Global Connection Network
Aka (GCN4busines,GCN Fantastic Deals)
STATEMENT OF POLICIES, PROCEDURES AND
TERMS & CONDITIONS
Effective January 1, 2020
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking "I agree" to this Agreement, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click "I agree". Please check this Agreement periodically for changes as the owner of this site ("Company") reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement.
SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into a Professional Business Member Agreement
1.3 Purpose Of Policies
1.4 Changes To The Professional Business Member Agreement, Policies And Procedures, Or Compensation Plan
1.6 Policies And Provisions Severable
SECTION 2 – BECOMING A Professional Business Member
2.1 Requirements To Become A Professional Business Member
2.2 Inventory Requirement
2.3 New Professional Business Member Registration By Facsimile Or Internet
2.4 Professional Business Member Benefits
2.5 Term And Renewal Of A Global Connection Network Business
SECTION 3 – INCOME DISCLOSURE POLICY
SECTION 4 – ADVERTISING
4.1 Zero Tolerance Toward Slamming
4.2 Offering And Terms Of Service
4.3 Adherence To The Global Connection Network Compensation Plan
4.4 Use Of Sales Aids
4.5 Intellectual Property
4.6 Distribution Policy
4.7 Blogs, Social Networks, Online Auctions, And Other Online Forums
4.8 Domain Names And Email Addresses
4.9 Sales Mediums
4.10 Advertised Price
4.11 Generic Business Advertisements
4.12 Media And Media Inquiries
4.13 Unsolicited Email And Fax Communication
SECTION 5 – OPERATING A Global Connection Network BUSINESS
5.1 - Business Entities
5.1.1 Changes to a Business Entity
5.1.2 Change of Referrer
5.1.3 Change of Placement
5.1.4 Cancellation and Re-application
5.1.5 Addition of Co-Applicant
5.2 Unauthorized Claims And Action
5.3.1 No solicitations
5.3.2 Sale Of Competing Goods Or Services
5.3.3 Targeting Other Direct Sellers
5.3.4 Privacy and Confidentiality
5.3.5 The Data Management Rule
5.4 Cross Recruiting
5.5 Governmental Approval Or Endorsement
5.7 Income Taxes
5.8 Independent Contractor Status
5.9 International Marketing
5.10 Inventory Loading
5.11 Sponsorship Rights
5.13 One Global Connection Network Business Per Professional Business Member
5.14.1 Transfer Upon Death of a Professional Business Member
5.14.2 Transfer Upon Incapacitation of a Professional Business Member
5.15 Sale, Transfer, Or Assignment Of A Global Connection Network Business
5.16 Separation Of A Global Connection Network Business
SECTION 6 – RESPONSIBILITIES OF Professional Business Members
6.1 Change Of Address, Telephone No., Email Address
6.2 Referring Professional Business Members Responsibilities
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.3 No disparagement
6.4 Reporting Policy Violations
SECTION 7 – SALES REQUIREMENTS
7.1 Product Sales
7.1.1 Sales Receipts
SECTION 8 – BONUSES AND COMMISSIONS
8.1 Bonus And Commission Qualifications
8.2 Errors Or Questions
8.3 Bonus Buying Prohibited
8.4 Returned EquiPBMent
SECTION 9 – PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
9.1 Product Guarantee
9.2 Procedures For All Returns
SECTION 10 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
10.1 Disciplinary Sanctions
10.2 Grievances And Complaints
10.4 Leadership Council Hearing Panel Procedures
10.6 Governing Law, Jurisdiction, And Venue
SECTION 11 – PAYMENTS AND SHIPPING
11.1 Returned Checks
11.2 Restrictions On Third Party Use Of Credit Cards And Checking Account Access
11.3 Sales Taxes
11.4 Shipping And Backorder Policy
SECTION 12 – EFFECT OF CANCELLATION
12.1 Effect Of Cancellation And Termination
SECTION 13 – DEFINITIONS
Global Connection Network
STATEMENT OF POLICIES AND PROCEDURES
Effective January 1, 2020
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics
Global Connection Network (hereafter “GCN” or “the Company”) is a values-based company that prides itself on the quality and character of its Professional Business Members (PBM). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every GCN PBM (Professional Business Member) is expected to practice the following ethical behavior when acting in the name of the company:
I will be respectful of every person I meet while doing GCN related business.
At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
I will not engage in activities that would bring disrepute to GCN, any GCN corporate officer or employee, myself, or other Professional Business Members.
I will not make discouraging or disparaging claims toward other GCN PBMs. I will ensure that in all GCN business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
I will provide support and encouragement to my Business Customers and retail customers to ensure that their experience with GCN is a successful one. I understand that it is important to provide follow-up service and support to my sales organization.
I will correctly represent all the bonus/compensation plans available through GCN and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success, or use compensation checks as marketing materials. I further understand that I may only disclose my GCN income to recruit a potential Professional Business Members after I have given a copy of the Income Disclosure Statement to the potential PBM(s).
These Policies and Procedures (“Policies”), in their present form and as amended in the sole discretion of GCN, are incorporated into, and form an integral part of, the GCN Professional Business Member Agreement (hereafter “PBM Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the GCN Professional Business Member Agreement, these Policies, and the GCN Compensation Plan. These documents are incorporated by reference into the PBM Agreement (all in their current form and as amended by GCN). It is the responsibility of each Professional Business Member to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When referring a new PBM, it is the responsibility of the sponsoring Professional Business Member to provide the most current version of these Policies to the applicant prior to his or her execution of the Professional Business Member Agreement.
1.3 - Purpose of Policies
GCN Professional Business Members are required to comply with all of the Terms and Conditions set forth in the Agreement which GCN may amend at its sole discretion from time to time, as well as all federal and state laws governing their GCN business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in these Policies carefully. They explain and govern the relationship between you, as a PBM, and the Company.
1.4 - Changes to the PBM Agreement, Policies and Procedures, or Compensation Plan
Because international federal, state, and local laws, as well as the business environment, periodically change, GCN reserves the right to amend the Agreement and the prices in its GCN Product Price List at its sole and absolute discretion. Notification of amendments shall appear in Official GCN Materials. Amendments shall be effective upon publication in Official GCN Materials, including but not limited to, posting on GCN’s website, e-mail distribution, publication in GCN’s newsletter, product inserts, or any other commercially reasonable method. The continuation of a Professional Business Member’s GCN business or a PBM’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.5 - Delays
GCN shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood and death, curtailment of a party’s source of supply, or government decrees or orders.
