These Policies and Procedures, in their present form and as amended from time to time at Crypto World Evolution’s discretion, are incorporated into the Crypto World Evolution Independent Business Owner User Agreement. They are the terms and conditions of the Independent Business Owner's contract with Crypto World Evolution. It is the responsibility of each Independent Business Owner to read, understand, adhere to, and ensure that he/she is aware of and operating under the most current version of these Policies and Procedures. You must also comply with the description of the Compensation Plan and honor all applicable laws in the country in which you operate your Crypto World Evolution business. The words "company" and "CWE", when used in these documents, refer to Crypto World Evolution, or CWE, and the term "IBO" means "Independent Business Owner". An Independent Business Owner is an independent contractor, not an employee of CWE. The purpose of the Independent Business Owner Agreement is: to define the relationship between CWE and the IBO; to set standards of acceptable business behavior; to assist IBO in building and protecting their business. Changes - The Company may from time to time amend the terms and conditions of the IBO User Agreement, Policies and Procedures, Compensation Plan and Software Price List. Amendments shall be effective upon notification of the changes in official CWE publications, website(s), and/or electronic notifications distributed to all active IBOs.
Consequences of Delays, Closures and Platform Set Up Mistakes - CWE shall not be responsible for delays and failures in performing its obligations due to circumstances beyond its reasonable control, such as strikes, labor difficulties, riots, war, fire, death, curtailment or interruption of a source of supply, government decrees or orders, cyber hacking, currency exchange issues, cryptocurrency trading platform temporary shutdowns and/or closures, the consequences of an IBO clicking the YES/ON button on the trading platforms for withdrawing cryptocurrencies, and any other trading platform set up mistakes made by the IBO in direct conflict with CWE trainings and guidelines, etc.
Duration of the IBO licenses
The IBO license lasts for one year regardless of the status or packages purchased. After this period, the IBO must renew the license, be active and qualified to continue operating normally. If the IBO does not renew the license in the term, the account will be inactive for a period of 90 days, during which time it will not generate any commission and any access to it will be blocked. If 90 days have passed since the expiration of the license and the IBO still persists in NOT to renew, the possibility of access will be permanently eliminated from our system.
Operating as an Independent Business Owner
Actions of Household Members or Affiliated Individuals - If any member of an IBO’s immediate household engages in any activity which, if performed by the IBO would violate any provision of the Independent Business Owner User Agreement, such activity will be deemed a violation by the IBO. Adherence to the CWE Compensation Plan – an IBO must adhere to the terms of the CWE Compensation Plan as set forth in official CWE literature or official CWE website(s). IBO shall not offer the CWE opportunity through, or in combination with, any other opportunity or unapproved method of marketing (unless approved by CWE Corporate or Compliance Department). IBO shall not require or encourage other current or prospective Customers or IBOs to participate in CWE in any manner that varies from the program as set forth in official CWE literature. IBO shall not require or encourage other current or prospective Customers or IBOs to execute any agreement or contract other than official offline or online CWE agreements and contracts in order to become an IBO. Similarly, IBO shall not require or encourage other current or prospective Customers or IBOs to make any purchase from, or payment to, any individual or other entity to participate in the CWE Compensation Plan, other than those purchases or payments identified as recommended or required in official CWE literature or official CWE websites(s).
