WorldWide Erections LLC. shall be referred to as [WorldWide Erections] or [WE] throughout this policy and procedure. Where an individual contractor has elected to become a [WE] Independent Distributor, they agree to the following terms and conditions.
These Policies and Procedures, in their present form and as amended at the sole discretion of WorldWide Erections LLC.(hereafter ‘WE’ or the ‘Company’), are incorporated into, and form an integral part of, the WE® Distributor Agreement. Throughout these Policies, when the term ‘Agreement’ is used, it collectively refers to the WE Independent Distributor Application and Agreement, these Policies and Procedures, the WE Compensation Plan, and the WE Business Entity Registration Form (if applicable). These documents are incorporated by reference into the WE Distributor Agreement (all in their current form and as amended by WE). It is the responsibility of each Distributor to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. When sponsoring or enrolling a new Distributor, the sponsoring Distributor should confirm that the applicant has online access to and has reviewed the most current version of these Policies and Procedures and the WE Compensation Plan prior to his or her execution of the Distributor Agreement.
WE is a direct sales company that markets its products and services through Independent Distributors (hereafter ‘Distributor’ or ‘Distributors’). It is important to understand that your success and the success of your fellow Distributors depends on the integrity of the men and women who market our products and services. To clearly define the relationship that exists between Distributors and WE and to explicitly set a standard for acceptable business conduct, WE has established the Agreement.
WE Distributors are required to comply with all of the Terms and Conditions set forth in the Agreement which WE may amend at its sole discretion from time to time, as well as all federal, state, and local laws governing their WE 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 this manual carefully. It explains and governs the relationship between you, as an
independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from your Enroller or from WE.
WE reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By signing the Distributor Agreement, a Distributor agrees to abide by all amendments or modifications that WE elects to make. Amendments shall be effective 30 days after publication of notice to all Distributors that the Agreement has been modified. Notification of amendments shall be published in official WE materials. The Company shall provide or make available to all Distributors a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) inclusion in Company periodicals; (4) via updates in eStore; or (5) special mailings. The continuation of a Distributor’s WE business or a Distributor’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
WE reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By signing the Distributor Agreement, a Distributor agrees to abide by all amendments or modifications that WE elects to make. Amendments shall be effective 30 days after publication of notice to all Distributors that the Agreement has been modified. Notification of amendments shall be published in official WE materials. The Company shall provide or make available to all Distributors a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) inclusion in Company periodicals; (4) via updates in eStore; or (5) special mailings. The continuation of a Distributor’s WE business or a Distributor’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
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. The severed provision, or portion thereof, shall be reformed 2 to reflect the purpose of the provision as closely as possible. WORLDWIDE ERECTIONS LLC OF POLICY & PROCEDURES JANUARY 2018 STATE-OF-POLICY-PROCEDURES-US-EN-001
No party 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 a party to exercise any right or power under the Agreement or to insist upon strict compliance by the other party. No custom or practice of the parties at variance with the terms of the Agreement shall constitute a waiver of a party’s right to demand exact compliance with the Agreement. A waiver can be effectuated only in writing by an authorized representative of the party against whom the waiver is sought to be enforced. A party’s waiver of any particular breach shall not affect or impair it’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Distributor. The existence of any claim or cause of action against a party shall not constitute a defense to the other party’s enforcement of any term or provision of the Agreement.
To become a WE Distributor, each applicant must:
a. Be at least 18 years of age;
b. Reside in any country or territory that WE has officially announced is open for business;
c. Have a valid Social Security or Federal Tax ID number or submit a properly completed IRS form W-9 for US Distributors;
d. Register through the WE online Website under Upline Enroller Name; and
e. Submit a properly completed Distributor Application and Agreement to WE, either in hard copy or online format.
f. When enrolling, the First and Last name fields must contain the first and last name of the Distributor who is enrolling. If enrolling a business, the first and last name of the person responsible for the business must be entered. It is not acceptable to enter the business name in the first and last name fields. If entering a business name in the United States, the business must be registered with the IRS with an EIN and must not be a sole proprietorship. Any business names that are not registered with the IRS or that are sole proprietorship may be used on the replicated website but may not be entered on the account as an entity name.