1.6 – Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
1.7 – Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of GCN to exercise any right or power under the Agreement or to insist upon strict compliance by a Professional Business Member with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of GCN’s right to demand exact compliance with the Agreement. Waiver by GCN can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING A PROFESSIONAL BUSINESS MEMBER
2.1 - Requirements to Become a Professional Business Member
To become a GCN PBM, each applicant must:
Be of the age of majority in his or her state of residence;
Reside in the United States or other countries which have been officially opened by GCN;
Have a valid Social Security Number or Federal Tax Identification Number;
Submit a properly completed and signed PBM Agreement to GCN via electronically
Be current on all administrative fees.
2.2 - Inventory Requirement
No person is required to purchase the GCN platform, equipment or cell phone service plans to become a Professional Business Member or to participate in the compensation plan.
2.3 - New Professional Business Member Registration
By clicking on the check box that you agree to the Terms and Conditions of the company you accept all of the Policies, Procedures, Terms and Conditions of the Company.
2.4 – Professional Business Member Benefits
Once a Professional Business Member Agreement has been accepted by GCN, the benefits of the Compensation Plan and the PBM Agreement are available to the new PBM. These benefits include the right but not limited to:
Purchase GCN equipment and cell phone service plans;
Sell GCN equipment and cell phone service plans;
Participate in the GCN Compensation Plan (receive bonuses and commissions, if eligible);
Refer other businesses and individuals or PBMs into the GCN business and thereby build an organization and progress through the GCN Compensation Plan;
Receive periodic GCN literature and other GCN communications;
Participate in GCN-sponsored support service training, motivational and recognition functions; and
Participate in promotional and incentive contests and programs sponsored by GCN for its Professional Business Members.
Selling and purchasing other products and services from GCN.
2.5 - Term and Renewal of a GCN Business
The term of the PBM Agreement is one year from the date of its acceptance by GCN (subject to reclassification for inactivity after four months). Every Professional Business Member Agreement must be renewed each year.
SECTION 3 – INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, GCN has developed the Income Disclosure Statement (“IDS”). The GCN IDS is designed to convey truthful, timely, and comprehensive information regarding the income that GCN Professional Business Members earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective PBMs.
A copy of the IDS must be presented to a prospective PBM (someone who is not a party to a current GCN PBM Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one PBM earned over a million dollars last year” or “Our average ranking PBM makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher ranking PBMs is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.” Copies of the IDS may be printed or downloaded without charge from the company website at www.GCN.com/IDS.
SECTION 4 – ADVERTISING
4.1 - Zero Tolerance toward Slamming
A "slam" is defined as any practice that changes a business customer’s telecommunications service without the customer’s knowledge or consent.
The Federal Communications Commission (FCC), Federal Trade Commission (FTC), State Attorneys General and other governing regulatory agencies have rules that strictly prohibit slamming. Slamming rules are enforced through a variety of methods, including fines and revocation of the offending company's authority to provide service.
GCN HAS ADOPTED A ZERO TOLERANCE POLICY TOWARD SLAMMING. A PBM is encouraged to act quickly and respond within the required timeframe to any request GCN may make and this situation should be their number one priority until it is resolved. If a GCN PBM receives a letter notifying them that a slam investigation is currently underway for one of their customers, GCN will give details of the customer allegation, and which service is being disputed, plus guidance where to address questions or concerns. It is essential that the representative and the business customer review where the misunderstanding was and detail all information within the "Investigation Report," included in the investigation letter. If the customer agrees to the information included in the investigation report, the customer’s signature must be notarized. GCN will then respond with a decision regarding the investigation, which decision shall be final.
If any GCN PBM has been engaged in the slamming of a business customer, the following penalties will be assessed:
The PBM’s position will be permanently terminated and all commissions and payouts of any kind will be permanently forfeited;
If the "slammed" account was used for qualifications for bonuses, then such bonus will be reversed. This reversal will also apply to any corresponding payouts as well;
Any PBM engaged in slamming will be required to reimburse GCN for any fines and/or charges assessed against it. In addition, an administrative fee in accordance with expenses incurred by GCN will be charged to the PBM.
Professional Business Members can avoid slamming by utilizing the following procedures:
Verify information against each new customer’s actual bill for each Letter of Authorization (LOA). This will help confirm that the customer’s information on the LOA matches the information on the customer’s telephone bill;
Verify that the person signing the LOA is the person with authority to act on behalf of the Company or the person whose name appears on the telephone bill. It is essential that the person signing the LOA have the authority to change telecommunication providers;
It is unacceptable to sign someone else’s name on any document. PBMs are strictly prohibited from signing an LOA for a customer even if the customer has provided his/her verbal consent.
To avoid instances of slamming, GCN will randomly examine LOA data before it is entered into the database. Any form that contains invalid information or contains an apparently forged signature will not be processed.
4.2 - Offerings and Terms of Service
GCN and its carrier/supplier/service provider(s) have the sole right to accept or reject orders for equipment and cell phone service plans and to establish the terms and conditions of their offering. GCN and its carrier/supplier/service provider(s) may also discontinue offering or selling any product or service, without liability or obligation to GCN, its PBMs or its customers.
4.3 - Co-Mingling of Funds
PBMs must make their application fees payable to GCN only. No PBM shall accept funds for applications and co-mingle them with personal or association accounts. GCN may terminate any PBM discovered co-mingling funds or operating a bank account in the name of GCN or any other similar name.
4.4 - Adherence to the GCN Compensation Plan
Professional Business Members must adhere to the terms of the GCN Compensation Plan as set forth in Official GCN Materials. PBMs shall not offer the GCN opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official GCN Materials. PBMs shall not require or encourage other current or prospective customers or PBMs to participate in GCN in any manner that varies from the program as set forth in Official GCN Materials. PBMs shall not require or encourage other current or prospective customers or PBMs to execute any agreement or contract other than official GCN agreements and contracts in order to become a GCN Professional Business Member. Similarly, PBMs shall not require or encourage other current or prospective customers or PBMs to make any purchase from, or payment to, any individual or other entity to participate in the GCN Compensation Plan other than those purchases or payments identified as recommended or required in Official GCN Materials.
