We have a zero tolerance for spam sent out by any of the sites we host. Spam includes, but is not limited to, sending emails to people who have not opted in to your list, adding people to your list without their approval, or adding people back into your list who have chosen to opt out. Violation of this can result in suspension or cancellation of your account.
You are prohibited from using viruses (trojans, adware, etc) to market your site or capture page. Violation of this can result in suspension or cancellation of your account without a refund.
You are not allowed to copy our graphics or designs to another site or use them outside of the software that we provided you with. You are not allowed to take any elements of the design or script and re-use them in any manner.
You are not allowed to sell or distribute the emails that you acquire using our software. Violation of this can result in immediate termination of your account.
1UpListBuilder.com ("1UpListBuilder.com." or the "Website"), is guided by core principles established by our founders that emphasize integrity, excellence, commitment and enthusiasm in all that we do. Everything we do is based on our commitment to improve the lives of our Affiliates. We want Affiliates who will embrace these values with us; therefore we insist that Affiliates operate within the following Code of Ethics which are part of and form the foundation of the Policies & Procedures.
Affiliates will conduct themselves with integrity and responsibility and will make the Golden Rule of "do unto others as you would have them do unto you" as the cornerstone on which they build their business.
Affiliates will uphold the values of 1UpListBuilder and will not engage in any deceptive, unlawful or unethical consumer or selling practice that may be detrimental or reflect poorly on 1UpListBuilder.com or themselves. Affiliates will support and advocate the Policies & Procedures and will respect the spirit and intent in which they were written.
Affiliates will familiarize themselves with the Compensation Plan and will represent their prospective Affiliates realistically and without misleading or providing false expectations. Any claims, representations or statements Affiliates make regarding 1UpListBuilder.com will be those included in the 1UpListBuilder.com literature.
1UpListBuilder.com will occasionally update this Statement of Privacy to reflect company and customer feedback. 1UpListBuilder.com encourages you to periodically review this Statement to be informed of how 1UpListBuilder.com is protecting your information.
Affiliates will abide by local, state/provincial and federal laws that govern their independent business. Affiliates understand that it is their responsibility to comply with these laws, the laws of their industry and with 1UpListBuilder.com Policies & Procedures as they may be amended from time to time.
Affiliates will uphold this Code of Ethics and recognize that its success will require diligence to create awareness among all of 1UpListBuilder.com Affiliates.
Affiliates will not, in any way, attempt to persuade, induce or coerce another party to breach this Code. Any such action is considered a violation of this Code and thereby a violation of 1UpListBuilder.com Policies & Procedures.
Affiliates will, to the best of their ability, accept and fulfill their responsibilities to train, motivate, support and encourage all Affiliates who purchase products. Affiliates will treat their business like any other prestigious enterprise and will fulfill commitments they make to their customers, their fellow Affiliates and to employees of the company.
These Policies & Procedures, in their present form and as amended at the sole discretion of 1UpListBuilder.com (Hereafter "1UpListBuilder.com" or the "Website"), are incorporated into, and form an integral part of, the 1UpListBuilder.com Member Agreement. Throughout these Policies, when the term "Agreement" is used, it collectively refers to the 1UpListBuilder.com Agreement, these Policies & Procedures, and the 1UpListBuilder.com Business Entity Application (if applicable). These documents are incorporated by reference into the 1UpListBuilder.com Member Agreement (all in their current form and as amended by 1UpListBuilder.com). It is the responsibility of each Member to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies & Procedures. When selling 1UpListBuilder.com products,, it is the responsibility of the seller to ensure that the buyer is provided with, or has online access to, the most current version of these Policies & Procedures prior to his or her execution of the Member Agreement.