In general - IBO must avoid all discourteous, deceptive, misleading, illegal, unethical, or immoral conduct or practices in their marketing and promotion of CWE, the CWE opportunity, the Compensation Plan, and CWE's software products. No IBO may produce unauthorized sales, marketing, and support materials to market or promote CWE, the CWE opportunity, the Compensation Plan, CWE's products, or their CWE businesses (unless approved by CWE Corporate or Compliance Department in writing). All IBO may only use sales aids and support materials produced or currently approved by CWE. Sales, marketing and support materials include, but are not limited to, training and recruiting information, brochures, flyers, pamphlets, posters, postcards, letters, classified advertisements, etc. promoting CWE's software products and services, as well as e-mail messages, voice mail message recordings, and Internet Websites used to publicize CWE, its software products, services, or Compensation Plan. If IBO does use his/her own materials or marketing methods, the IBO must contact CWE Compliance for pre-approval. Otherwise, use of such information in unauthorized. Media Inquiries - IBO must refer all media inquiries regarding CWE to the CWE Compliance Department. This will ensure that accurate and consistent information reaches the general public. Trademarks and Copyrights - An IBO may not use the CWE trademark or trade name or corporate logo to promote their independent business. Rather, they must use the "Independent Business Owner" logo to promote their business. A reproducible copy of the logo can be obtained from CWE. However, this logo may only be used on personal stationery and specifically approved literature but not on clothing, signage, or motor vehicles (unless pre-approved by CWE Compliance). IBO may describe themselves as an "Crypto World Evolution Independent Business Owner" in the business pages of offline and online telephone directories. IBO should not answer the telephone in any manner that might indicate or suggest that the caller has reached a CWE corporate office. IBO may not record or reproduce materials from any CWE corporate function, event, speech, etc. (unless pre-approved by CWE Compliance). IBO may not record, reproduce, or copy any presentation or speech by any CWE spokesperson, representative, speaker, officer, director, or other IBO. IBO may not reproduce or copy any recording of a CWE- produced media presentation including audio tapes, videotapes, CDs, etc. IBO may not publish, or cause to be published, in any written or electronic media, the name, photograph or likeness, copyrighted materials, or property of individual Independent Business Owners with CWE without express written authorization from the individual and/or CWE. Independent Business Owners may not publish, or cause to be published, in any written form or electronic media, the copyrighted materials or property of CWE, without express written authorization from CWE. Use of Independent Business Owner’s Name, Likeness, and Image - Independent Business Owner’s consents to CWE's use of his/her name, testimonial (or other statements about CWE, its products or opportunity in printed or recorded form, including translations, paraphrases, and electronic reproductions of the same), and image or likeness (as produced or recorded in photographic, digital, electronic, video or film media) in connection with advertising, promoting, and publicizing the CWE opportunity or products, or any CWE-related or -sponsored events.
Independent Business Owners claims and Representations
Trading Profit Claims – IBO must not make claims that CWE’s software will produce any guarantee profits of any kind. There are many variables which affect the performance of the software such as market conditions, cryptocurrency volatility, day and time of trade, just to mention of few variables. Thus there is no way predict trading software results. You can only mention performance characteristics as contained in official CWE literature. Income Claims – IBO’s may not make income projections or claims or disclose their CWE income (including the showing of checks, copies of checks, bank statements, or trading results) when presenting or discussing the CWE opportunity or Compensation Plan, except as set forth in official CWE literature. Unauthorized Recruiting - As an independent contractor, IBO’s may participate in other direct selling or affiliate marketing or network marketing or multi level marketing ventures (collectively, "multi level marketing"), and IBO’s may engage in selling activities related to non-CWE products and services, if they desire to do so. Although an IBO may elect to participate in another multi level marketing opportunity, he/she is prohibited from unauthorized recruiting activities, which include the following: recruiting or enrolling CWE customers or IBO’s for other multi level marketing business ventures, either directly or through a third party. This includes, but is not limited to, presenting or assisting in the presentation of other multi level marketing business ventures to any CWE Customer or IBO, or implicitly or explicitly encouraging any CWE Customer or IBO to join other business ventures. It is a violation of this policy to recruit or enroll a CWE Customer or IBO for another multi level marketing business, even if the IBO does not know that the prospect is also a CWE Customer or IBO; producing any literature, tapes, or promotional material of any nature for another multi level