4.5 - Use of Sales Aids
To promote both the products and the opportunity GCN offers, PBMs must use the sales aids and support materials produced by GCN. If GCN PBMs develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding PBMs’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a GCN business. These violations, although they may be relatively few in numbers, could jeopardize the GCN opportunity for all PBMs. Accordingly, PBMs must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the PBM receives specific written approval to use the material, the request shall be deemed denied. All PBMs shall safeguard and promote the good reputation of GCN and its products. The marketing and promotion of GCN, the GCN opportunity, the Compensation Plan, and GCN equipment and cell phone service plans shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.6 - Intellectual Property
GCN will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including GCN PBMs, without prior written authorization from GCN. Furthermore, no PBM may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another PBM without prior written consent from the named PBM. This consent must be on file with GCN’s Compliance Department prior to any use.
4.7 - Distribution Policy
If a Professional Business Member desires to utilize an Internet web page to promote his or her business, he or she may do so through the Company’s replicated website program only. This program permits PBMs to advertise on the Internet and to choose from among a variety of home page designs that can be personalized with the PBM’s message and the PBM's contact information. These websites seamlessly link directly to the official GCN website giving the PBM a professional and Company-approved presence on the Internet. Unless authorized by GCN, no PBM may independently design a website that uses the names, logos, or product descriptions of GCN or otherwise promotes (directly or indirectly) GCN products or the GCN opportunity. Nor may a PBM use "blind" ads on the Internet that make product or income claims which are ultimately associated with GCN products, the GCN opportunity, or the GCN Marketing and Compensation Plan. The use of any other Internet website or web page including without limitation auction sites such as eBay to in any way promote the sale of GCN products, the GCN opportunity, or the Marketing and Compensation Plan is a breach of the Agreement and may result in any of the disciplinary sanctions set forth in these policies.
4.8 - Blogs, Social Networks, Online Auctions, and Other Online Forums
Professional Business Members may post text and videos on Blogs, Social Networks, and Video Websites so long as he or she complies with these Policies and adheres to the following basic principles:
All text postings must include the PBM’s name and ID number.
All video content must include a clear image of the PBM’s name and ID number in the description section of the video.
All reference to the product should be made by referring the viewer to the Company’s website. Testimonials are only permitted if they’re consistent with the content prepared by the company. PBMs that provide testimonials regarding the effectiveness of the compensation plan must provide an Income Disclosure document to all prospects.
4.9 - Domain Names and Email Addresses
PBMs may not use or attempt to register or sell any of GCN’s trade names, trademarks, service names, service marks, product names, or any derivative thereof, for any internet domain name or email address.
4.10 - Sales Mediums
GCN equipment and cell phone service plans may not be sold or promoted through catalogues or other mass sales mediums, such as infomercials, television, radio, or other related sales mediums.
4.11 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
No advertisement may imply that a job, position, salary, or any type of employment is allowed.
No advertisement may promote, represent, or imply salaried positions, management positions, hourly wages, full or part-time employment, or guaranteed incomes. The GCN opportunity is not a job, and may not be presented as such. Terms such as “manager trainee,” “management positions available,” “travel provided,” “call for interview,” “positions available,” “now hiring,” and other misleading statements are not allowed.
No specific income can be promised or implied, and any references to compensation must use the word “commissions” to indicate the independent contractor status of IMs.
Advertisements may not contain references to GCN or its products.
You may not use any of GCN’s trademarks or trade-names.
You may not use the AT&T logo or make representations about the relationship between GCN and AT&T other than those approved statements provided by GCN.
Any requests for variances from the above rules must be submitted to GCN and approved in writing prior to publication. Please direct any inquiries to: email@example.com
4.12 - Media and Media Inquiries
Professional Business Members must not initiate any interaction with the media or attempt to respond to media inquiries regarding GCN, its equipment or cell phone service plans, or their independent GCN business. All inquiries by any type of media must be immediately referred to GCN’s Compliance Department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.13 - Unsolicited Email And Fax Communication
GCN does not permit Professional Business Members to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by a PBM that promotes GCN, the GCN opportunity, or GCN equipment and cell phone service plans, must comply with the following:
There must be a functioning return email address to the sender.
There must be a notice in the email that advises the recipient that he/she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
The email must include the PBM’s physical mailing address.
The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
The use of deceptive subject lines and/or false header information is prohibited.
All opt-out requests, whether received by email or regular mail, must be honoured. If a PBM receives an opt-out request from a recipient of an email, the PBM must forward the opt-out request to the Company. GCN may periodically send commercial emails on behalf of PBMs. By entering into the Professional Business Membership Agreement, PBM agrees that the Company may send such emails and that the PBM’s physical and email addresses will be included in such emails as outlined above. PBMs shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, PBMs may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their GCN businesses.
SECTION 5 – OPERATING A GCN BUSINESS
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a GCN PROFESSIONAL BUSINESS MEMBER by submitting a GCN PBM Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to GCN. A GCN business may change its status under the same Referrer from an individual to a partnership, corporation or trust or from one type of entity to another. To do so, the PBM(s) must provide the Entity Documents to GCN. The PBM Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to GCN.
5.1.1 - Changes to a Business Entity
Each Professional Business Member must immediately notify GCN of any changes to the type of business entity he/she utilizes in operating his/herGCN business, and the addition or removal of business associates. A GCN business may change its status under the same referrer from an individual to a partnership, corporation or trust or from one type of entity to another. The PBM Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to GCN.
5.1.2 - Change Of Referrer
To protect the integrity of all marketing organizations and safeguard the hard work of all PBMs, GCN rarely allows changes in Referrerships, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Referrer Change Request Form within 72 hours from the time of becoming a Professional Business Member, and must come from the current listed Referrer Under extreme circumstances, GCN will use its discretion in allowing a Referrer change when it makes sense for the sales organization.
5.1.3 - Change Of Placement
A request for change of placement must be submitted within 72 hours time of becoming a Professional Business Member and must be requested by the current listed sponsor. A PBM can only be moved inside of the same Referrer’s sales organization. If approved, a PBM is placed in the first available open bottom position on the date that the change is made. PBMs who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of GCN.