1UpListBuilder.com is an education and marketing platform created for the sole use of its Affiliates. It is important to understand that your success and the success of your fellow Affiliates depend on the integrity of the men and women who market our products and services. To clearly define the relationship that exists between Affiliates and 1UpListBuilder.com, and to explicitly set a standard for acceptable business conduct, 1UpListBuilder.com has established the Agreement. 1UpListBuilder.com Affiliates are required to comply with all of the Terms and Conditions set forth in the Agreement which 1UpListBuilder.com may amend at its sole discretion from time to time, as well as all federal, state/provincial, and local laws governing their 1UpListBuilder.com 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 on this page carefully. It explains and governs the relationship between you, as an independent contractor, and the Website. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from anyone in your up line or support@1UpListBuilder.com.
Because federal, state/provincial, and local laws, as well as the business environment, periodically change, 1UpListBuilder.com reserves the right to amend the Agreement in its sole and absolute discretion. By digitally signing the Member Agreement, a Member agrees to abide by all amendments or modifications that 1UpListBuilder.com elects to make. Amendments shall be effective upon notice to all Affiliates that the Agreement has been modified. Notification of amendments shall be published in official 1UpListBuilder.com materials. The Website shall provide or make available to all Affiliates a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Website's official website; (2) electronic mail (e-mail); (3) inclusion in Website periodicals; or (4) special mailings. The continuation of a Member's 1UpListBuilder.com business constitutes acceptance of any and all amendments.
1UpListBuilder.com shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, and death, curtailment of a party's source of supply, or government decrees or orders.
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 to reflect the purpose of the provision as closely as possible.
The Website never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of 1UpListBuilder.com to exercise any right or power under the Agreement or to insist upon strict compliance by a Member with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of 1UpListBuilder.com right to demand exact compliance with the Agreement. Waiver by 1UpListBuilder.com can be effectuated only in writing by an authorized officer of the Website. 1UpListBuilder.com waiver of any particular breach by a Member shall not affect or impair 1UpListBuilder.com rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Member. Nor shall any delay or omission by 1UpListBuilder.com to exercise any right arising from a breach affect or impair 1UpListBuilder.com rights as to that or any subsequent breach. The existence of any claim or cause of action of a Member against 1UpListBuilder.com shall not constitute a defense to 1UpListBuilder.com enforcement of any term or provision of the Agreement.
Purchase our product from an active 1UpListBuilder.com affiliate, fill out the form and gain instant access.
Once a Member Application and Agreement has been accepted by 1UpListBuilder.com, the benefits of the Website are available to the new Member. These benefits include the right to:
3.2.1 Sell our products, qualify for retail sales commissions;
3.2.2 Benefit from the 1UpListBuilder.com tools and education;
3.2.3 Receive periodic 1UpListBuilder.com literature and other 1UpListBuilder.com communications;
3.2.4 Participate in 1UpListBuilder.com sponsored support, service, training, motivational and recognition functions.
A Member's 1UpListBuilder.com Agreement will remain in force so long as: (a) the Member does not voluntarily cancel his or her Member agreement, (b) become involuntarily cancelled, or (c) becomes cancelled for inactivity.
4.1.1 General - all affiliates shall safeguard and promote the good reputation of 1UpListBuilder.com and its products. The marketing and promotion of 1UpListBuilder.com, the 1UpListBuilder.com products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.1.2 Use of website-produced advertising materials only. To promote both the products and services, and the tremendous products 1UpListBuilder.com offers, affiliates must use only the sales tools and support materials approved by 1UpListBuilder.com
4.1.3 Member Websites. All 1UpListBuilder.com affiliates are provided a website - 1UpListBuilder.com and as part of their affiliate agreement. The 1UpListBuilder.com Personal Website is a personalized online store through which 1UpListBuilder.com affiliates may promote and market 1UpListBuilder.com services and selll 1UpListBuilder.com products and services over the Internet. Affiliate Personal Website Addresses (URLs) and all sub domains of a Personal Website address are wholly owned by 1UpListBuilder.com. 1UpListBuilder.com reserves the right to limit advertising of its websites. Only approved advertising and online promotional tools may be used.
