the Company’s Services. Each Affiliate is responsible for all print costs, and all costs associated with printing brochures and the development of their own sales aids, including any brochures, or other marketing material produced or owned by the Company, in which Affiliate opts to then purchase from the Company. In no event shall Affiliate use the names or images of Company employees, executives, consultants, athletes, celebrities and/or organizations who endorse the Company, except as specifically written in current Company-approved materials or except as permitted in writing by Company while Affiliate is making or using its own customer sale and marketing material(s).
ii. Telemarketing: Affiliates shall beware of any FTC and FCC federal law and State laws with regards to “do not call” registry rules and regulations. Violations of such federal and state rules and regulations would subject to the Affiliate to both criminal and civil fines and penalties. In no event shall an Affiliate place telephone directory display ads using the Company’s name or logo. Affiliate may not answer the telephone by saying “Halo Beacon” or “Halo Beacon, LLC” or in any other manner that would lead the caller to believe that he or she has reached corporate offices of the Company.
iii. Web Sites: Affiliates may develop their own website, provided the Affiliate uses the text of the Company’s official website; and may not supplement the content of his or her website with text from any source other than the Company. Affiliates who develop or publish their own websites must register their site(s) with the Company and receive written approval from the Company prior to the site(s) public availability. The use of any other website or web page constitutes a material breach of this Agreement.
iv. Writing Materials: To produce regular writings about the Company and its Services (i.e.: write a blog, write online articles, etc) an affiliate must first pass an online test to assess their writing skill, submit samples of past writings, and write a grammatically correct piece on a topic of the Company’s choice. Upon approval to write marketing and informational materials, all customized write-ups by the affiliate must be submitted to the Company and are continually subject to our editing process. At the sole discretion of the Company, contractors may be assigned at the affiliate's expense to assist in producing highly professional, accurate, and grammatically correct marketing materials and information.
v. Domain Names and E-Mail Addresses: In no event shall an Affiliate use or attempt to register any of Company’s Intellectual Property or any derivative thereof, for any Internet domain name or into any electronic mail address.
vi. International Marketing: Change of address from one country to another will require Affiliate to: SUBMIT a request via email@example.com. Affiliate must include the new address (Legal proof of address change, must be government issued). COMPLETE supporting documents and forms per instructions in the Help Desk Reply to your inquiry. PROVIDE payment information for processing fee with supporting documentation and forms. For each request, a $10.00 USD fee will be charged for each request or the $10.00 USD amount will be deducted from Affiliate’s commission earnings.
b. In NO event during Affiliate’s performance of his or her work, shall Affiliate express or imply, whether written or orally that Company’s Services provided herein are a replacement services or products or to be used in lieu of any physician or medical professional, same or like products and services. Any and all acts or omissions performed or conducted by Affiliate, shall be for the sole and exclusive purposes to market and advertise Company’s Services herein and for the sole and exclusive benefit of the Company.
c. In no event shall Affiliate use any marketing and advertising practices, including, but not limited to, the use or the collection of any sale aids or marketing, advertising or promotional media materials that will infringe on the rights of third parties not affiliated with the Company. Any unauthorized use of such Materials is strictly prohibited, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. Affiliate agrees to pay all legal costs associate with violating the intellectual property rights of another company. Affiliate agrees to pay all legal costs associate with violating the intellectual property rights of individuals, including, without limitation, graphic artists.
During the performances of Affiliate’s work, Affiliate agrees that he/she will be solely responsible for paying all expenses incurred by themselves, including but not limited to travel, food, lodging, reserving tables at conferences, secretarial, office, long distance telephone and other expenses. Affiliate is not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Halo Beacon. Affiliate shall be responsible for obtaining all necessary licenses and permits and for applying for all applicable federal, state and municipal laws, codes and regulations in connection with Affiliate performance and services herein.
22. Actions of Household Members or Affiliated Individuals:
If any member of an Affiliate’s immediate household engages in any activity which, if performed by the Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and the Company may take disciplinary action on the Affiliate. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively “affiliated individual”) violates the Agreement, such action(s) will be deemed a violation by the entity, and Company may take disciplinary action against the entity.