5.1.4 - Cancellation and Re-application
A PBM may legitimately change organizations by voluntarily cancelling his/herGCN business and remaining inactive (i.e., no purchases of GCN products for resale, no sales of GCN products, no referring, no attendance at any GCN functions, participation in any other form of PBM activity, or operation of any other GCN business) for six (6) full consecutive calendar months. Following the six (6) month period of inactivity, the former PBM may reapply under a new Referrer, but relinquishes all rights held by the original position (i.e., sales organization, commissions, and previous orders).
5.1.5 - Addition of Co-applicant
When adding a co-applicant (either an individual or a business entity) to an existing GCN business, the Company requires a written request as well as a properly completed PBM Agreement containing the applicant’s and co-applicant’s Social Security Numbers or Federal Tax Identification Numbers and signatures. To prevent the circumvention of the “Sale, Transfer or Assignment of GCN Business” section (regarding transfers and assignments of GCN business), the original applicant must remain as a party to the original PBM Agreement. If the original PBM wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with the “Sale, Transfer or Assignment of GCN Business” section of these Policies. If this process is not followed, the business shall be cancelled upon the withdrawal of the original PBM. All bonus and commission checks will be sent to the address of record of the original PBM. Please note that the modifications permitted within the scope of this paragraph do not include a change of Referrership. Changes of Referrership are addressed in “Change of Referrership” section of these Policies and Procedures. There is a $25.00 fee for each change requested, which must be included with the written request and the completed PBM Agreement. GCN may, at its discretion, require notarized documents before implementing any changes to a GCN business. Please allow thirty (30) days after the receipt of the request by GCN for processing.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
A Professional Business Member is fully responsible for all of his or her verbal and/or written statements made regarding GCN products, services, and the Compensation Plan, which are not expressly contained in Official GCN Materials. PBMs agree to indemnify GCN and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by GCN as a result of the PBM’s unauthorized representations or actions. This provision shall survive the cancellation of a PBM’s Professional Business Membership Agreement.
5.3 - Conflicts
5.3.1 - Sale of Competing Goods or Services
Professional Business Members must not sell, or attempt to sell, any competing non-GCN programs, products, or services to GCN Customers or PBMs. Any program, product, service, or direct selling opportunity in the same generic categories as GCN products is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors. GCN can may and reserves the right to terminate a PBM for selling or promoting a product from a competitive company, and the PBM accepts that if terminated for this reason they will lose their position in the company and all rights, privileges and future income.
5.3.2 - PBM Participation In Other Direct Selling Programs
If a PBM is engaged in other non-GCN direct selling programs, it is the responsibility of the PBM to ensure that his/herGCN business is operated entirely separate and apart from any other program.
5.3.3 - Targeting Other Direct Sellers
GCN prohibits PBMs from targeting independent representatives from other direct sales companies. Should PBMs engage in the solicitation and/or enticement of members of another direct sales company to sell or distribute GCN products, not only do they run the risk of being terminated from GCN, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a PBM alleging that he/she engaged in inappropriate recruiting activity of its sales force or Customers, GCN will not pay any of PBM’s defense costs or legal fees, nor will GCN indemnify the PBM for any judgment, award, or settlement.
5.3.4 - Privacy and Confidentiality
5.3.5 - The Data Management Rule
The Data Management Rule is intended to protect the Line of Referrership (LOR) for the benefit of all PBMs, as well as GCN. LOR information is information compiled by GCN that discloses or relates to all or part of the specific arrangement of Referrership within the GCN business, including, without limitation, PBM lists, Referrership sales organization, and all PBM information generated therefrom, in its present and future forms. The GCN LOR constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. GCN is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by GCN and its PBMs. Through this Rule, PBMs are granted a personal, non-exclusive, non-transferable and revocable right by GCN to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the PBM stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of GCN, such is necessary to protect the confidentiality or value of Proprietary Information. All PBMs shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof. A PBM shall not compile, organize, access, create lists of, or otherwise use or disclose Proprietary Information except as authorized by GCN. A PBM also shall not disclose Proprietary Information to any third party, or use Proprietary Information in connection with any other businesses or to compete, directly or indirectly, with the business of GCN.
Use or disclosure of Proprietary Information, other than as authorized by GCN, will cause significant and irreparable harm to GCN, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such unauthorized use or disclosure. A PBM shall promptly return any and all Proprietary Information to GCN upon resignation, non-renewal, or termination of his or her business and shall thereafter refrain from any further use thereof.
5.4 - Cross Referring
Actual or attempted cross-group referring is strictly prohibited. “Cross group referring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current customer number or PBM Agreement on file with GCN, or who has had such an agreement within the preceding six (6) calendar months, within a different line of Referrership. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a GCN business in accordance with the “Sale, Transfer or Assignment of GCN Business” section of these Policies and Procedures.
5.5 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, PBMs shall not represent or imply that GCN or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
5.6 - Identification
All PBMs are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to GCN either on the PBM Agreement or at the company’s request. Upon enrolment, the Company will provide a unique PBM Identification Number to the PBM by which he/she will be identified. This number will be used to place orders and track commissions and bonuses. PBMs will also be given an opportunity to choose a unique identifier, referred to as a "Public ID" that can be used as another means of identification.
5.7 - Income Taxes
Every year, GCN will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each PBM is responsible for paying local, state and federal taxes on any income generated as a PBM. If a GCN business is tax exempt, the Federal Tax Identification Number must be provided to GCN.
5.8 - Independent Contractor Status
You are an independent contractor. You are not an agent, employee or joint venture with the Company. You may not represent yourself as anything other than an Independent Professional Business Member. You have no authority to bind GCN to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent GCN position or the acquisition, receipt, holding, selling, distributing or advertising of GCN’s products or opportunity. You agree to indemnify and hold GCN, its officers, agents, directors, and employees harmless from any claim, damage, liability, or loss arising out of your activities.
5.9 - International Marketing
GCN is operating an international shopping website called www.gcnfantasticdeals.com. We accept legitimate orders from other countries which we can ship products into that country. Those international customers are responsible for any additional taxes, import or duty fees on products that they purchase. GCN is willing to pay international PBMs referral fees such as the Leadership Bonus, etc. All international PBMs accept that they are doing business with a company in the United States and are subject to all tax and regulatory laws of the United States. GCN will not operate within any specific country until GCN is properly licensed. We are doing similar business as Shopify which is a domiciled company in the United States, but allows international access through the internet to sell products and make money accordingly from Shopify’s shopping, inventory and computer program.