No person is required to purchase WE products, services or sales aids, or to pay any charge or fee to become a Distributor other than to register online. In order to familiarize new Distributors with WE products, services, sales techniques, sales aids, and other matters, the Company recommends that they can purchase samples at their own discrepancy.
Once a Distributor Application and Agreement has been accepted by WE, the benefits of the Compensation Plan and the Distributor Agreement are available to the new Distributor. These benefits include the right to:
a. Sell and solicit orders for WE products and services;
b. Participate in the WE Compensation Plan (receive bonuses and commissions, if eligible);
c. Sponsor other individuals as Customers or Distributors into the WE business and thereby build a Marketing Organization and progress through the WE Compensation Plan;
d. Receive periodic WE literature and other WE communications and have access to WE online sales and business tools;
e. Participate in WE-sponsored support, service, training, motivational and recognition functions upon payment of appropriate charges, if applicable; and
f. Participate in promotional and incentive contests and programs sponsored by WE for its Distributors.
The term of the Distributor Agreement is one [1] year from the date of its acceptance by WE (subject to prior termination or reclassification pursuant to Section 10). Distributors must renew their Distributor Agreement each year by paying an annual renewal fee of $35 on or before the anniversary date of their Distributor Agreement. If the renewal fee is not paid within 30 days after the expiration of the current term of the Distributor Agreement, the Distributor Agreement will be canceled.
WE, including but not limited to any of its affiliates and/or subsidiaries, may transfer or assign the Distributor Agreement in its sole discretion. In the case that the Distributor does not accept the transfer or assignment, it may provide written notice that it wishes to terminate the Agreement. In the event of such notice being provided, the termination will become effective immediately. In the event WE chooses not to transfer a Distributor Agreement termination will be effective immediately. If a Distributor does not issue a written notice of termination to WE the Distributor shall be deemed to consent to the transfer or assignment.
Distributors must adhere to the terms of the WE Compensation Plan as set forth in official WE literature. Distributors shall not offer the WE opportunity through, or in combination with, any marketing system, program, or method of marketing other than that specifically set forth in official WE literature. Distributors shall not require or encourage other current or prospective Customers or
Distributors to participate in WE in any manner that varies from the program as set forth in official WE literature. Distributors shall not require or encourage other current or prospective Customers or Distributors to execute any agreement or contract other than official WE agreements and contracts in order to become a WE Distributor. Similarly, Distributors shall not require or encourage other current or prospective Customers or Distributors to make any purchase from, or payment to, any individual or
other entity to participate in the WE Compensation Plan other than those purchases or payments identified as recommended or required in official WE literature.
All Distributors shall safeguard and promote the good reputation of WE and its products. The marketing and promotion of WE, the WE opportunity, the Compensation Plan, and WE products and services shall be consistent with the public interest and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. To promote both the products and services, and the tremendous opportunity WE offers, Distributors must use the sales aids and support materials produced or approved by WE. The rationale behind this requirement is simple. If WE Distributors were allowed to develop their own sales aids and promotional materials, notwithstanding their integrity and good intentions, there is a high likelihood that they would unintentionally violate any number of statutes or regulations affecting a WE business. These violations, although they may be relatively few in number, would jeopardize the WE opportunity for all Distributors.
The system shall make no product or income claims. Accordingly, Distributors must submit all proposed personal development system, coaching system, sales aids, lead generation systems, promotional materials, advertisements, and other literature to the Company for approval to worldwiderections@gmail.com Unless the Distributor receives specific written approval to use such tools, the request shall be deemed denied. Independently produced websites are not permitted unless approved by the Company. WE shall not permit Distributors to sell any systems or sales aids to other WE Distributors. Therefore, Distributors who receive authorization from WE to produce their own sales aids may not sell such material to any other WE Distributor. Distributors may make approved material available to other Distributors free of charge if they wish, but may not charge other WE Distributors for the material unless express written approval is received from the Company. Distributors are prohibited from reproducing or copying written documents or marketing materials, films or sound recordings identical or deceptively similar to any materials produced by the Company. Any Distributor receiving written authorization from WE to produce sales tools grants WE an irrevocable and royalty free license to use such tools, and to make such tools available to other Distributors. WE further reserves the right to rescind approval for any personal development or coaching systems, sales tools, promotional materials, advertisements, or other literature, and Distributors waive all claims for damages or remuneration arising from or relating to such rescission.