4.1.4 Independently produced websites. 1UpListBuilder.com allows its affiliates to place approved advertising on the Internet to promote 1UpListBuilder.com education and marketing tools, 1UpListBuilder.com services and designated 1UpListBuilder.com websites only. However, any Websites (or URLs designating these websites) on which such advertisements or links are placed may not be obscene, pornographic or otherwise deemed harmful to 1UpListBuilder.com reputation as determined by 1UpListBuilder.com at its sole discretion. Additionally, URLs of websites used for advertising the 1UpListBuilder.com Website, 1UpListBuilder.com products and services and designated 1UpListBuilder.com websites may not contain any term that is a trademark, service mark, copyright, or that violates any other proprietary right held by another. Approved advertising includes only those advertising tools made available to 1UpListBuilder.com affiliates through the 1UpListBuilder.com website. 1UpListBuilder.com prohibits the use of unapproved online advertising to promote the 1UpListBuilder.com products or services, 1UpListBuilder.com products and services or any 1UpListBuilder.com website address (URL) or sub domain of a 1UpListBuilder.com URL.
Other than through a 1UpListBuilder.com-provided Affiliate Personal Website, 1UpListBuilder.com affilaites are prohibited from using websites to take orders for any1UpListBuilder.com sales or for 1UpListBuilder.com products and services.
4.1.5 Links to a 1UpListBuilder.com website. Personal website subscribers are granted a limited, non-exclusive right to create a hypertext link to the sub domain provided by 1UpListBuilder.com that designates the affiliate's personal store (example: www.go1UpListBuilder.com/yoursitename), provided such link does not portray 1UpListBuilder.com and/ or its affilaites or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. Also, a Member cannot create an impression that any sub domain is part of his or her own or other non-1UpListBuilder.com-maintained site. This limited right may be revoked at any time. Frames or framing techniques cannot be used to enclose any 1UpListBuilder.com trademark, logo, or proprietary information, including the images found at this website and the content of any text of the layout/design of any page or form contained on a page without 1UpListBuilder.com express written consent. 1UpListBuilder.com affiliates cannot send any unsolicited mail or email (mail or email to people who have not signed up on a mailing list).
Except as noted above, 1UpListBuilder.com Affiliates are not conveyed any patent, trademark, copyright, or proprietary right of 1UpListBuilder.com or any of its affiliated companies or any third party.
4.1.6 Banner Advertising. From time to time 1UpListBuilder.com makes banner ads and other online advertising tools available to 1UpListBuilder.com Affiliates through the back office. These tools may be used by 1UpListBuilder.com Affiates to promote 1UpListBuilder.com services as they are intended and as Affiliates are directed to use them in the back office. As with any 1UpListBuilder.com online promotions, these tools may not be placed on websites or linked to websites or URLs that are obscene, pornographic or otherwise deemed harmful to 1UpListBuilder.com reputation as determined by 1UpListBuilder.com at its sole discretion.
4.1.7 Domain Names. Affiliates may not use or attempt to register any of 1UpListBuilder.com trade names, trademarks, service names, service marks, product names, the Website's name, or any derivative thereof, for any Internet domain name.
4.1.8 Trademarks and Copyrights. 1UpListBuilder.com will not allow the use of its trade names, trademarks, designs, or symbols by any person, including 1UpListBuilder.com Affiliates, without its prior, written permission. Affiliates may not produce for sale or distribution any recorded Website events and speeches without written permission from 1UpListBuilder.com nor may Affiliates reproduce for sale or for personal use any recording of Website-produced audio or video presentations.
4.1.9 Media and media inquiries. All media relations efforts must be coordinated through the 1UpListBuilder.com Public Relations Department. Any Affiliate who is contacted by the media or wishes to contact the media must first contact a 1UpListBuilder.com Public Relations representative before taking any action and/or issuing any statement. Any communications with TV, radio and print media must first be approved by 1UpListBuilder.com Public Relations.