23. Recruiting Other Affiliates:
In the event a Potential Customer wants to become an affiliate with the Company, Affiliate shall ensure the Recruiting Affiliate has the Affiliate’s coupon code and direct all recruitment inquiries, questions or concerns to the company. The Affiliate’s coupon code is to allow the Company to keep track how many Recruiting Affiliates the Affiliate had engaged in and what Recruiting Affiliate belongs to what Affiliate. There are no purchases required to be an affiliate. In no event shall an Affiliate collect any monies from a Recruiting Affiliate or an existing Customer. In addition, in no event shall an Affiliate advise a Recruiting Affiliate that a purchase is required to be an affiliate or maintain their active status as an affiliate. Any Affiliate in violation of this provision with the intent to bribe Recruiting Affiliates or to collect unauthorized payments is a violation of law and is subject to immediate termination of Company’s Affiliate program and criminal and civil prosecution.
a. In no event shall an Affiliate attempt to recruit or solicit any Recruiting Affiliates listed on any Affiliate Activity Report for non-Halo Beacon business opportunities, or in any manner attempt to influence or induce any affiliate to change team leads without cause, or to consult others to terminate their affiliate status with Halo Beacon.
24. Affiliate Management and Title:
When an Affiliate brings in or recruits a Recruiting Affiliate into the Company’s affiliate program, that Affiliate will become and assume the title as, “Affiliate Team Leader” over the Recruiting Affiliate and to any other Recruiting Affiliate the Affiliate brings into the Company’s Affiliate Program. Once a Recruiting Affiliate has successfully enrolled into the Company’s Affiliate Program, the Recruiting Affiliate will assume the title as “Affiliate”. The relationship between the Affiliate and the Recruiting Affiliate shall be professional at all times.
25. 10th Roll Up Program:
a. Affiliate Team Leader’s Rolls and Responsibilities: All Affiliate Team Leaders shall be responsible to their Recruiting Affiliates to provide them the most current version of these Policies and Procedures. In addition, the team leader shall ensure that the Recruiting Affiliate completely watches any and all training presentation videos and/or slide shows and submits the appropriate verification code to Halo Beacon home office. Team leaders should be available to help their affiliate in the development of marketing initiatives, maintaining regular contact and communication with the affiliates they lead. Affiliate Team Leaders must communicate with the Company’s home office should any questions arise as to what’s permitted/not permitted, which is for the purpose of ensuring proper service and business claims are being made, and that affiliates always engage in appropriate conduct. Team leaders are also responsible to ensure that the Recruiting Affiliate obtains the Company’s current Compensation and Pricing Plan during the Recruiting Affiliate’s training secession.
b. Team Leader’s Compensation (“Residual Compensation”): As a Team Leader, you will get a percentage from each and every Affiliate you successfully recruit, who works under you in the Affiliate program. In addition the Team Leader will also get a certain percentage from each and every Recruiting Affiliate the Team Leader’s Affiliates under them recruits as well. All residual compensation percentages will be determined by the Company.
c. Affiliate Transfers: Once a Recruiting Affiliate becomes an affiliate, the affiliate may request to transfer to another Team Leader, provided that the Team Leader being transferred to is in good standing without any violation of Company’s policies or this Agreement, at anytime with cause or within 48 hours after enrollment of Company’s Affiliate Program. Both the Team Leader being transferred from and the Team Leader being transferred to will need to provide acknowledgement and consent for the transfer.
i. Transfer within 48 hours of Enrollment. Affiliate shall begin the process by sending an initial transfer request to firstname.lastname@example.org.
ii. Upon approval of their initial transfer request, the official transfer request must be submitted in writing, signed, state the reason for transfer, and be sent to Halo Beacon. All transfer requests will be review and determined on a case-by-case bases. Any causes regarding fraudulent inducement, unethical recruiting, lack of Team Leader support and communications, or any other causes as a result of Team Leader’s violations to this Agreement, is good cause for transfer.