If a Distributor 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. This program permits Distributors to advertise on the Internet and can be personalized with the Distributor’s message and the Distributor’s contact information. These websites seamlessly link directly to the official WE website giving the Distributor a professional and Company approved presence on the Internet. No Distributor may independently design a website that uses the names, logos, or product descriptions of WE or otherwise promotes (directly or indirectly) WE products or the WE opportunity, unless previously approved by the WE Compliance Team . A Distributor may not use ‘blind’ ads on the Internet that make product or income claims which are ultimately associated with WE products, the WE opportunity, or the WE Compensation Plan. See Social Media and Internet Addendum to Policies and Procedures, infra for additional information.
Except as expressly provided for in these Policies and Procedures, Distributors shall not use online blogs, chat rooms, social networks, online auction sites, or any other online forum to sell WE’ products or services.. See Social Media and Internet Addendum to Policies and Procedures, for Company Policies relating to Social Media usage.
Distributors may not use or attempt to register any of WE’ trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain or replicated website name. Nor may Distributors incorporate or attempt to incorporate any of the Company’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, into any electronic mail address. If any Distributor owns or otherwise controls domain names or email addresses related to the Company business or its products and services, Company reserves the right to require the Distributor to transfer ownership and control to Company at the cost Distributor paid for such domain names or email addresses.
WE will not allow the use of its trade names, trademarks, designs, or symbols by any person, including WE Distributors, without its prior written permission. Distributors may not produce for sale or distribution any recorded Company events and speeches without written permission from WE nor may Distributors reproduce for sale or for personal use any recording of Company-produced audio or videotape presentations.
WE Independent Distributors are not authorized to speak to any media source, including but not limited to radio, television, reporters for newspapers, magazines, advertisement outlets, or bloggers. Distributors must not attempt to respond to media inquiries regarding WE, its products or services, or their independent WE business. All inquiries by any type of media must be immediately referred to the WE’ Public Relations Department at worldwiderections@gmail.com. WE’ PR Department will review the media referral and decide whether or not we will corporately proceed. This policy is designed to assure that accurate and consistent information and a proper public image are provided to the public. Distributors may not utilize media outlets for advertising, distribution or promotion of WE products or opportunity without the express written consent of WE PR or Compliance Departments. WE does not allow use of celebrity pictures or endorsements indicating use of WE products or services. WE also does not allow Distributors to make claims on images that are not their own or for which they do not have permission.
WE does not permit Distributors to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN-SPAM Act. Any email sent by a Distributor that promotes WE, the WE opportunity, or WE products and services must comply with the following:
a. There must be a functioning return email address to the sender.
b. There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning ‘opt-out’ notice).
c. The email must include the Distributor’s physical mailing address.
d. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
e. The use of deceptive subject lines and/or false header information is prohibited. Company.
Except as provided in this section, Distributors may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their WE businesses. The term ‘automatic telephone dialing system’ means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers. The term ‘unsolicited faxes’ means the transmission via telephone facsimile of any material or information advertising or promoting WE, its products, the Compensation Plan or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person’s prior express written invitation or permission; or (b) to any person with whom the Distributor has an established business or personal relationship. The term ‘established business or personal relationship’ means a prior or existing relationship formed by a voluntary two-way communication between a Distributor and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Distributor; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
Some Distributors use classified advertising in the newspapers to find prospects. The following rules apply:
a. No advertisement may imply that a ‘job’ or ’position’ is available.
b. No specific income may be promised.
c. Advertisements must contain no misleading facts or distortions of the Company opportunity or product line.
d. You must state that the opportunity is for an “Independent Distributor for WorldWide Erections LLC.