Because of critical legal and tax considerations, GCN must limit the resale of GCN branded products and the presentation of the GCN business to prospective Customers and PBMs located within the United States and U.S. Territories and those other countries that the Company has officially opened for business. Conducting meetings, promoting the GCN financial opportunity, or gifting/distributing product in an unopened country or market is strictly prohibited unless you are referring people to buy products from www.gcnfantasticdeals.com.
5.10 - Inventory Loading
The GCN program is built on business sales to the ultimate users. GCN encourages its PBMs to only purchase equipment and cell phone service plans that they and their family will personally use, will be used as a sales tool, or will be resold to others for their ultimate use.
5.11 – Referrership Rights
No PBM may sell, assign or otherwise transfer his/her Referrership rights to another PBM. After a period of 72 hours following the acceptance of a PBM Agreement by the Company, Referrership and placement are irrevocable and permanent.
5.12 - Stacking
Stacking is the unauthorized manipulation of the GCN compensation system and/or the marketing plan in order to trigger commissions or cause a promotion of a sales organization a PBM in an unearned manner. One example of stacking occurs when a Referrer places participants under an inactive sales organization participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of team members within a sales organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent PBM positions of all individuals found to be directly involved.
5.13 - One GCN Business per Professional Business Member
A PBM may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one GCN business. No individual may have, operate or receive compensation from more than one GCN business.
5.14 - Succession
Upon the death or incapacitation of a PBM, his/her business may be passed to a designated heir(s). Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever a GCN business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased PBM’s sales organization provided the following qualifications are met. The successor(s) must:
Execute a PBM Agreement;
Comply with terms and provisions of the Agreement;
Meet all of the qualifications for the deceased PBM’s rank/status;
Provide GCN with an “address of record” to which all bonus and commission checks will be sent. Bonus and commission checks of a GCN business transferred pursuant to this section will be Professional in a single check jointly to the successor(s). Or, the PBM will provide an improved electronic account so GCN can pay commissons.
Form a business entity and acquire a federal Taxpayer Identification Number, if the business is bequeathed to joint successors. GCN will issue all bonus and commission checks and one 1099 to the business entity.
5.14.1 - Transfer Upon Death of a Professional Business Member
To effect a testamentary transfer of a GCN business, the successor must provide the following to GCN:
An original death certificate,
A notarized copy of the will or other instrument establishing the successor’s right to the GCN business, and
A completed and executed PBM Agreement.
If the Successor is already a GCN PBM, the Company may grant exception to the One PBM per Household rule upon written request from the Successor.
5.14.2 - Transfer Upon Incapacitation of a Professional Business Member
To effectuate a transfer of a GCN business because of incapacity, the successor must provide the following to GCN: (1) a notarized copy of an appointment as trustee, (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the GCN business, and (3) a completed PBM Agreement executed by the trustee.
5.15 - Sale, Transfer, or Assignment of a GCN Business
Although a GCN business is a privately owned, independently operated business, the sale, transfer or assignment of a GCN business is subject to certain limitations. If a PBM wishes to sell his/her GCN business, the following criteria must be met:
Protection of the existing line of sponsorship must always be maintained so that the GCN business continues to be operated in that line of Referrership;
The buyer or transferee must become a qualified GCN PBM. If the buyer is an active GCN PBM, he/she must first terminate his/her GCN business and wait six calendar months before acquiring any interest in the new GCN business;
Before the sale, transfer, or assignment can be finalized and approved by GCN, any debt obligations the selling PBM has with GCN must be satisfied; and
The selling PBM must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer, or assign a GCN business.
Prior to selling a GCN business, the selling PBM must notify GCN’s Compliance Department of his/her intent to sell the GCN business. No changes in line of Referrership can result from the sale or transfer of a GCN business. A PBM may not sell, transfer, or assign portions of his/her position or business—an position must be sold in its entirety.
5.16 - Separation of a GCN Business
GCN PBMs sometimes operate their GCN businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the sales organization. If the separating parties fail to provide for the best interests of other PBMs and the Company in a timely fashion, GCN will involuntarily terminate the PBM Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
One of the parties may, with consent of the other(s), operate the GCN business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize GCN to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
The parties may continue to operate the GCN business jointly on a “business-as-usual” basis, whereupon all compensation Professional by GCN will be Professional according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above. The Company will never remove a party to an position from a PBM account without that party’s written permission and signature. Under no circumstances will the sales organization of the divorcing spouses or a dissolving business entity be divided. Under no circumstances will GCN split commission and bonus checks between divorcing spouses or members of dissolving entities. GCN will recognize only one sales organization and will issue only one commission check per GCN business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the PBM Agreement shall be involuntarily cancelled. If a former spouse has completely relinquished all rights in the original GCN business pursuant to a divorce, he/she is thereafter free to enroll under any Referrership of his/her choosing without waiting six (6) calendar months.
5.17 - Referring
All Active PBMs in good standing have the right to refer and enroll others into GCN. Each prospective Business Customer or PBM has the ultimate right to choose his or her own Referrer. If two PBMs claim to be the Referrer of the same new PBM or Business Customer, the Company shall regard the first application received by the Company as controlling and or let the new Business Customer choose themselves what Referrer he or she would like to be associated with.
SECTION 6 – RESPONSIBILITIES OF PROFESSIONAL BUSINESS MEMBERS
6.1 - Change of Address, Telephone, Email Address
To ensure timely delivery of products, support materials, and commission checks, it is critically important that the GCN’s files are current. Street addresses are required for shipping since UPS. FedEx and other curriers cannot deliver to a post office box. PBMs planning to move or change their email address must adjust their settings in the back office online.
6.2 – Referring Responsibilities
6.2.1 - Initial Training
Any PBM who refers another PBM into GCN must perform a bona fide assistance and training function to ensure that the new PBM is properly operating his/her GCN business. PBMs must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals or business to whom they are referring to become PBMs before the applicant signs a PBM Agreement. Additional copies of the Policies and Procedures and the Income Disclosure Statement can be downloaded from the GCN’s website. A Referring PBM must require each prospective PBM to personally complete the enrolment forms—whether electronically or on paper. Referring PBMs are also responsible to motivate and train new PBMs in GCN product knowledge, effective sales techniques, the GCN Compensation Plan, and compliance with Company Policies and Procedures.