The 10th Roll Up Program applies to every 10th Recruiting Affiliate recruited by an Affiliate, who is not auto-enrolled into the Company Program and does not have a Team Leader. Each and every 10th Recruiting Affiliate an Affiliate successfully recruits under the Company’s Affiliate Program, the Team Leader of that Affiliate will receive residual compensation from the Recruiting Affiliate and not the Affiliate that recruited that Recruiting Affiliate.
26. Genealogy Activity Reports:
a. Example: Affiliate Bob recruits a Recruiting Affiliate, Macy. When Macy successfully enrolls into the Company’s Affiliate Program, Macy is now an Affiliate under the Affiliate Program and Bob is now Macy’s Team Leader and Bob will receive residual compensation from Marcy’s efforts. When Macy decides to recruit other Recruiting Affiliates under the Company’s Affiliate Program, Macy will receive her residual compensation from her Affiliates, except for each and every 10th Recruiting Affiliate she recruits, The residual compensation from every 10th Recruiting Affiliate Macy recruits will go to Bob, thus by rolling up to the next level. This will also apply to Macy when she becomes a Team Leader, she will receive residual compensation on each and every 10th Recruiting Affiliate her Affiliate recruits under her. The 10th Roll Up Program only applies to one level up, where in the example only Macy will receive residual compensation from each 10th Recruiting Affiliate her Affiliates recruit, not Bob. This also applies to Bob’s case as well. Bob will receive residual compensation on Macy’s every 10th Recruiting Affiliates and not Bob’s Team Leader above him.
b. Auto-Enrolled Affiliates: The 10th Roll Up program will also apply to auto-enrolled affiliates, who are current subscribe customer of the Company and does not have a Team Leader before them. In this case, when the auto-enrolled affiliate who becomes a Team Leader, the residual income from each and every 10th Recruiting Affiliate, recruited by its Affiliates before him or her will designated as the Company sees fit. Such residual compensation may applied to the funding of the Company’s Award Program (as defined above), to a Good Cause (Charity) or to any other affiliate.
From time to time, the Company may offer Genealogy Activity Reports, which includes information on Affiliates downline of that Affiliate, including, but not limited to, name, address, identification number, telephone number, email address, fax number, level or rank, volume and sales statistics. Such information provided to the Affiliate is subject to confidentiality, and for the sole purpose of supporting the Affiliate to further develop their Affiliate business. Genealogy Activity Reports, including all data contained therein, constitute confidential, proprietary trade secrets of the Company. Affiliate's may not collect, distribute or gather confidential information or personal or aggregate information about other Affiliate's of the Company or their Recruiting Affiliates, except in connection with their downline and solely for the purpose of promoting their business under our Affiliate program, and to manage, motivate and train their downline. Affiliates with high privacy preferences, may send a request to Halo Beacon that their personal information be masked and rendered unviewable in the Activity Reports sent to affiliates upline of them. Likewise affiliates downline of you may request the same in which case their personal information will be masked on your Activity Reports. Affiliate's who receive the Genealogy Activity Reports may be based in countries that do not offer the same or a similar level of privacy protection as is available in the Affiliate’s own country. However, Company will take reasonable measures to ensure that the information is kept in confidence.
27. Prohibited Electronic Communications:
Except as provided in this section, Affiliates may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited email, or “spamming” relative to the operation of the Company’s business.
a. If Affiliate or anyone Affiliate know is “spammed” by another who is selling or describing the Company’s Services please contact Company at: email@example.com promptly so Company make take appropriate action.
28. Endorsements of Company’s Services or Program:
Company’s Services is neither approved or endorse by any state, federal governmental or commercial agencies or entities. In no event shall any Affiliate represent or imply that Company’s Services or its Affiliate Program has been approved, endorsed or otherwise approved by any federal or state governmental or commercial agency or entity.
29. Public News Media:
In no event shall Affiliates respond to public news media inquiries, questions or concerns regarding Company’s Services or any aspect of the Company’s business operations. All such media inquiries, questions or concerns shall be immediately directed to the Company.