Bonus buying is strictly and absolutely prohibited. ‘Bonus buying’ includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Distributor Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Distributor or Customer; (c) the enrollment or attempted enrollment of
nonexistent individuals or entities as Distributors or Customers (‘phantoms’); (d) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; (e) attempt to cross sponsor or re-enroll an existing customer or distributor; or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bonaifide product or service purchases by end user consumers. A Distributor is allowed a total of 5 order transfer requests per month with a total bonus volume limit of 1,000 BV without violating this provision. The order can only be transferred to a distributor in the down-line of the distributor requesting the order transfer. Orders may only be transferred in full and may only be transferred once. An order transfer is where a Distributor places an order under themselves and then requests that this order be moved under another Distributor. Once a Distributor has reached the limit of 5 requests for the month, all other requests will be denied. Orders may not be moved to or from a Devoted or Direct Customer. A Distributor may not also be a Devoted Customer. Distributors are prohibited from placing orders directly on another Distributor or Devoted Customer account using their own or a prepaid credit card to make payments or use another account to ship orders to themselves. All bonuses,
applicator rewards, product credits, and commissions earned belong to the account holder and can only be redeemed by the account holder. A Distributor found to be in violation of this policy will be subject to the disciplinary sanctions as set forth in Section 8.1.
A corporation, limited liability company (LLC), partnership or trust (collectively referred to in this section as a ‘Business Entity’) may apply to be a WE Distributor by submitting its Certificate of Incorporation, Certificate of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the ‘Entity Documents’) to WE, along with a properly completed Distributor Application and Agreement. If a Distributor enrolls online, the Entity Documents must be submitted to WE within 30 days of the online enrollment. (If not received within the 30-day period, the Distributor Agreement shall automatically terminate.) Members of the entity are jointly and severally liable for any indebtedness or other obligation to WE.
To prevent the circumvention of Section3.27 (regarding transfers and assignments of a WE business), if an additional partner, shareholder, member, or other business entity affiliate is added to a business entity, the original applicant must remain as a party to the original Distributor Application and Agreement. If the original Distributor wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with Section 3.27. If this process is not followed, the business shall be canceled upon the withdrawal of the original Distributor. All bonus and commission checks will be sent to the address of record of the original Distributor. Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 3.5, below. There is a $35 USD fee for each change requested, which must be included with the written request and the completed Distributor Application
and Agreement. WE may, at its discretion, require notarized documents before implementing any changes to a WE business. Please allow thirty (30) days after the receipt of the request by WE for processing.
A WE business may change its status under the same Enroller from an individual to a partnership, LLC, corporation or trust, or from one type of entity to another. There is a $35 USD fee for each change requested, which must be included with the written request and the completed Distributor Application and agreement. Such changes are effective once form is submitted, processed and approved In addition, Distributors operating their WE businesses utilizing a business entity must notify WE of the
addition or removal of any officers, directors, shareholders, managers, members or business associates of the business entity.
To protect the integrity of all WE Marketing Organizations and to safeguard the hard work of all Distributors, requests for enroller or placement changes from one Distributor to another are rarely if ever permitted.
Requests for change of enroller or placement must be submitted in writing via ticket submission and must include the reason(s) for the change. Changes will only be considered in the following two circumstances:
a. In cases in which the new Distributor is enrolled by someone other than the individual he or she was led to believe would be his or her Enroller, a Distributor may request that he or she be transferred to another organization with his or her entire Marketing Organization intact. All request for transfer alleging fraudulent enrollment practices shall be evaluated on a case-by-case basis. Requests for transfer under this policy will be evaluated on a case-by-case basis and must be made within 24 hours from the date of enrollment. The Distributor requesting the change has the burden of proving that he or she was placed beneath the wrong Distributor.