4.1.10 Unsolicited email. 1UpListBuilder.com does not permit Affiliates 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 an Affiliate that promotes 1UpListBuilder.com, the 1UpListBuilder.com or 1UpListBuilder.com 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 Affiliate'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.
f) All opt-out requests, whether received by email or regular mail, must be honored. If an Affiliate receives an opt-out request from a recipient of an email, the Affiliate must forward the opt-out request to the Website.
1UpListBuilder.com may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that the Website may send such e-mails and that the Affiliate's physical and email addresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated as a result of such emails sent by the Website.
4.3 Bonus Buying
Prohibited 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 Affiliate Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Affiliates or customers ("phantoms"); (d) Purchasing 1UpListBuilder.com products or services on behalf of another Affiliate or customer, or under another Affiliate's or customer's I.D. number, to qualify for sales commissions or bonuses; and/or (e) any other mechanism or artifice to qualify for incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by end user consumers.
4.4 Business Entities
Business Entity transfers may not result in sponsor changes. To prevent the circumvention of Section 4.24 (regarding transfers and assignments of 1UpListBuilder.com business), if an additional partner, shareholder, affiliate, or other business entity affiliate is added to a business entity, the original applicant must remain as a party to the original Affiliate Application and Agreement. If the original Affiliate wants to terminate his or her relationship with the Website, he or she must transfer or assign his or her business in accordance with Section 4.24.
If this process is not followed, the business shall be cancelled upon the withdrawal of the original Affiliate.
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 4.5, below.
4.5 Change of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Affiliates, 1UpListBuilder.com prohibits changes in sponsorship. Maintaining the integrity of sponsorship is critical for the success of every Affiliate and marketing organization. Accordingly, the transfer of a 1UpListBuilder.com business account from one sponsor to another is not permitted unless the Affiliate voluntarily cancels his or her 1UpListBuilder.com business or service and remains inactive (i.e., no purchases of 1UpListBuilder.com services, no sales of 1UpListBuilder.com services, no sponsoring, no attendance at any 1UpListBuilder.com functions, participation in any other form of Member activity, or operation of any other 1UpListBuilder.com business) for six full calendar months. Following the six-month period of inactivity, the former Member or customer may reapply under a new sponsor.
In cases in which an improper sponsor change has occurred, 1UpListBuilder.com reserves the sole and exclusive right to determine the final disposition. AFFILIATES WAIVE ANY AND ALL CLAIMS AGAINST 1UpListBuilder.com THAT RELATE TO OR ARISE FROM 1UpListBuilder.com DECISION REGARDING THE DISPOSITION OF ANY AFFILIATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.6 Unauthorized Claims
4.6.1 Indemnification. An Affiliate is fully responsible for all of his or her verbal and written statements made regarding 1UpListBuilder.com products and services contained in official 1UpListBuilder.com materials. Affiliates agree to indemnify 1UpListBuilder.com and 1UpListBuilder.com 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 1UpListBuilder.com as a result of the Member's unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.
4.6.2 Income claims. At 1UpListBuilder.com, we firmly believe that the 1UpListBuilder.com retail sales commissions potential is great enough to be highly attractive, without reporting the earnings of others.
Moreover, the Federal Trade Commission and several states/provinces have laws or regulations that regulate or even prohibit certain types of income claims and testimonials. While Affiliates may believe it beneficial to provide copies of payment, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact 1UpListBuilder.com as well as the Affiliate making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because 1UpListBuilder.com Affiliates do not have the data necessary to comply with the legal requirements for making income claims, an Affiliate, when presenting or discussing the 1UpListBuilder.com retail sales commissions to a prospective Affiliate, may not make income projections, income claims, or disclose his or her 1UpListBuilder.com income (including the showing of payment, copies of payment, bank statements or tax records).
4.7 Product Claims. Affiliates are prohibited from making any claim regarding 1UpListBuilder.com products that deviates from the product's terms, pricing and conditions.