marketing business which is used by the IBO or any third person to recruit CWE Customers or IBO for that business venture; selling, offering to sell, or promoting any competing products or services to CWE Customers or IBO. Only exception to this rule are that direct customer and personal enrollees of the IBO can be exposed to a product or service (first level, personally sponsored only). CWE may cancel the IBO’s agreement for violations to this provision. In addition, when an IBO participates in other multi level marketing ventures, the IBO may not participate in any CWE leadership meetings, conferences, qualification seminars, and the like. Post cancellation Solicitation Prohibited - A former IBO shall not directly or through a third party solicit any IBO or Customer to enroll in any direct sales, network marketing, or multi level marketing program or opportunity for a period of one (1) year after the cancellation of an individual or entity's IBO User Agreement. This provision shall survive the expiration of the IBO obligations to CWE, pursuant to the IBO User Agreement. Downline Genealogy Reports - The CWE Downline Genealogy Reports are confidential and contain proprietary business trade secrets. An IBO may not use the reports for any purpose other than for developing their CWE business. During any term of the IBO User Agreement and for a period of five (5) years after the termination or expiration of the IBO User Agreement between Independent Sales Associate and CWE, for any reason whatsoever, an IBO shall not, on his/her own behalf or on behalf of any other person, partnership, association, corporation, or other entity: disclose any information contained in the reports to any third party; use the reports to compete with CWE; or recruit or solicit any IBO or Customer listed on the reports to participate in other multi level marketing ventures. This provision shall survive the termination or expiration of this Agreement
Corporation, Partnerships, and Trusts - A corporation, partnership, or trust (collectively referred to in this section as an "Entity") may apply to be an IBO by submitting its Certificate of Incorporation, Partnership Agreement, or trust documents (these documents are collectively referred to as the "Entity Documents") to CWE along with a properly completed Corporation, Partnership DBA Registration Form. An IBO may change its status under the same sponsor from an individual to a partnership, corporation, or trust, or from one type of entity to another. To do so, the IBO must provide the entity documents and a properly completed IBO Agreement and the appropriate registration form. The Corporation, Partnership DBA Registration Form must be signed by all of the directors, shareholders, partners, trustees, or other individuals having ownership interest in the business. Members of the entity are jointly and severally liable for any indebtedness or other obligations to CWE. As set forth herein, individual may participate directly or indirectly in more than one IBO but must be enrolled by the same sponsor. It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed. CWE reserves the right to approve or disapprove any Independent Sales Associate Application and Agreement submitted by an Entity. For the purpose of recognition and rewards, CWE will only recognize a maximum of two persons in the Entity. The Entity must nominate each year, at its Independent Sales Associateship renewal time, the two nominees who may be the recipients of any recognition, rewards, trips, and the like which the entity becomes entitled to participate in. Deceptive Practices - IBO must fairly and truthfully explain the CWE products, opportunity, Compensation Plan, and Policies and Procedures to prospective IBO’s. This includes: Being honest and thorough in presenting material from the CWE Compensation Plan to all potential IBO’s; making clear that income from the CWE Compensation Plan is based on software sales and not merely on sponsoring other IBO’s; IBO shall not make trading profit claims; making estimates of profit that are based on reasonable predictions for what an average IBO would achieve in normal circumstances; representing that past earnings in a given set of circumstances do not necessarily reflect future earnings; not misrepresenting the amount of expenditure that an average IBO might incur in carrying on the business; not misrepresenting the amount of time an average IBO would have to devote to the business to achieve the profit estimated, and not stating that profits or earnings are guaranteed for any individual IBO; never stating or inferring that you will build a downline organization for anyone else; never stating that profits or earnings are guaranteed for an individual IBO; and never stating that any consumer, business, or government agency has approved or endorsed the CWE products or its Compensation Plan. Independent Contractor Status – IBO’s are independent contractors and are not purchasers of a franchise or business opportunity. The agreement between CWE and its IBO does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the IBO. All IBO’s are responsible for paying their own income and employment taxes. IBO will not be treated as employees for any purpose including, but not limited to, workers compensation, superannuation, or insurance. Each IBO is encouraged to establish his/her own goals, hours, and methods of sale, so long as he/she complies with applicable laws and the terms and conditions of the IBO User Agreement.