b. In the event of placement error during sign up, placement changes for Distributors and Devoted Customers must be requested through Customer Service within 24 hours of enrollment. For security purposes, changes can only be requested by the original Enroller or the Distributor/Devoted Customer being moved. In the event of an enrollment error during sign up, enrollment changes for Distributors or Devoted Customers must be requested by the new enrollee through Customer Service within 24
hours of enrollment. Requests for placement or enrollment corrections cannot be made for those who have a start date prior to the enrollment date of the Devoted Customer or Distributor they are requesting to be moved under. Only the first request for placement or enrollment correction for a new Devoted Customer of Distributor will be honored. We are unable to accept third party requests for these changes. Any disputes will need to be verified by the enrollee being moved and will only be done with Company approval. Direct Customers cannot be moved. If there is a change requested for any other purpose other than user error during sign up, then WE shall evaluate the situation on a case-by case basis. The enrollee requesting the change has the burden of proving that he or she as placed beneath the wrong Enroller. In cases wherein the appropriate Enroller change procedures have not been followed, and a Marketing Organization has been developed in the second business developed by a Distributor, WE reserves the sole and exclusive right to determine the final disposition of the Marketing Organization. Resolving conflicts over the proper placement of a down-line that has developed under an organization that has improperly switched Enrollers is often extremely difficult. Therefore, DISTRIBUTORS WAIVE ANY AND ALL CLAIMS AGAINST WE THAT RELATE TO OR ARISE FROM THE WE DECISION REGARDING THE DISPOSITION OF ANY MARKETING ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION OR DISTRIBUTOR THAT HAS IMPROPERLY CHANGED LINES OF ENROLLMENT.
A Distributor may legitimately change organizations, sponsorships, or leadership level Enrollers by voluntarily cancelling his or her WE business and remaining inactive (i.e., no purchases of WE products for resale, no sales of WE products, no sponsoring, no attendance at any WE functions, and no participation in any other form of Distributor activity or operation of any other WE business) for three (3) months. This three month prohibition applies to spouses, immediate family members and businesses. Following the three month period of inactivity, the former Distributor may reapply under a new Enroller; however, the former Distributor’s Marketing Organization will remain in the original line of sponsorship. WE will consider waiving the three month waiting period under exceptional circumstances. Such requests for waiver must be submitted to WE in writing.
A Distributor is fully responsible for all of his or her verbal and written statements made regarding WE products, services, and the Compensation Plan which are not expressly contained in official WE materials. Distributors agree to indemnify WE and WEs’ directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by WE as a result of the Distributor’s unauthorized representations or actions. This provision shall survive the termination of the Distributor Agreement.
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by WE may be made except those contained in official WE literature. In particular, no Distributor may make any claim that WE products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate WE policies, but they potentially violate federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act. Company products may only be advertised and used according to the label specifications at the specified dosage. Unless the label specifically states that the product is suitable for children, Company products are to be used by adults only. Testimonials must receive written approval from WE’ corporate Compliance Department before being posted or published in any forum. Send submissions via support ticket in your eStore in the Compliance Approvals category.
WE recommends using corporate approved Before and After photographs located on the WE Corporate Facebook page and in eStore. These Before and After photos are preapproved for use and have the proper disclaimers attached. In the event that you wish to create your own Before and After photos they must either be your own personal images or you must have written permission to use the images from the person in the image utilizing the Consent Form located in eStore. If you do not have personal written permission, you cannot post (or re-post) a picture on Facebook or other social media. All Before and After photos must meet company branding standards and be approved by the Compliance Department before posting. Please reference the Before and After Photo Guidelines in eStore for exact direction.