4.8 Conflicts of Interest
4.8.1 No solicitation. 1UpListBuilder.com Affiliates are free to participate in other marketing opportunities. However, during the term of this Agreement, Affiliates may not directly or indirectly recruit other 1UpListBuilder.com Affiliates or customers for any other marketing business.
Following the cancellation of an Affiliate's Agreement, and for a period of one year thereafter, with the exception of an Affiliate who is personally sponsored by the former Affiliate, a former Affiliate may not recruit any 1UpListBuilder.com Member for another marketing business. "Recruit" means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another 1UpListBuilder.com Affiliate to enroll or participate in another direct sales opportunity.
Affiliates and 1UpListBuilder.com recognize that because business and marketing is conducted through networks of independent contractors broadly dispersed 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, Affiliates and 1UpListBuilder.com agree that this non-solicitation provision shall apply internationally.
4.8.2 Sale of competing services. Affiliates must not sell, or attempt to sell, any non-1UpListBuilder.com related programs, products or services to 1UpListBuilder.com Affiliates.
4.8.3 Affiliate participation in other direct selling programs. If an Affiliate is engaged in other non-1UpListBuilder.com direct selling programs, it is the responsibility of the Affiliate to ensure that his or her 1UpListBuilder.com business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
Affiliates shall not display competing promotional material, sales aids, products or services with or in the same location as any 1UpListBuilder.com promotional material or sales aids, products or services.
Affiliates may not offer any non- 1UpListBuilder.com products, services or opportunity at any 1UpListBuilder.com-related meeting, seminar or convention, or within 2 hours and a 5-mile radius of the 1UpListBuilder.com event. If the 1UpListBuilder.com meeting is held telephonically or on the Internet, any non-1UpListBuilder.com meeting must be at least two hours before or after the 1UpListBuilder.com meeting, and on a different conference telephone number or Internet address from the 1UpListBuilder.com meeting.
4.8.4 Business and sales reports. Affiliate access to their Business Activity Reports is password protected. All Business Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to 1UpListBuilder.com. Business Activity Reports are provided to Affiliates in strictest confidence and are made available to Affiliates for the sole purpose of assisting Affiliates in working with their respective Business n the development of their 1UpListBuilder.com business. Affiliates should use their Business Activity Reports to assist, motivate, and train their new Affiliates. The Member and 1UpListBuilder.com agree that, but for this agreement of confidentiality and nondisclosure, 1UpListBuilder.com would not provide Business Activity Reports to the Affiliate.
An Affiliate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
220.127.116.11 Directly or indirectly disclose any information contained in any Business Activity Report to any third party;
18.104.22.168 Directly or indirectly disclose the password or other access code to his or her Business Activity Report;
22.214.171.124 Use the information to compete with 1UpListBuilder.com or for any purpose other than promoting his or her 1UpListBuilder.com business.
126.96.36.199 Recruit or solicit any Affiliate of 1UpListBuilder.com listed on any report or in any manner attempt to influence or induce any Affiliate, to alter their business relationship with 1UpListBuilder.com.
188.8.131.52 Use or disclose to any person, partnership, association, corporation, or other entity any information contained in any Business Activity Report.
Upon demand by the 1UpListBuilder.com, any current or former Affiliate will return the original and all copies of Business Activity Reports to the Website.
1UpListBuilder.com does not condone Affiliates specifically or consciously targeting the sales force of another direct sales company to become Affiliates for 1UpListBuilder.com, nor does 1UpListBuilder.com condone Affilates' solicitation or enticement of affiliates of the sales force of another direct sales company to violate the terms of their contract with such other company. Should Affiliates engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a Affiliate alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, 1UpListBuilder.com will not pay any of Affiliate's defense costs or legal fees, nor will 1UpListBuilder.com indemnify the Affiliate for any judgment, award, or settlement.