International - IBO may sell and promote CWE's software products, opportunity, and services or recruit or enroll any potential IBO or customer only in countries in which CWE is approved for business, as announced in official CWE communications. If an IBO desires to conduct business in an authorized country other than the one in which they are an IBO, he/ she must comply with all the applicable laws and regulations for that country. Adherence to Laws and Ordinances - You must obey all laws that apply to your business in all jurisdictions and Countries you are conducting CWE business. One IBO per Account - An IBO may operate, receive compensation from, or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one IBO account. However, notwithstanding this rule, your spouse and their children who are of legal age may become an IBO and operate their individual IBO’s as long your spouse and family member’s IBO accounts are placed below one of your IBO account and not in a cross line sales organization. The IBO accounts must be a bona fide IBO that is operated by the person listed on the agreement and not by the owner of the first IBO. IBO shall not use business entities, trusts, or other devices to avoid this policy. An exception to this policy will be considered on a case-by-case basis if two IBO marry or in cases of a IBO receiving an interest in another IBO account through inheritance from an immediate family member. Requests for exceptions to this policy must be submitted in writing to the Compliance Department. Sale, Transfer, or Assignment of IBO - An IBO may not sell, transfer, or assign their IBO rights to any person or entity without CWE's express written approval. To obtain approval, you must: be an IBO in good standing as determined by CWE in its sole discretion; before any transfer will be approved by CWE, any debt obligations the selling IBO has with CWE must be satisfied; the transferring IBO must be in good standing and not in violation of any of the terms of the IBO User Agreement or these Policies and Procedures, to transfer his/her IBO; the combining of IBO is not permitted. CWE will not approve the transfer of an IBO to any individual or Entity that is a current IBO or who has an ownership interest in any IBO. Similarly, CWE will not approve the transfer of an IBO to any individual or Entity that has previously had any ownership interest in or operated, an IBO; no individual Business Centers may be transferred separately from the IBO. If an IBO wishes to transfer his/her IBO account, all Business Centers must be included in the transfer; the transferring IBO must notify the CWE Compliance Department of his/her intent to transfer the IBO account by completing and submitting a signed Transfer of IBO and IBO Application Form. No changes in line of sponsorship can result from the transfer of an IBO; the transferee must be eligible to become an IBO and be acceptable to CWE in every respect.
Separation of an IBO - If IBO’s wish to dissolve their jointly held IBO, they must do so in such a way as to not disturb the income or interests of their Up line and Down line Organizations. IBO should consider the following when deciding whether or not to dissolve a jointly held IBO: if a jointly owned IBO is dissolved, anyone of the joint owners may operate the IBO, but the other joint owners must relinquish their rights to, and interests in, the IBO; CWE cannot divide a Down line Organization, nor can it split commission or bonus checks between the joint owners; if a jointly owned IBO is dissolved, the individual(s) who relinquished ownership in the original IBO may apply as new IBO under any Sponsor but may not purchase or join an existing IBO. Succession - If an IBO dies or becomes incapacitated, his/her rights to commissions, bonuses, and Down line Organization, together with all IBO responsibilities, will pass to his/her successor(s). Upon death or incapacitation, the successor(s) must present the CWE Compliance Department with proof of death or incapacitation, along with proof of succession, such as a Grant of Probate or an Enduring Power of Attorney, and a properly completed IBO Application and Agreement. You may inherit and retain another IBO even though you currently own or operate an IBO. Taxes - IBO must comply with all relevant taxation legislation. IBO should seek professional advice from their own accountant or tax advisor as to how to keep proper business records and account for tax aspects of their independent business. IBO’s CWE income may be subject to income tax and so must be properly accounted for in annual income tax returns. IBO’s conducting their CWE business in a business-like manner may also be entitled to deduct certain expenses incurred in earning their CWE income. Such expenses should be properly recorded and evidenced with receipts. Telephone and Email Solicitation - The use of any automated telephone solicitation equipment in connection with the marketing or promotion of CWE, its products, or the CWE opportunity is strictly prohibited. The use telemarketing operations to sell software products or services over the telephone, or to recruit IBO’s, is strictly prohibited. IBO’s are also forbidden from sending unsolicited e-mail messages or "spamming" to sell products or to recruit IBO. IBO should also make themselves familiar with relevant privacy legislation. Territories - There are no exclusive territories for marketing CWE software products or services, nor shall any IBO imply or state that he/she has an exclusive territory to market CWE products or services. Trade Shows and Expositions - IBO may display and/or sell CWE products at trade shows and expositions, but may not display or sell CWE products at swap meets, garage sales, flea markets, or farmers' markets as these events are not conducive to the image CWE wishes to portray. CWE cannot supply inventory on consignment to IBO operating stands at such events. All literature displayed at the event must be official CWE literature and must clearly identify the individual(s) as Independent Business Owners.