Disclosure Statement When presenting the WE business or discussing the Compensation Plan with a prospective Distributor, or if a Distributor makes an income representation to a prospective Distributor, the Distributor must provide the prospect with a copy of WE Income Disclosure Statement (the “IDS”). The terms ‘income representation’ and/or ‘earnings representation’ (collectively ‘income claim’) include: (1) statements that a specific amount of income has been or may be easily achieved, (2) statements that, although not specifically stating a given income level has been or may be achieved, imply that such income is possible, (3) statements of earning ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of ‘statements of non-average earnings’ include, “Our number one Distributor earned XXX dollars last year” or “Our average (rank) makes XXX per month.” An example of a ‘statement of earnings ranges’ is “The monthly income for (rank) is XXX on the low end to YYY on the high end.” A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one’s dreams, having everything one always wanted, and are phrased in terms of ‘opportunity’ or ‘possibility’ or ‘chance.’ Claims such as “My WE income exceeded my salary after six months in the business,” or “Our WE business has allowed my wife to come home and be a full-time mom” also fall within the category of ‘lifestyle’ claims. A hypothetical income claim exists when you attempt to explain the operation of the Compensation Plan through the use of a hypothetical example. Certain assumptions are made regarding the: (1) number of Distributors sponsored, (2) number of downline Distributors, (3) average product volume per Distributor, and (4) total organizational volume. Running these assumptions through the Compensation Plan yields income figures which constitute income claims. In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective Distributor or Distributors in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge through eStore and is also viewable on the corporate website at www.worldwiderections.com
In general, Distributors may not sell WE products from a commercial outlet, nor may Distributors display or sell WE products or literature in any Devoted establishment. The exception to this rule involves sales in service establishments where the nature of the business is to service customers and no competing products are sold by the facility. These types of businesses include, but are not limited to, barbershops, salons, doctor offices, and health clubs. The sale of products within these facilities must be conducted by a Distributor whereby the prospect is introduced to the products and opportunity just as if they met outside of the Devoted facility. Only Company-produced literature, banners and signage may be used and may be displayed on a shelf, counter, or wall by itself. No products may be openly displayed from a shelf for Devoted sale. Company products may not be rebranded in any way, and all Company trademarks must be displayed. No Company product may be marketed as a generic
product or service.
In California dietary supplements may not be sold in any Devoted establishments. All customer orders must be submitted through the Company website or eStore.
Distributors may display and/or sell WE products at trade shows and professional expositions in the countries we are officially open for business. The Company policy is to authorize only one WE business per event. Company recommends registering under the name “WE Independent Distributor” and inquiring if there are any other registrants using that name. WE further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the WE opportunity. No Distributor may sell or promote the Company’s products or business opportunity at swap meets, garage sales, flea markets or farmers markets as these events are not conducive to the professional image that WE wishes to portray. When attending an event you must adhere to the following policies relative to participation in temporary sales forums:
a. Only one WE booth is allowed per show or event. It is your responsibility to check with the show manager or promoter to ensure there are no other Distributors contracted before you contract for space.
b. Only current WE Independent Distributors are authorized to contract for booth space exhibiting WE products. The contract is between the Independent Distributor and the Event Sponsor. WE is not, and may not be made, a party to a contract between you and an event organizer.
c. You must also write on the contract, or in a cover letter you attach to the contract, that It Works has a one‐booth‐per‐show policy and that, in making the show or event manager aware of our policy, you are asking in writing that the show not allow other WE Independent Distributors to display or sell WE products.
d. Company products and opportunity are the only products or opportunity that may be offered by Distributor at the trade show. Only Company-produced or approved marketing materials may be displayed or distributed.
In the event of a double-booking, the Independent Distributor with a valid/signed contract and proof of payment from the event company with the earliest date will be allowed to do the event if:
a. The application has been filled out completely and accurately per WE policies; and
b. The second applicant was aware that there was a WE booth already contracted and paid, but the second applicant signed up anyway.
Not all shows follow the same policies regarding multiple vendors from the same company at their events. Some event managers will knowingly double-book because their policies do not limit the number of vendors from any one company. In the event there is a double-booking, and both parties filled out applications appropriately, made the event manager aware of Company policy to only have one vendor per show, and were unaware of the other Consultant, there are three (3) options: 1. Work with the other Distributor to come up with an equitable agreement to do the show together in a single booth or to operate a separate booth at the same show. 2. Ask the event promoter to have the second contracted Distributor removed from the show. (This will only work if you have followed the procedure to inform the manager of WE policy of only allowing one booth per show in writing, AND if they are willing to cooperate.) 3. Request that the event manager refund your money. (This will also only work if you have followed the procedure to inform the manager of our policy of only allowing one booth per show.)