30. Rights to Intellectual Property:
Nothing in this Agreement contained herein shall be implied or construed as creating, conveying, transferring, granting or conferring Affiliate ownership of Company’s Intellectual Property by having a right, license or authority to the ownership of Company’s Intellectual Property, except the limited licensed use of Company’s Intellectual Property. In no event shall an Affiliate use, reproduce, sale or distribute for profit any of Company's marketing and advertising events or speeches or Company's current or after acquired trademarks or any confusingly similar variations of its marks, in a manner that is likely to cause confusion, mistake, or deception as to the source of the Services advertised. Affiliate agrees to immediately reassign to the Company any registration of the Company names, trade names, trademarks, or Internet domain names registered or reserved in violation of this provision. The provisions of this section shall survive the termination of this Agreement.
31. Limited Use License:
a. Company, in its sole discretion, will determine whether a variation of its trademark is confusingly similar.
b. Distributors shall not use the Company’s marks in countries where the use of such marks is prohibited.
Subject to the terms and conditions hereof, Company hereby designates and grants Affiliate for the term of this Agreement, a nonexclusive, nontransferable, non-perpetual, non-sublicensable limited license to use Company’s trade name, logos and any other marketing and advertising media materials for the sole purpose of marketing, advertising and soliciting Company’s Services. Affiliate shall not, directly or indirectly: (i) copy, distribute, reproduce, use, except as explicitly permitted under this Agreement; (ii) modify, adapt, translate, create derivative works based on Company’s Service; (iii) sub-license, sell, resell, lend, rent, lease, assign, distribute or otherwise transfer any of its rights to use Company’s Service; (v) remove, alter or obscure any applicable proprietary notices from Company’s Service or any other Company marketing or advertising media materials furnished or made available hereunder; or (vii) publish or disclose to third parties any evaluation of Company’s Services without Company’s prior written consent. This limited use license granted under this Agreement is not a sale and does not transfer to Affiliate any title or ownership interest in or to Company’s Service and any other Company’s materials furnished or made available hereunder. All rights not expressly granted hereunder are exclusively reserved by and to Company, including all Intellectual Property.
During the term of this Agreement, Company may find it desirable to share its Confidential Information with Affiliate for the purpose of facilitating the Affiliate’s efforts in marketing and advertising Company’s Services herein. Affiliate shall maintain, the confidentiality of all Confidential Information received from the Company under this Agreement by using the same reasonable care and safeguards with respect to such Confidential Information as it would be used to maintain the confidentiality of Affiliate’s own information of like character. In no event shall Affiliate sell, exchange, transfer or disclosed to any third party or use such Confidential Information by Affiliate for any purpose except as expressly authorized in the Agreement. Affiliate shall be only authorized to disclose such Confidential Information if in the event such Confidential Information becomes public, or Affiliate is compelled to do so by state or federal law or court order. If in the event Affiliate is compelled to disclose such Confidential Information, Affiliate shall immediately notice Company prior to disclosure so Company make prepare proper defense.
33. Privacy of Potential Customers:
From time to time during the performance of Affiliate’s duties herein, Affiliate will receive Potential Customer’s Private Information. Such Private Information shall be used for the sole purpose in opening and establishing a new subscription account with the Company. Affiliate shall maintain, the privacy of all Private Information received from the Potential Customer during sign ups of new Services by using the same reasonable care and safeguards with respect to such Private Information as it would be used to maintain the confidentiality of Affiliate’s own private information of like character. In no event shall Affiliate sell, exchange, transfer or disclose to any third party or use such Private Information by Affiliate for any purpose except as expressly authorized in the Agreement. Affiliate shall be only authorized to disclose such Private formation if in the event such Private Information becomes public, or Affiliate is compelled to do so by state or federal law or court order. If in the event Affiliate is compelled to disclose such Confidential Information, Affiliate shall immediately notice Company prior to disclosure so Company may notice the Potential Customer.