6.2.2 - Ongoing Training Responsibilities
Professional Business Members must monitor the PBMs in their sales organizations to ensure that sales organization PBMs do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every PBM should be able to provide documented evidence to GCN of his/her ongoing fulfilment of the responsibilities of a Referrer.
6.3 – Non-Disparagement
Professional Business Members must not disparage, demean, or make negative remarks about GCN, other GCN PBMs’, GCN’s products, the Compensation Plan, or GCN’s owners, board members, directors, officers, vendors, suppliers, or employees.
6.4 - Reporting Policy Violations
Professional Business Members observing a Policy violation by another PBM should submit a written report of the violation directly to the attention of the GCN Compliance Department, complete with all supporting evidence and pertinent information. Professional Business Member should email to compliance@GlobalConnectionNetwork.com to report violations. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 – SALES REQUIREMENTS
7.1 - Product Sales
The GCN Compensation Plan is based upon the sale of the GCN platform and various service plans to end consumers. In order to obtain the right to earn commissions on sales organization volumes during a given month, PBMs must gain or maintain at least one customer a month. Existing customers on a monthly cell phone service plan count towards the one customer requirement.
SECTION 8 – BONUSES AND COMMISSIONS
8.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, a PBM must be in good standing, Active and comply with the terms of the Agreement and these Policies and Procedures.
8.2 - Errors or Questions
If a PBM has questions about or believes any errors have been made regarding commissions, bonuses, Sales Organization Activity Reports, or charges, the PBM must notify GCN in writing within 30 days of the date of the purported error or incident in question. GCN will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
8.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrolment of individuals or entities without the knowledge of and/or execution of a PBM Agreement by such individuals or entities; (b) the fraudulent enrolment of an individual or entity as a PBM or Business Customer; (c) the enrolment or attempted enrolment of non-existent individuals or entities as PBMs or Customers (“phantoms”); (d) purchasing GCN equipment or cell phone service plans on behalf of another PBM or Customer, or under another PBM’s or Customer’s ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
8.4 - Returned Equipment
Professional Business Members receive bonuses and commissions based on the actual sales of various products including but not limited to equipment and cell phone service plans to end consumers. When resalable equipment is returned to GCN within the permissible 12 month period for a refund, either of the following may occur at the Company’s discretion: (1) the bonuses and commissions attributable to the returned equipment will be deducted from the pay period in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the PBMs who received bonuses and commissions on the sales of the refunded products or (2) the PBMs who earned commissions based on the sale of the returned equipment will have the corresponding points deducted from their volume in the next pay period and all subsequent pay periods until it is completely recovered.
8.5 - Reports
All information provided by GCN, including but not limited to personal sales volume (or any part thereof), and referrering activity is believed to be accurate and reliable. Nevertheless, due to various factors, including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs, the information is not guaranteed by GCN or any persons creating or transmitting the information. All product 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, GCN and/or other persons creating or transmitting the information will in no event be liable to any PBM or anyone else for any direct, indirect, consequential, incidental, special, or punitive damages that arise out of the use of or access to sales volume information (including but not limited to lost profits, 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 GCN or other persons creating or transmitting the information shall have been advised of the possibility of such damages.
SECTION 9 – PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
9.1 - Guarantee
GCN offers a one hundred percent (100%) 30-day refund period on all initial fees to become a Professional Business Member, excluding activation fees, service charges associated with cell phone plans, and charges associated with online tools. Any product that is purchased on www.gcnfantasticdeals.com will carry the refund policy from the drop-shipper who GCN purchased the product from to be sent to the actual purchaser. All returns of merchandise to be returned and to be granted a refund, must request a RMA (Return of Merchandise Authorization Number) from firstname.lastname@example.org before returning a product for a refund. All Free Items orders, can be returned within 30 days of receiving the merchandise. All customers are responsible to pay all applicable shipping and handling fees to return merchandise.
SECTION 10 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
10.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by a PBM that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the PBM’s GCN business), may result, at GCN’s discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the PBM to take immediate corrective measures;
Imposition of a fine, which may be withheld from bonus and commission checks;
Loss of rights to one or more bonus and commission checks;
Withholding from a PBM all or part of the PBM’s bonuses and commissions during the period that GCN is investigating any conduct allegedly contrary to the Agreement. If a PBM’s business is cancelled for disciplinary reasons, the PBM will not be entitled to recover any commissions withheld during the investigation period;
Suspension of the individual’s PBM Agreement for one or more pay periods;
Involuntary termination of the offender’s PBM Agreement;
Any other measure expressly allowed within any provision of the Agreement or which GCN deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the PBM’s policy violation or contractual breach;
Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of GCN;
10.2 - Grievances and Complaints
When a PBM has a grievance or complaint with another PBM regarding any practice or conduct in relationship to their respective GCN businesses, the complaining PBM should first report the problem to his/her Referrer who should review the matter and try to resolve it with the other party’s Referrer. If the matter involves interpretation or violation of Company policy, it must be reported in writing to GCN’s Compliance Department, via email at support@GCN4business.com by regular mail at GCN, 3214 N. University Ave, #111, Provo, UT 84605. The Compliance Department will review the facts and attempt to resolve the matter. If it is not resolved, it will be referred to the GCN Review Committee for final review and possible disciplinary action. Please note that during the appeals process, all involved PBM accounts will be placed on a complete business hold, and all commissions generated will be placed in an Escrow account until the matter is resolved. Decisions mandated by the PBM Conduct Appeals Committee are final and binding, and will not be further reviewed by the Company.
10.3 - Mediation
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorneys fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Provo, Utah and shall last no more than two (2) business days.
10.4 - Leadership Council Hearing Panel Procedures
If any part of the dispute is not resolved by mediation, any PBM who is a Party to the remaining dispute may request a Leadership Council Hearing Panel, unless arbitration is preferred.
A Request for a Leadership Council Hearing must be submitted to the GCN Hearing Panel Chairperson within four weeks after mediation. Upon receipt of a request, the matter is scheduled for the next Hearing Panel session, which shall be not more than 60 days following the request. All Parties who receive notice of the hearing are required to participate, unless excused by the Hearing Panel Chairperson or his/her designee. The Parties are strongly encouraged to attend the hearing in person, but are not required to do so. Should the Parties choose to attend in person, they are responsible for their own expenses.