WE Distributors are free to participate in other non-competing multilevel or network marketing business ventures or marketing opportunities (collectively ‘network marketing’). However, during the term of this Agreement, Distributors may not directly or indirectly Recruit other WE Distributors or Customers for any other network marketing business. Following the cancellation of a Distributor’s Agreement, and for a period of six (6) calendar months thereafter, with the exception of a Distributor who was personally sponsored by the former Distributor, a former Distributor may not recruit any WE Distributor or Customer for another network marketing business. Distributors and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entirety of North America and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Distributors and WE agree that this non-solicitation provision shall apply to all markets in which WE conducts business. The term ‘Recruit’ means the actual or attempted sponsorship, solicitation, enrollment, ecouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another WE
Distributor or Devoted Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. The conduct described in the preceding sentence constitutes Recruiting even if the Distributor’s actions are in response to an inquiry made by another Distributor or Devoted Customer. Announcement that a Distributor is joining a new network marketing opportunity on his or her Facebook page or other social media site also constitutes Recruiting as such announcements are veiled efforts to induce inquiries from others about the new opportunity that the Distributor has joined.
Distributors must not sell, or attempt to sell, any competing non-WE programs, products or services. Any program, product or service that is offered through network marketing or multi-level marketing in the same generic categories as WE products or services is deemed to be competing, regardless of differences in cost, quality, or other distinguishing factors.
Direct Selling Programs If a Distributor is engaged in other non-WE direct selling programs, it is the responsibility of the Distributor to ensure that his or her WE business is operated entirely seperate apart from any other program in which the Distributor participates whether online or offline. To this end, the following must be adhered to:
a. The Distributor shall not display WE promotional materials, sales aids, products or services with or in the same location as any non-WE promotional materials, sales aids, products or services.
b. The Distributor may not offer the WE opportunity, products or services to prospective or existing Customers or Distributors in conjunction with any non-WE program, opportunity, product or service.
c. The Distributor may not offer any non-WE opportunity, products, services, or opportunity at any WErelated meeting, seminar or convention, or within two hours and a five mile radius of the WE event. If the WE meeting is held telephonically or via the internet, any non-WE meeting must be at least two hours before or after the WE meeting, and on a different conference telephone number or internet web address from the WE meeting.
Reports and eStore Access. Downline Activity Reports are available for Distributor access and viewing at the Company eStore of each Distributor’s replicated WE website. Furthermore, access to a Downline Activity Report is a privilege and not a right. WE reserves the right to suspend a Distributor’s access to a Downline Activity Report if the Company reasonably believes that the Distributor is utilizing, sharing or posting the Downline Activity Report inappropriately. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to WE. The Distributor and WE agree that, but for this agreement of confidentiality and nondisclosure, WE would not provide Downline Activity Reports to the Distributor. A Distributor shall not, on his or her own behalf, or on behalf of any other person or entity:
a. Directly or indirectly use or disclose any information contained in any Downline Activity Report or in eStore to any third party;
b. Directly or indirectly disclose the password or other access code to his or her eStore;
c. Use the information contained in any Downline Activity Report or eStore to compete with WE or for any purpose other than managing or supporting his or her WE business; or
d. Recruit or solicit any Distributor or Customer listed on any Downline Activity Report or in eStore, or in any manner attempt to influence or induce any Distributor or Customer to alter their business relationship with WE. Upon demand by the Company, any current or former Distributor will return the original and all copies of Downline Activity Reports or other information to the Company.
Actual or attempted cross-sponsoring is strictly prohibited. ‘Cross-sponsoring’ is defined as the enrollment of an individual or entity that already has a current Customer or Distributor Agreement on file with WE, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship or leadership level Enrollers. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, fictitious ID numbers or any straw-man or other artifice to circumvent this policy is prohibited. Distributors shall not demean, discredit or defame other WE Distributors in an attempt to entice another Distributor to become part of the first Distributor’s Marketing Organization. This policy shall not prohibit the transfer of a WE business in accordance with Section 3.27. If Cross-sponsoring is discovered, it must be brought to the Company’s attention immediately. WE may take disciplinary action against the Distributor that changed organizations and/or those Distributors who encouraged or participated in the Crosssponsoring. WE may also move all or part of the offending Distributor’s Marketing Organization to his or her original Marketing Organization if the Company deems it equitable and feasible to do so. However, WE is under no obligation to move the Crosssponsored Distributor’s Marketing Organization and the ultimate disposition of the organization remains in the sole discretion of WE. Distributors waive all claims and causes of action against WE arising from or relating to the disposition of the cross-sponsored Distributor’s Marketing Organization.