34. Breach of Contract:
If in the event Affiliate violates any of the terms and conditions set forth in this Agreement or conduct any illegal, fraudulent, deceptive or unethical business conduct, engage in any hostile or adverse action against Company, including but not limited to, filing a legal action, or the threat thereof shall constitute a breach of contract. In the event of such breach, Company reserve the right at its sole discretion to:
35. Reinstatement in the Affiliate Program:
a. Issue a written warning allowing Affiliate to cure such breach.
b. Impose a fine, by offsetting any commissions due or become due to Affiliate.
c. Suspend Affiliate from the affiliate program for a certain time as the Company deems reasonable or terminate this Agreement immediately.
d. Pursue any legal or injunctive relief afforded to Company under applicable criminal and civil federal and state laws.
e. If in the event the Affiliate is suspended, any pay outs due to Affiliate will not be distributed until Affiliate is unsuspended from the affiliate program.
f. Violation Reporting: It is every Affiliate’s duty to report any violation(s) committed by another Affiliate. All reports or violations are strictly confidential and shall be reported directly to Company’s Affiliate Department at: Halo Beacon, LLC, P.O. Box 8255, Santa Maria, CA 93456 or email firstname.lastname@example.org. All reports shall include details of the incident, dates when the incident occurred, number of occurrences, persons involved and supporting documentation (if any).
If in the event an Affiliate is suspended from the affiliate program, the Company may require the Affiliate to undergo a training program implemented by the Company at the Affiliate’s expense prior to the suspension being lifted.
Affiliate shall indemnify and hold harmless, Halo Beacon, LLC from and against (i) any and all claims, actions, or proceedings brought by third parties, and (ii) all liabilities, damages, losses, and costs (including without limitation court costs and reasonable attorneys’ fees and fees of other professionals), in each case that arise out of (i) any breach of this Agreement by Affiliate (ii) relating to or based on the activities conducted by Affiliate, in the performance of his or her duties herein.
37. Limitation of Liability:
To the extent permitted by law, Affiliate agrees Company shall not be liable for and Affiliate’s actions and Affiliate shall waive all claims against Company for, any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Affiliate as a result of:
a. Affiliate’s breach of this Agreement;
b. The improper promotion, solicitation, representation, marketing or advertising of Company’s Services herein, and any activities related thereto, including, but not limited to Affiliate’s operation of a motor vehicle in the course of performing his or her services herein, the lease of meeting or training facilities, etc.);
i. If in the event Affiliate provides any outdated sale cost information to any Potential Customer, Affiliate shall pay the difference from Affiliate’s misrepresented sale costs and the actual sale costs. Differences shall be deducted from Affiliate’s commissions. Affiliates are responsible to keep up with all updated pricing information.
c. Any incorrect or wrong data or information provided by Affiliate to Company or,
d. The Affiliate’s failure to provide any information or data necessary for Company to operate its business or render its subscribed Services to Potential Customers.
Affiliate further releases Company, its affiliates from, all claims for consequential and exemplary damages. Affiliate further agrees to release Halo Beacon and its affiliates from all liability arising from or relating to the promotion or operation of Affiliate’s performance and services herein and any activities related to it. (e.g., the presentation of Company’s products or Company’s Compensation Program, the operation of a motor vehicle, the lease of meeting or training facilities etc.), and agree to indemnify and hold harmless, Company for any liability, fines, penalties or other awards arising from any unauthorized conduct that Affiliate undertakes during the performance of any services with regard to Company’s business.
a. Affiliate may terminate the Company’s affiliate program at anytime without cause and without reason upon 3 day written notice to Company.
39. Company Communications:
b. Company reserves the right to terminate the Agreement and immediately cancel Affiliate’s enrollment in the Company’s affiliate program for cause or for convenience.
c. In the event of termination, Affiliate forfeits any and all post-termination commission(s) thereof. If in the event of termination, the affiliate will not be eligible to promote Halo Beacon Services, and the former affiliate shall not hold himself or herself out an as Halo Beacon affiliate nor shall they publicly display the Halo Beacon logo.
d. In the event the Company terminates this Agreement for cause and the Affiliate is a Customer of the Company, Company reserves the right to immediately suspend or terminate Affiliate subscribed Services with the Company without notice.