Transfer of Sponsorship
Conflicting Enrollments - Every prospective IBO has the ultimate right to choose his/her own Sponsor. As a general rule, the first IBO who does meaningful work with a prospective IBO is considered to have first claim to sponsorship. Basic tenets of common sense and consideration should govern any dispute that may arise. In the event that a prospective IBO or any IBO on behalf of a prospective IBO, submits more than one IBO Application and Agreement to CWE, listing a different Sponsor on each, the Company will only consider valid the first IBO Application and Agreement that it receives, accepts, and processes. If there is any question concerning the sponsorship of an IBO, the final decision will be made by CWE. Change of Sponsorship and Cross-line recruiting - CWE will not permit any change in the line of sponsorship except in the following circumstances: where an IBO has been fraudulently or unethically induced into joining. If you terminate your IBO in writing you may rejoin under the Sponsor of your choice after a period of four (4) months; following termination of your IBO, you may participate as a Customer during the four (4) month period. In the event you terminate your IBO, you forfeit all rights, bonuses, and commissions under your previous line of sponsoring. You may not avoid compliance with this policy through the use of DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers, etc. If you have been "inactive" (i.e., no purchases or sales of CWE products or participation in any other form as an IBO) for a period of four (4) successive months, you may terminate your IBO in writing and rejoin immediately under the Sponsor of your choice. Cross-line raiding is strictly prohibited. "Cross-line raiding" is defined as the enrolment or attempted enrolment of an individual or Entity that already has a current IBO User Agreement on ISA with CWE, or who has had such agreement within the preceding six (6) calendar months within a different line of sponsorship. The use of trade names, DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers or any other vehicle to circumvent this policy is prohibited. IBO may not demean, discredit, or invalidate other IBO in an attempt to entice another Independent Sales Associate to become part of the first IBO's Downline Organization.
Responsibilities of Independent Business Owners and Sponsors
Ongoing Supervision, Training, and Sales - Any IBO who sponsors another IBO into CWE must train the new IBO in product knowledge, effective sales techniques, the Compensation Plan, and the Policies and Procedures. IBO must also supervise and monitor IBO in their Downline Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an IBO progresses through the various levels of leadership, his/her responsibilities to train and motivate downline IBO will increase. Non-Disparagement - In setting the proper example for their downline, IBO must not disparage other IBO, CWE's Products, the Compensation Plan, or the Company's employees. Such disparagement constitutes a material breach of these Policies and Procedures. Holding Applications or Orders - All IBO must forward to CWE any forms and applications they receive from other IBO or applicant IBO, or Customers or applicant Customers, on the next business day after which the forms or applications are signed. Reporting Policy Violations - IBO should report any observed violations of a policy violation to the CWE Compliance Department.
The promotions published in CWE, have specified the characteristics for its fulfillment. IBOs must meet all the requirements indicated to qualify. In promotions that do not indicate the expiration date, the standard application deadline is 30 days from its publication. The promotions are not cumulative from one period to another. The prizes obtained in a promotion are not transferable, unless otherwise indicated. The change of ownership of an account does not involve the transfer of the prizes, or grades obtained. Offers for renewals expire 30 days after the end of your license.
Bonuses and Commissions
Bonus and Commission Cycles - CWE pays commissions on a daily, weekly and monthly cycles to the IBO’s Account located in the IBO Back Office. An IBO must review his/her commissions and report any errors or discrepancies to CWE within ten (10) days from the date of the commission payment. Errors or discrepancies which are not brought to CWE's attention within the 10 day period will be deemed waived by the IBO. Adjustment of Bonuses and Commissions – IBO’s earn commissions and bonuses based on software product sales to End Consumers. Accordingly, CWE will adjust commissions and bonuses earned from any sale when the IBO or any other End Consumer returns the sold software product for a refund. CWE will deduct the sales volume (PV) attributable to the returned product from the Upline IBO's group volume within the first two (2) weeks after the refund is given. Loss of Rights to Commissions - You must be an active IBO and in compliance with the terms of the Independent Business Owner User Agreement to qualify for commissions and bonuses. Unclaimed Commissions - IBO who provide CWE with incomplete or invalid bank account information will have their commission and bonus retained as a credit. Any unclaimed credit will be held in trust for 12 months, during which time CWE may periodically notify the IBO in writing of their credit balance.
Conditions to Receive Daily Vouchers
The user must be:
· an Active, Qualified IBO
· and have an active robot or has used the software to execute a trade within the last 30 days.
· IBOs can Share the banners that are located in Customer back office on the DAILY SHARE section.