Distributors must notify the Company within three (3) days following month end if they believe volume and/or rank is incorrect. After verifying rank and volume, if a Distributor believes any errors have been made regarding commissions or bonuses, the Distributor must notify WE in writing within 30 days of the date of the alleged error or incident in question. WE will not be responsible for any errors, omissions or problems not reported to the Company after these dates.
Neither Federal nor State regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Distributors shall not represent or imply that WE or its Compensation Plan have been ‘approved’, ‘endorsed’ or otherwise sanctioned by any government agency.
Distributors must not manipulate enrollments of new applicants and purchases of products. All Distributor Applications and Agreements and product orders must be sent to WE within 72 hours from the time they are signed by a Distributor or placed by a Customer, respectively. Any changes in placement of volume must be completed within 24 hours of entry of product orders.
All US Distributors are required to provide their Social Security Number or a Federal Employer identification Number to WE through the Distributor Application and Agreement. Upon enrollment, the Company will provide a unique Distributor Identification Number to the Distributor by which he or she will be identified. This number will be used to place orders and track commissions and bonuses.
Each Distributor is responsible for paying local, state and federal taxes on any income generated as an Independent Distributor. If a WE business is tax exempt, the Federal Employer Identification Number must be provided to WE. Every year, WE will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) had earnings of over $600 in the] previous calendar year; or 2) made purchases during the previous calendar year in excess of $5,000.
Distributors are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between WE and its Distributors does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Distributor. Distributors shall not be treated as an employee for his or her services or for federal or state tax purposes. All Distributors are responsible for paying local, state, and federal taxes due from all compensation earned as a Distributor of the Company. The Distributor has no authority (expressed or implied), to bind the Company to any obligation. Each Distributor shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Distributor Agreement, these Policies and Procedures, and applicable laws.
The name of WE and other names as may be adopted by WE are proprietary trade names, trademarks and service marks of WE. As such, these marks are of great value to WE and are supplied to Distributors for their use only in an expressly authorized manner. Use of the WE name on any item not produced by the Company is prohibited, except as follows: [Distributor’s Name] Independent Distributor for WE
All Distributors may list themselves as an ‘WE® Independent Distributor’ in the white or yellow pages of a telephone or online directory under their own name. No Distributor may place telephone directory display ads using WE’ name or logo. Distributors may not answer the telephone by saying “WE”, “WE Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of WE.
You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business related injuries or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple ‘Business Pursuit’ endorsement attached to your present homeowner’s policy. The Company maintains product liability insurance for all of its products. A copy of the Vendor
Insurance Form can be found in your eStore under the Forms section of the Documents tab. If the event you are attending requires a named insured, please complete the Liability Certificate of Insurance Form that includes: date of event, all names to be insured, event holder name and address, and address where event is being held. Once completed a copy of the Vendor Insurance form will be emailed to the distributor that submitted the form. Please make sure to submit your request no later than ten (10) business days prior to your event.
We maintain the right to alter this Policy at any time and we recommend that you review it periodically so that you will be aware of any updates. If you have any questions or concerns about this Privacy Policy, the practices of the Site, or your dealings with the WE website. Please contact us at
1-877-269-3085 or
worldwiderections@gmail.com
WorldWide Erections LLC.
500 S. 7th Street,
PO Box 1605
Opelika, Alabama 36803
We PLEDGE to provide high quality products at affordable prices, OFFER an innovative business opportunity for which ordinary people could succeed, COMMIT to providing superior customer service
We PLEDGE to provide high quality products at affordable prices, OFFER an innovative business opportunity for which ordinary people could succeed, COMMIT to providing superior customer service