All information provided by Company via online or telephonic, including but not limited to activity reports, personal and group sales volume (or any part thereof), enrollment activity, and accrued bonuses and commissions is believed to be accurate and reliable. Nevertheless, due to various factors including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of the information is not guaranteed by Company or any persons creating or transmitting the information. ALL VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY AFFILIATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, COMPENSATION, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF COMPANY, ITS AGENTS AND/OR REPRESENTATIVES CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AGENTS AND/OR REPRESENTATIVES CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO AFFILIATE OR ANY 3RD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO. Any access to and use of Company’s online and telephone activity reporting services and the information obtained thereby is at Affiliate’s own risk. All such information provided to Affiliate is on an "AS IS" biases. If Affiliate is dissatisfied with the accuracy or quality of the information, Affiliate’s sole and exclusive remedy is to discontinue use of and access to Company’s activity reporting services.
40. No Waiver:
The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled. From time to time we may continue certain Services for the time being, whether you qualify for such Services or not. The performance of such and to not terminate such Services shall not constitute a waiver of any kind. The existence of any claim or cause of action of Affiliate against Company shall not constitute a defense to Company’s enforcement of any term or provision of the Agreement.
In no event shall Affiliate transfer, assign, convey or sub-license or otherwise transfer the rights or license granted hereunder, by operation of law or otherwise, without the prior written consent of Company. Company may freely assign or transfer this Agreement. This Agreement shall inure to the benefit of each party’s successors and permitted assigns.
42. Changes and Revisions:
Company reserves the right to make any changes or revisions to this Terms of Service Agreement at anytime. Such changes will be effective immediately, upon notice via email to all Affiliates enrolled in this program. Affiliate shall be bound to any such charges or revisions. It shall be the Affiliate’s responsibility to check their emails and maintain a record of the most updated Affiliate TOS Agreement.
43. Point of Contact:
Our Legal Department serves as a point of contact for legal matters. You may email to keep us abreast of legal developments or send questions to email@example.com.
44. Internet and Wireless Access of Services and Charges:
Our services do not include Internet access. You are responsible for paying the fees charged by your Internet access or Wi Fi providers. Those fees are in addition to the fees you pay us for our services. If you use a dial-up modem to access our online services, you may incur roaming, toll, or other access charges, depending on the number you call and from where you call. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. If you access our services through wireless devices, your wireless carrier may charge fees for web browsing, alerts, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access our services through any wireless or other communication service.
45. Limitations on Claims:
If in the event an Affiliates wishes to bring an action against Company for any act or omission relating to or arising from any article of this Affiliate Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Company for such act or omission. Affiliate waives all claims that any other statutes of limitations applies.
46. Forum/Choice of Law:
These terms and conditions are made under and shall be governed, construed and interpreted according to the laws of the state of Wyoming, without regard to its conflict of law principles. In the event a dispute arises between the parties with regard to compensation or discount incentives such disputes must be settled with binding arbitration. In the event that this Affiliate Agreement is breached, the Company reserves the right to immediately seek litigation in the state and federal courts of competent jurisdiction in the State of Wyoming.
Halo Beacon, LLC Misc Provisions
1. Notices: All notices, statements or other communication, with the exception of our webchat services, shall be deemed delivered under this Agreement when such communication has been delivered in person or sent via mail delivery or electronic delivery, maintaining physical or electronic record of its delivery to the addresses listed on your Electronic Personal Record. Please note that our call center recipients of our webchat services are rendered and randomly directed to such recipients and is based on the next available call center rep. Any specific electronic or paper communication shall be conducted or performed via in person or sent via email, fax, etc, identifying the specific intended recipient(s) of whom the written communication is intended to be directed to.