Each year, the GCN Leadership Council selects the Hearing Panel Chairperson, three additional Panel members, and alternates who may serve on the Hearing Panel. The Hearing Panel Chairperson will confirm that no Panel member presents a conflict of interest with respect to the matters over which the Panel presides. Once selected, the Panel members are barred from discussing the dispute with anyone before the date of the hearing. Each Panel member and the Parties involved receive a copy of the dispute file.
The Parties shall exchange all documents on which they intend to rely during the hearing at least 10 days in advance of the hearing. In addition, Parties must submit to the Panel all documents on which they intend to rely in proving or defending their claim at least 10 days in advance of the hearing. If a Party does not submit such documents in a timely fashion, the Hearing Panel Chairperson may refuse to allow their introduction.
The Chairperson of the Panel is empowered to control the conduct of the hearing, and to have authorized persons administer an oath to any witness. The rules of evidence do not apply.
When a voluntary resolution does not occur, the Hearing Panel, within 30 days following completion of the hearing, will issue to the Parties and GCN a written statement of facts and a non-binding recommendation for resolution, including, if appropriate, the imposition of certain sanctions. Within two weeks of receiving that recommendation each Party shall inform the Panel and the other Parties in writing whether that Party: (a) accepts the recommended resolution in its entirety; (b) accepts some specific portions of the recommended resolution and rejects the others; or (c) rejects the recommended resolution in its entirety. Any Party may demand arbitration of any unresolved Dispute under section 10.4.
10.5 - Arbitration
A. If mediation is unsuccessful, any controversy or claim arising out of or relating to the GCN PBM agreement, these Policies and Procedures, or the breach thereof, the PBM’s business or any dispute between GCN and the PBM, shall be settled by binding and confidential arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be held in Provo, Utah. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
B. The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees, not to exceed $100,000. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
C. This agreement to arbitration shall survive any termination or expiration of the PBM agreement.
D. Nothing in these Policies and Procedures shall prevent GCN from applying for or obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect GCN interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
E. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
F. These Policies and Procedures and any arbitration involving a PBM and GCN shall be governed by and construed in accordance with the laws of the state of Utah, without reference to its principles of conflict of laws.
10.6 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Provo, UT. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Utah shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in these policies, residents of the State of Louisiana shall be entitled to bring an action against GCN in their home forum and pursuant to Louisiana law.
SECTION 11 – PAYMENT AND SHIPPING
11.1 - Returned Checks
All checks returned by a PBM’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the PBM. After receiving a returned check from a Customer or a PBM, all future orders must be paid by Credit Card, money order, or cashier’s check or other approved electronic ways such as ACH, Venmo, Paypal, etc.. Any outstanding balance owed to GCN by a PBM for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.
11.2 - Restrictions on Third Party Use of Credit Cards and Checking Account Access
Professional Business Members shall not permit other PBMs or Customers to use their credit card, or permit debits to their checking accounts, to enrol or to make purchases from the Company, unless an official GCN Authorization Letter is on file with the Company prior to the transaction.
SECTION 12 – EFFECT OF CANCELLATION
12.1 - Effect of Cancellation and Termination
So long as a PBM remains active and complies with the terms of the PBM Agreement and these Policies and Procedures, GCN shall pay commissions to such PBM in accordance with the Compensation Plan. A PBM’s bonuses and commissions constitute the entire consideration for the PBM’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following a PBM’s non-continuation of his or her PBM Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her PBM Agreement (all of these methods are collectively referred to as “Cancellation”), the former PBM shall have no right, title, claim or interest to the sales organization which he or she operated, or any commission or bonus from the sales generated by the organization. The former PBM’s product volume will remain available for referrer’s commissions. PBMs waive any and all rights, including, but not limited to, property rights, in the sales organization. Following a PBM’s cancellation of his or her PBM Agreement, the former PBM shall not hold him or herself out as a GCN Professional Business Member and shall not have the right to sell GCN equipmentor cell phone service plans or other GCN products a PBM whose PBM Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A GCN participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted via email to: email@example.com. The notice must include the PBM’s full name, ID Number and reasons for cancellation.
12.2 - Non-Renewal
A PBM may also voluntarily cancel his/her PBM Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew a PBM’s Agreement upon its anniversary date.
Website Use and Cellular Phone USE
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT ANDUSE THIS SITE.
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Company (Global Connection Network, GCN4Business, GCN Fantastic Deals, and other DBAs which are used by the aforementioned names) hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney's fees resulting from any non-payment.
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party. You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation or local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995. Unpublished rights reserved under the copyright laws of the United States.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site's features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we'll verify it for you.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively "Submissions") shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that: A. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies; B. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party; C. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; D. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or E. impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years of age or younger without appropriate parental consent. This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company's prior written permission.
Global Connection Network , GCN4Business name, GCN Fantastic Deals logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Global Connection Network. The use or misuse of any Marks or any other materials contained on the Site, the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames fromthis site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
RETURNS AND CANCELLATIONS of GCN Mobile Cell Phone Service
If you are getting your cell phone service through Global Connection Network, GCN offers a thirty-day, money back refund period on the initial fees, excluding fees associated with cell phone service plans. All subsequent subscription fees are nonrefundable as the benefits of the service are realized immediately upon payment. All cell phone plans offered by the Company are pre-paid plans and are billed on a monthly basis. Cancellations are effect the subsequent month following a valid cancellation request. No refund will be issued for a cancellation request for the month the request is applied for.
1. GCN4Business Mobile Service. The Company has agreed to provide fast, high quality phone service through reputable national mobile service providers. Most cell phone service plans offered through the Company require the user to be a business or business owner. These cell phone business plans are offered through the Company's business entity, GCN4Business. The Company contracts for business mobile service through national 4G LTE Carriers and allows businesses to receive high quality 4G LTE Service.
Depending on the Service Plan you select, GCN4Business provides unlimited talk and text and in most plans there are specific data usage amounts provided. These services are available in the United States (including Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. The service may be offered at differing prices under different service plans, depending on the data speed you desire and other factors, and some plans may not include data. Data speeds will reduce when the amount of data used exceeds the amount designated in your service plan. Coverage and quality of service may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in service may occur and speed of service varies. You agree that the Company is not liable for problems relating to service availability or quality.