Active IBO is one that is up to date with the annual fee of $ 29, be qualified and has purchased or sell one of the CWE packages (Intermediate, Advanced, Pro). That activates you in one Status. Those who meet these conditions can benefit from the Daily Voucher System. It is considered a verified shared banner when published on numerous social media sites including: Facebook, Instagram, LinkedIn, Twitter, WhatsApp, Pinterest, VK or email, and it generates direct traffic. On Facebook, the publication via API is verified automatically and you immediately see the share number in your customer back office. For all other social media sites, the receiver of the link must click on it for the IBO to receive credit. IBOs will be eligible for the Daily Voucher’s according to their status achieved and that the IBO shared and the number of shares stipulated in the Daily Sharing section: initially, 10 shares. This number can be modified by the Company.
Then, accordingly the IBO will receive:
- Intermediate: For daily sharing, you will receive 2.50 VP per published day, up to 365 days.
- Advanced: For daily sharing, you will receive 5 VP per published day, up to 365 days.
- PRO: For daily sharing, you will receive 12 VP per published day, up to 365 days.
This payment is not considered as a payment in USD, PVP or BTC.
The promotion has the same duration as the IBO's license: 365 days. Only the days in which all the shares are verified can benefit from the daily compensation, not being cumulative beyond the initial 365 days.
When upgrading categories, the corresponding daily compensation will also be upgraded, starting from the date of the upgrade.
Daily Voucher Uses
You can use the Daily Voucher payment to:
• Upgrade your package
• Renew your packages
• Generate a Voucher for your personal sales
When the IBO SELLS A PACK and collects the money full or partial with the voucher to pay the company, the company is going to report the money that she/he collects as earnings and it will be reflected in the total earnings. The full or portion of the cost of the voucher that is collected by the IBO doesn’t generate any Commission to the network structure.
The vouchers DO NOT GENERATE ANY COMMISSIONS
CWE will NOT pay any commissions to the structure when this happens.
Any package that is paid by the Daily Vouchers, will not count for any Categories or Status or Volume.
IBO’s can withdraw commissions from their “Withdrawal Available Wallet” in their back office. Once the withdrawal is requested, you will receive a single-use link in your email to proceed with the withdrawal. If more than 10 minutes have passed and you have not visited the link, the operation will be canceled. There is a withdrawal fee of 10%, based on the PV amount withdrawn. For example, if you request for 100PV to be withdrawn to your e-wallet of your choice, there is a 10PV withdrawal fee.
At the end of the IBO's license, if the IBO does not renew his membership and is Qualified , the IBO can request the withdrawal of his outstanding commissions. CWE is committed to returning all outstanding commissions. The calculation of the reimbursement will be made taking into account the moment in which the commission was generated minus the 10% withdrawal commission. The withdrawal will be calculated at the point where the BTC value was highest; at the point of withdrawal or deposit. Remember that the commissions are those generated by the compensation plan of the person that is charged, the TRANSFER WALLET are not commissions, they should only be used to buy the company's products. To make transfers or withdrawals the IBOS must be verified. It is only possible to make withdrawals or transfers without checking during the first 7 days or if it does not exceed 600pv in commissions since it was registered.