2. Arbitration: In the event of dispute between the parties herein or dispute with regards to compensation and discount incentives between the parties herein, each party agrees to settlement of their dispute in binding arbitration. In no event shall we be subject to any class action lawsuits. Arbitration shall be pursuant to and governed by the rules of the American Arbitration Association. An Arbitrator shall be mutually selected between the parties herein. The Arbitrator shall have the authority to award costs to whichever party he or she deems appropriate. The decision of the Arbitrator shall be final, conclusive and binding upon the parties hereto; and there shall be no appeal from the award of the arbitrators or arbitrator in accordance with the provisions of the court having appropriate jurisdiction. Costs for arbitration shall be equally split between the parties herein. In no event shall our monetary liabilities in any disputes arising out of this Agreement or our services shall exceed the total costs of the services rendered.
3. Severability: If any of the provisions under any article in this document are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the terms and conditions as a whole.
4. Force Majeure: Company shall not be responsible for any delay or failure in its performance hereunder and shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of all articles in this document that comprise this agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes and other like events that are beyond the reasonable anticipation and control of the Company, despite Company’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Company’s failure to perform its obligations under this entire agreement.
5. Binding Agreement: This entire Agreement with all its articles and any Addenda thereof shall be binding upon and inure to the benefit of the parties hereto.
6. Entire Agreement: This document with all articles of Agreement and any Addenda thereof constitute the final and entire Agreement between the parties hereto. Any other agreement(s) between the parties herein are superseded and of no force or effect.
Halo Beacon, LLC Consent & Release of Information
The effective date of my consent and my release of claims and liabilities under this Article shall commence upon the execution date of this Agreement and shall continue to be effective until termination of my subscribed services with Halo Beacon.
2. Warranties and Representation:
I hereby warrant and represent the following information:
a. I am the lawful legal owner of the information that I have provided in the Electronic Personal Record.
3. 3rd Party Disclosure:
b. I am of sound mind and judgment. I hereby render my express written consent to give, consent, freely and voluntarily without inducement, and grant to Halo Beacon, its employees, representatives, agents, assigns, successor, and any other 3rd parties on the behalf of Halo Beacon, the right of use of any and all text, information or material written or typed contained in the Electronic Personal Record.
c. The information I have provided in the Electronic Personal Record is true and accurate to the best of my knowledge and belief.
d. I shall forever release, indemnify and hold harmless, Halo Beacon, its employees, representatives, agents, assigns, successor, and any other 3rd parties on the behalf of Halo Beacon from any and all actions, claims, demands, losses, and liability arising out of or related to the inaccuracy or falsehood of the information I have provided in the Electronic Personal Record and any misrepresentation of the above warranties and representation herein.
I understand, acknowledge and agree that the use of any and all information in whole or in part contained in the Electronic Personal Record will be disclosed to applicable 3rd parties for Halo Beacon’s sole intended purposes to render the contracted, subscribed services.
4. Release and Discharge of Liability:
I and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, and shall forever discharge, Halo Beacon, its employees, representatives, agents, assigns, successor, and any other 3rd parties on the behalf of Halo Beacon from pursuing any and all actions, claims, demands, losses, and liability for the following;
a. arising out of or related to the use and disclosure of any and all text, information or material written or typed contained in the Electronic Personal Record, whether arising from negligence of Halo Beacon, to the fullest extent permitted by law.
b. arising out of, from or in connection with my enrollment and participation in the Halo Beacon, LLC Affiliate Program or in connection with any illness, injury or cost of medical treatment in connection therewith.
I and on behalf of my heirs, assigns, personal representatives, and next of kin, shall indemnify and hold harmless, Halo Beacon, its employees, representatives, agents, assigns, successor, and any other 3rd parties on the behalf of Halo Beacon from any and all actions, claims, demands, losses, and liability for the following;
a. arising out of or related to the use and disclosure of any and all text, information or material written or typed contained in the Electronic Personal Record, whether arising from negligence of Halo Beacon, to the fullest extent permitted by law.
b. arising out of, from or in connection with my enrollment and participation in the Halo Beacon, LLC Affiliate Program or in connection with any illness, injury or cost of medical treatment in connection therewith.
In addition, I hereby acknowledge and agree to compensate Halo Beacon, LLC, its employees, affiliates, agents, representatives and any 3rd parties on behalf of Halo Beacon, LLC for reasonable attorney’s fees and expenses arising in connection therewith.