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 Affiliate Agreement on file with 1UpListBuilder.com, or who has had such an agreement within the preceding six calendar months, within a different line of sponsorship. The use of a spouse's or relative's name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. Affiliates shall not demean, discredit or defame other 1UpListBuilder.com Affiliate in an attempt to entice another Affiliate to become part of the first Affiliate's marketing organization. This policy shall not prohibit the transfer of an 1UpListBuilder.com business in accordance with Section 4.5.
We provide this Website for use only by persons located in countries in which 1UpListBuilder.com does business. We make no claims that the Website or any of its content is accessible or appropriate outside of those countries. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside a market in which 1UpListBuilder.com does business, you do so on your own initiative and are responsible for compliance with local laws.
Under no circumstances may an Affiliate contact any 1UpListBuilder.com supplier of service or other 1UpListBuilder.com supplier of services without prior written authorization from an authorized officer of 1UpListBuilder.com Further, under no circumstances may an Affiliate directly contact a competitive supplier on behalf of 1UpListBuilder.com or in connection with any 1UpListBuilder.com business without receiving prior written authorization from an authorized officer of 1UpListBuilder.com
If an Affiliate has questions about or believes any errors have been made regarding business activity reports the Affiliate must notify 1UpListBuilder.com in writing within 60 days of the date of the purported error or incident in question. 1UpListBuilder.com will not be responsible for any errors, omissions or problems not reported to the Website within 60 days.
Neither federal nor state/provincial regulatory agencies or officials approve or endorse any direct selling companies or programs. Therefore, Affiliates shall not represent or imply that 1UpListBuilder.com has been "approved," "endorsed" or otherwise sanctioned by any government agency.
Each Affiliate is responsible for paying local, state/provinial, federal taxes and or country taxes on any income generated as an Independent Affiliate.
Affiliates are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between 1UpListBuilder.com and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Website and the Affiliate. An Affiliate shall not be treated as an employee for his or her services or for Federal or State/Provinical tax purposes. All Affiliates are responsible for paying local, state/provincial and federal taxes due from all compensation earned as an Affiliate of the Website. The Affiliate has no authority (expressed or implied), to bind the Website to any obligation. Affiliates shall not portray themselves as an employee of 1UpListBuilder.com, or any subsidiaries or related to 1UpListBuilder.com Marketing or 1UpListBuilder.com entities. Each Affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Affiliate Agreement, these Policies and Procedures, and applicable laws.
The name 1UpListBuilder.com and other names as may be adopted by 1UpListBuilder.com are proprietary trade names, trademarks and service marks of 1UpListBuilder.com As such, these marks are of great value to 1UpListBuilder.com and are supplied to Affiliates for their use only in an expressly authorized manner. Use of the 1UpListBuilder.com name on any item not produced by the Website is prohibited except as follows:
Affiliate's Name Independent 1UpListBuilder.com Affiliate 1UpListBuilder.com corporate address 1UpListBuilder.com corporate phone number.
All Affiliates may list themselves as an "Independent 1UpListBuilder.com Affiliate" in the white or yellow pages of the telephone directory under their own name using only your personal email address, personal website and personal contact information. Affiliates are prohibited from listing any and all 1UpListBuilder.com or 1UpListBuilder.com Marketing contact information in any directory. No Affiliate may place telephone directory display ads using 1UpListBuilder.com name or logo. Affiliates may not answer the telephone by saying "1UpListBuilder.com", or in any other manner that would lead the caller to believe that he or she has reached corporate offices of 1UpListBuilder.com
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 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.
Affiliates shall comply with all federal, state/provincial, national and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Affiliates because of the nature of their business. However, Affiliates must obey those laws that do apply to them. If a city, county or country official tells an Affiliate that an ordinance applies to him or her, the Affiliate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of 1UpListBuilder.com In most cases there are exceptions to the ordinance that may apply to 1UpListBuilder.com Affiliates
A person who is under the age of 18 may not be a 1UpListBuilder.com Affiliate. Affiliates shall not enroll or recruit minors into the 1UpListBuilder.com program.