Dispute Resolution and Disciplinary Proceedings between Independent Sales Associates
Grievances and Complaints - When an Independent Sales Associate has a grievance or complaint with another Independent Sales Associate regarding any practice or conduct in relationship to their respective CWE businesses, the complaining Independent Sales Associate should first discuss the problem with the other Independent Sales Associate. If this does not resolve the problem, the complaining Independent Sales Associate should report the problem to his/her up line to resolve the issue at a local level. If the matter cannot be resolved, it must be reported in writing to the CWE Compliance Department. The Compliance Department will review the complaint and make a final decision. The complaint should identify specific instances of alleged improper conduct and, to the extent possible, identify the relevant dates on which the event(s) complained of took place, the location(s) where they occurred, and all persons who have firsthand knowledge of the improper conduct. Compliance Department Review - Upon receipt of a written complaint, the CWE Compliance Department will investigate the matter, review the applicable policies, and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions consistent with the provisions of this Agreement Disputes between CWE and Independent Sales Associates Mediation and arbitration - All unresolved disputes and claims relating to CWE, its Compensation Plan, its Products, the rights and obligations of its IBO and CWE, or any other claim or cause of action relating to product purchase(s) or performance, either of an IBO or of CWE under the Independent Business Owner User Agreement, shall first be put before a mediator acceptable to both parties for resolution. Each party shall bear its own costs in the mediation. Should mediation fail to resolve the dispute then it shall be put before arbitration in Orange County, California, USA. Each party to the arbitration shall be responsible for their own costs, including legal and filing fees. This agreement to mediate and, failing mediation, arbitrate will survive any cancellation or expiration of the Independent Business Owner User Agreement. Nothing in these Policies and Procedures shall prevent CWE from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary injunction, preliminary injunction, permanent injunction, or other available relief to safeguard and protect CWE's interest prior to, during, or following the filing of any arbitration or other proceeding, or pending the rendering of a decision or award in connection with any arbitration or other proceeding. The existence of any IBO claim or cause of action against CWE does not preclude CWE from enforcing the IBO’s covenants and agreements contained in the Independent Business Owner User Agreement. Jurisdiction, Venue, and Choice of Law - The jurisdiction and venue of any matter pursuant to this agreement shall reside in Orange County, California, USA. Disciplinary Actions - Violation of any of the terms and conditions of the Independent Business Owner User Agreement, or any illegal, fraudulent, deceptive, or unethical business conduct by an IBO, may result, at CWE's discretion, in one or more of the following sanctions: a written warning, clarifying the meaning and application of a specific policy or procedure, and advising that a continued breach will result in further sanctions; probation, which may include requiring an IBO to take remedial action and will include follow-up monitoring by CWE to ensure compliance with the Agreement; withdrawal or denial of an award or recognition, or restricting participation in CWE-sponsored events for a specified period of time or until the IBO satisfies certain specified conditions; suspension of certain privileges of IBO, including but not limited to placing a software product order, participating in CWE programs, progressing in the Compensation Plan, or participating as a Sponsor (including participating as an International Sponsor), for a specified period of time or until the IBO satisfies certain specified conditions; withholding commissions or bonuses for a specified period of time or until the IBO satisfies certain specified conditions; imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by CWE and as permitted by law; and/or terminating an IBO.
Independent Business Owner Services
Changes to the IBO - Each IBO must immediately notify CWE of all changes to the information contained on the Independent Business Owner Application and Agreement. IBO may modify their existing Independent Business Owner User Agreement by submitting a written request, a properly executed Independent Business Owner User Agreement, and appropriate supporting documentation. Certain changes can be made by the IBO in the IBO’s Back Office. Addition of Co-applicants - When adding a co-applicant to an existing IBO, CWE requires both a written request and a properly completed Independent Business Owner User Agreement containing the applicant's and co- applicant's signatures. The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Commission Statements/tax Invoices - Commission Statements/Tax Invoices are provided for all active IBO’s receiving a commission in your IBO Back Office. Errors or Questions - In the event an IBO has questions about or believes that any errors have been made regarding commissions, bonuses, Downline Genealogy Reports, orders, or charges, the IBO must notify CWE within thirty (30) days of the date of the purported error or incident in question. CWE will not be responsible for any error, omission, or problem not reported within ten (10) days. Resolving Problems - If you have any questions regarding shipments, orders, commissions and bonuses, or the Compensation Plan, please message CWE Support Services in your IBO Back Office. Inactivity and Cancellation Policies - IBO who do not meet the Active Status requirements specified in the CWE Compensation Plan may not receive a commission and may lose accumulated Sales Volume (PV) for the sales generated through their Downline Organization. Involuntary Cancellation - An IBO's violation of any of the terms of the Independent Business Owner User Agreement, including any amendments which may be made by CWE in its sole