2. Monthly fees and Payment. GCN4Business provides the mobile service for a flat fee on a monthly pay-in-advance basis under various service plans. Service begins when you subscribe and pay any initial fees and monthly installments. Certain GCN4Business plans may include a Free Trial and the subscriber will still be responsible for any activation fees. All subscribers are responsible for all fees and taxes as determined solely by the Company. If you fail to make your monthly payment when due, your service will be suspended and a restoration fee, as determined by the Company, will be charged by the Company to restore service. If your service is not restored within 30 days, the Company may cancel or terminate your service. Once service is terminated, you would have to pay any activation fees as any new subscriber. The Company allows its cellular subscribers, under specific service plans, to earn Free service when the subscriber meets current requirements which can change without giving prior notice.
All cancellations must be made in writing and sent to support@GCN4Business.com and must include the reason for cancellation.
4. Charge Disputes. Unless otherwise provided by law, you agree to notify us of any dispute regarding amounts owed to us within 60 days after the date you first incur the disputed amount. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve disputed amount, you agree that the issue is fully and finally resolved.
5. Your Phone Number. Except for any legal right you may have to port or transfer your number, you will acquire no ownership right in any number assigned to you. If you request a cancellation under a mobile service plan from the Company and the phone number assigned to that plan was obtained through the Company, that number will be unavailable following cancellation. The wireless telecommunications networks used to provide the service are owned and operated by other licensed entities, not GCN4Business.
6. Data Usage. The GCN4Business network is managed to facilitate the proper functioning of the Network as a whole and to provide a good experience to the majority of our customers. Services that require consistent high speeds, such as video calling, may, particularly at times and in areas of network congestion, result in reduced speeds or other services. Additionally, we may implement network management practices to provide better quality service at reduced prices.
7. Notices and Communication. You expressly consent to be contacted by GCN4Business or any GCN4Business Brand Partner for any and all purposes, at any telephone number, email address, or physical address you provide to us or that we provide to you. You agree that GCN4Business may contact you in any way, including recorded or artificial voice or text messages delivered by any automatic telephone dialing system, or email messages delivered by an automatic emailing system. Notices from us to you are considered delivered when we send them to your device or by email or fax to any email address you provided to us, or 3 days after mailing to your billing address. You agree that all electronic communications via email satisfy any writing requirements under the law.
8. Company Rights to Limit or End Service. We may limit, suspend, or terminate your service or these Terms and Conditions without notice for any reason, including without limitation, if you, or any user on your account: (a) breaches the T&Cs; (b) provides inaccurate information or information we can't verify; (c) transfers service to another person without our consent; (d) becomes insolvent, goes bankrupt, or threatens bankruptcy (except as prohibited by law); causes GCN4Business to breach an agreement with any wireless carrier or to incur and material added expense; or (e) uses your service in a manner that is excessive, unusually burdensome, or unprofitable to us. We may impose usage or other limits to your service, suspend your service, or block certain types of calls, messages or sessions (such as access to an international long-distance provider, in our sole discretion and without notice. If we limit, suspend or terminate your service and later reinstate your service, you may be charged a fee. If your service or account is limited, suspended or terminated and then reinstated, you will be charged a reactivation fee upon re-enrolment.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided "as is" without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors' liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User's identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Utah, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Utah, by assessing this site, both you and the Company agree that the statutes and laws of Utah shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Utah and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, andaccessing them from territories where their contents are illegal is prohibited.
International Calling - GCN puts blocks on each line so that the user can only call within the United States, Puerto Rico and the U.S. Virgin Islands. We follow procedures within the AT&T software operating system to keep blocks on so the user of a GCN provisioned line cannot call into other countries. From time to time AT&T’s software fails to block international calls and roaming, if this happens and you as the user are successful in placing such calls, you are responsible for paying for all international calls and roaming charges. You as the user maybe on a prepaid calling plan, but this does NOT relieve you of the responsibility of knowing such calls are made outside your service plan with GCN, and you are solely responsible for paying for any additional charges. GCN reserves the right to charge the credit card on file and you agree to have us charge your credit card for any additional charges outside of what is allowed under the plan that you have chosen. Furthermore, you agree that you will not charge back on the any charges that placed on your card from international calling and roaming charges. If GCN is unsuccessful in charging your credit card for such additional charges, you agree that you will pay by other means any charges when presented with the charge that is outside your chosen plan within five days of being presented any overcharges that did not process through the credit card on file.
411 Charges - GCN cannot block 411 calls. At the time of writing these terms and conditions, AT&T charges GCN $1.99 per call. You acknowledge by the acceptance of these Terms and Conditions that such 411 charges are outside any plan that GCN offers. You furthermore authorize GCN or its representative to charge the credit card that you have on file. Furthermore, you agree that you will not charge back on the any charges that placed on your card from making 411 charges. If GCN is unsuccessful in charging your credit card for such additional charges, you agree that you will pay by other means any charges when presented with the charge that is outside your chosen plan within five days of being presented any overcharges that did not process through the credit card on file.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
SECTION 13– DEFINITIONS
ACTIVE PBM: A Professional Business Member who satisfies the minimum volume requirements as set forth in the Compensation Plan. Active PBMs are eligible to receive bonuses and commissions.
AGREEMENT: The contract between the Company and each PBM; includes the PBM Agreement, the GCN Policies and Procedures, and the GCN Compensation Plan, all in their current form and as amended by GCN in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of a PBM’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how PBMs can generate commissions and bonuses.
BUSINESS CUSTOMER OR CUSTOMER: A Consumer who purchases GCN products and does not engage in building a business.
PROFESSIONAL BUSINESS MEMBER: An individual who purchases product generates sales and commissions by way of the GCN compensation plan.
LINE OF REFERRER (LOR): A report generated by GCN that provides critical data relating to the identities of PBMs, sales information, and enrolment activity of each PBM’s organization. This report contains confidential and trade secret information which is proprietary to GCN.
SALES ORGANIZATION: The Customers and PBMs placed below a particular PBM.
OFFICIAL GCN MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by GCN to PBMs.
PLACEMENT: Your position inside your Referrer’s sales organization.
RESALABLE: Equipment shall be deemed “resalable” if each of the following elements is satisfied: 1) it is unopened and unused, 2) the original packaging and labelling has not been altered or damaged, 3) it is in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price, and 4) the product contains current GCN labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
REFERRER: A PBM who enrolls another PBM into the Company, and is listed as the Referrer on the PBM Agreement. The act of enrolling others and training them to become PBMs is called “referrering.”