4.22.1 One 1UpListBuilder.com business per couple. 1UpListBuilder.com permits a husband and wife, regardless of where each lives, to operate only one position in 1UpListBuilder.com, unless each individual is sponsored by the same Affiliate, or unless each individual had a separate Affiliate position prior to marriage. A husband and wife, by operating as a single Affilaite, represent to 1UpListBuilder.com that each of them (1) is bound by the terms of the Affiliate Agreement and these Policies and Procedures; (2) is responsible for any and all conduct by his or her spouse even though only one spouse is designated as an Affiliate; and (3) understands that if the spouse of any Affiliate acts in a manner that would be a violation of the Affiliate Agreement and/ or these Policies and Procedures, such violation will be attributed to the Affiliate position, and thus to both the husband and wife.
4.22.2 Family members within the same household. All Affiliates and their children, siblings, parents and in-laws residing in the same household may, at the time one or more of them is being sponsored, have the same sponsor or may have one 1UpListBuilder.com website. By way of example, a parent and adult child living in the same home may operate one Affiliate position or may sign up under the same sponsor. Similarly, if spouses do not elect to operate as a single Affiliate, each spouse must sign up under the same sponsor.
4.22.3 Actions of household Affiliates or affiliated individuals. If any member of a Affiliate's immediate household engages in any activity which, if performed by the Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and 1UpListBuilder.com may take disciplinary action pursuant to the Statement of Policies against the Affiliate. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively "affiliated individual") violates the Agreement, such action(s) will be deemed a violation by the entity, and 1UpListBuilder.com may take disciplinary action against the entity.
Subject to 1UpListBuilder.com prior review and approval, which approval 1UpListBuilder.com may grant at its sole option and discretion, an Affiliate may sell or transfer his/her Affiliate business to an individual, partnership, trust or corporation. A sale will be defined as a change in which the individual(s) selling the Affiliate business no longer maintain(s) a financial interest in the Affiliate business upon completion of the sale. A transfer will be defined as a change in name and/or identification number in which the Affiliate still retains any financial interest in the Affiliate business upon completion of the transfer. Some examples of transfers are: transfer from one spouse to the other spouse; transfer from an individual to a corporation; trust or partnership or vice versa, in which the transferor or any individuals having an interest therein still retains a financial interest. In all cases, the transferor retains a financial interest/ ownership interest after the transfer. The review and approval process will not begin until 1UpListBuilder.com has received all of the documentation required in accordance with the requirements set forth in the Position Sale/Transfer Packet, including a money transfer or money order for the applicable processing fees from the Affiliate who is selling or transferring the position. There is a $45.00 processing fee that must be paid by the transferor, and an additional $45.00 processing fee that must be paid by the transferee.
1UpListBuilder.com reserves the right, at its sole option and discretion, to determine a sale versus a transfer. 1UpListBuilder.com will not approve any sale or transfer of an Affiliate position for which 1UpListBuilder.com receives a Notice of Levy from the Internal Revenue Service or a court-ordered garnishment (e.g., child support) against the transferring position. 1UpListBuilder.com will also revoke any sale or transfer of an Affiliate position that occurs within a 60-day period in which 1UpListBuilder.com receives a Notice of Levy from the Internal Revenue Service or a court-ordered garnishment. 1UpListBuilder.com also will not approve any sale or transfer of an Affiliate position that involves an Affiliate currently under investigation. Once the sale or transfer of a position has been completed, the transferring Affilaite may not operate another Affiliate position for six months from the date of the sale or transfer.
4.25.1 Divorce. Should a married couple operating a single Affiliate position divorce, they must provide 1UpListBuilder.com with (1) a certified copy of the final decree of divorce that sets forth ownership of the Affiliate position; (2) a completed Sale/ Transfer Form dated no later than ten (10) business days after the date of the final decree of divorce, and (3) a $45 nonrefundable check or money order for processing fees. Until 1UpListBuilder.com receives proper documentation, the Affiliate position will retain its pre-divorce ownership and no changes to the Affiliate position will be implemented unless ordered by a court of law.