discretion from time to time, constitutes a material breach of the Independent Business Owner User Agreement and may result, at CWE's option, in any of the Disciplinary Actions listed herein, including cancellation of his/her IBO. Involuntary Cancellation of an IBO will result in the IBO's loss of all rights to his/her Downline Organization and any bonuses and commissions generated thereby. An IBO whose Agreement is involuntarily cancelled shall receive commissions and bonuses only for the last full calendar week prior to termination. When an IBO is involuntarily cancelled, the IBO will be notified by certified mail at the address on file with the Company or email on file. Cancellation is effective on the date on which written notice is mailed via certified mail, return receipt requested, to the Independent Business Owner's last known address or when the IBO receives actual notice of cancellation, whichever occurs first or the date and time the email was sent. In the event of such Involuntary Cancellation, the Independent Business Owner must immediately cease to representing himself/herself as an IBO. The IBO may appeal the termination to the CWE Compliance Department. The IBO's appeal must be in writing and must be received by the company within fifteen (15) calendar days of the date of CWE's cancellation letter. If CWE does not receive the appeal within the fifteen-day period, the cancellation will be final. The IBO must submit all supporting documentation with his/ her appeal correspondence. The written appeal will be reviewed by the Compliance Department. If the IBO files a timely appeal of termination, the Compliance Department will review and reconsider the termination, consider any other appropriate action, and notify the IBO in writing of its decision. This decision of the Compliance Department will be final. An IBO whose Independent Business Owner User Agreement is involuntarily cancelled may re-apply to become an IBO twelve (12) calendar months from the date of cancellation. Any such IBO wishing to re-apply must submit a letter to the CWE Compliance Department setting forth the reasons why he/she believes CWE should allow him or her to operate an IBO. It is within CWE's sole discretion whether to permit such an individual to again operate a CWE business. Written Cancellation - An IBO may cancel his/her Agreement with CWE at any time and for any reason by providing written notice or email to CWE indicating his/her intent to discontinue his/her IBO status. The written notice or email must include the IBO's signature, printed name, address, and appropriate identification number. Effect of Cancellation - Following an IBO's voluntary or involuntary cancellation, such former IBO shall have no right, title, claim, or interest to the Downline Organization which he/she operated or any bonus and/or commission from the sales generated by the organization. Following an IBO’s voluntary or involuntary cancellation, the former IBO shall not hold himself or herself out as an Independent Business Owner shall not have the right to sell CWE software products or services, must remove any CWE sign from public view, and must discontinue using any other materials bearing any CWE logo, trademark, or service mark. An IBO who is voluntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to his/her cancellation. An IBO whose Agreement is involuntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to cancellation, unless monies were withheld by the Company during an investigation period. If an investigation of the IBO’s conduct results in his/her involuntary cancellation, he/she shall not be entitled to recover withheld commissions and bonuses.
Active IBO - An IBO who is trading cryptocurrency using CWE’s software on a daily basis as set forth in the CWE Compensation Plan. IBO - An individual who has executed an Independent Business Owner User Application and Agreement which has been accepted by CWE. IBO’s are required to meet certain qualifications and are responsible for the training, motivation, support, and development of the IBO’s in their respective Downline Organizations. IBO are entitled to purchase CWE software products at IBO prices, enroll Customers and new IBO’s, and take part in all Company IBO programs. IBO User Agreement - The term Independent Business Owner User Agreement, as used in the Policies and Procedures, refers to the Independent Business Owner Application and Agreement, CWE's Policies and Procedures, and the Compensation Plan. Cancellation - Termination of an individual's IBO. Cancellation may be either voluntary or involuntary Involuntary Cancellation - Termination of an IBO which is initiated by CWE. Voluntary Cancellation - The termination of an IBO instituted by the IBO who elects to discontinue his/her affiliation with CWE for any reason. Downline Organization - An IBO’s downline Organization consists of all IBO below him/her. Genealogy Report - A report generated by CWE that provides critical data relating to the identities of IBO and sales information of each IBO’s Downline Organization. This report contains proprietary trade secret information. Left Side Group Sales Volume (GSV or PV) - The commissionable volume or points of software products sold in the left downline leg. Right Side Group Sales Volume (GSV or PV) - The commissionable volume or points of software products sold in the right down line leg. Immediate Household - An IBO, his or her spouse or de-facto, and dependants. Level - The layers of downline IBO’s in a particular IBO’s downline Organization. This term refers to the relationship of an IBO relative to a particular up line IBO, determined by the number of IBO between them who are related by sponsorship. Official CWE Material - Literature, audio or video tapes, and other materials developed, printed, published, or distributed by CWE. Sponsor - An IBO who enrolls a new IBO or Customer and is listed as the Sponsor on the Independent Business Owner User Application and Agreement. As the term implies, the Sponsor has a responsibility to assist those he/she brings into the business. Up line - The term refers to the IBO or IBO’s above a particular IBO in a sponsorship line to the company. Conversely stated, it is the line of Sponsors that links any particular IBO to the Company.