4.25.2 Business entity dissolution. Upon the dissolution of a business entity (trust, partnership, corporation, etc.), the owners of the business entity shall provide 1UpListBuilder.com with written instruction on who shall be the proper party(s) to continue to operate the business, and a $45.00 processing fee shall apply. The written instruction shall be signed by all owners, shareholders, partners, or trustees, and all signatures shall be notarized.
4.25.3 No business division. Under no circumstances will the Business of divorcing spouses or a dissolving business entity be divided. 1UpListBuilder.com will recognize only one Business Organization per 1UpListBuilder.com Affiliate business. If a former spouse has completely relinquished all rights in the original 1UpListBuilder.com Affiliate business pursuant to a divorce, he or she is thereafter free to purchase under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, Affiliate, or other entity affiliate who retains no interest in the Affiliate business must wait six calendar months from the date of the final dissolution before re-enrolling as an Affiliate. In either case however, the former spouse or business affiliate shall have no rights to any Affiliates in their former organization or to any former retail customer. They must develop the new business in the same manner as would any other new Affiliate.
All active Affiliates in good standing have the right to sell 1UpListBuilder.com products and services. Each prospective Affiliate has the ultimate right to choose his or her own Sponsor.
Upon the death or incapacitation of an Affiliate, his or her Affliate business may be passed to his or her heirs. Appropriate legal documentation must be submitted to 1UpListBuilder.com to ensure the transfer is proper. Accordingly, an Affiliate should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a 1UpListBuilder.com Affiliate is transferred by a will or other testamentary process, the beneficiary acquires the right to access of the deceased Affiliate's marketing business provided the following qualifications are met. The successor(s) must:
Meet all of the qualifications for the deceased or incapacitated Affiliate's status.
If the business is bequeathed to joint devisees, they must form a business entity. All the laws of the country the business resides in shall apply.
4.27.1 Transfer upon death of an active Affiliate. In addition to complying with the above provisions of Section 4.27, to effect a testamentary transfer of a 1UpListBuilder.com business, the successor must provide the following to 1UpListBuilder.com: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor's right to the 1UpListBuilder.com business; and (3) a completed and executed Affiliate Agreement.
4.27.2 Transfer upon incapacitation of an Affiliate. In addition to complying with the above provisions of Section 4.27, to effectuate a transfer of a 1UpListBuilder.com Affiliate business because of incapacity, the successor must provide the following to 1UpListBuilder.com: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee's right to administer the 1UpListBuilder.com membership; and (3) a completed Affiliate Agreement executed by the trustee.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states/provinces) have "do not call". Although 1UpListBuilder.com does not consider Affiliates to be "telemarketers" in the traditional sense of the word, these government regulations broadly define regulations as part of their telemarketing laws the term "telemarketer" and "telemarketing" so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
Therefore, Affiliates must not engage in telemarketing in the operation of their 1UpListBuilder.com Affiliate business. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a 1UpListBuilder.com product or service, or to sell for the 1UpListBuilder.com business. "Cold calls" made to prospective customers that promote either 1UpListBuilder.comproducts or services or the 1UpListBuilder.com business constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Affiliate (a "prospect") is permissible under the following situations:
If the Affiliate has an established business relationship with the prospect. An "established business relationship" is a relationship between a Affiliate and a prospect based on the prospect's purchase, rental or lease of goods or services from the Affiliate, or a financial transaction between the prospect and the Affiliate, within the 18 months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
The prospect's personal inquiry or application regarding a product or service offered by the Affiliate, within the three months immediately preceding the date of such a call.
If the Affiliate receives written and signed permission from the prospect authorizing the Affiliate to call. The authorization must specify the telephone number(s) that the Affiliate is authorized to call.
You may call family Affiliates, personal friends, and acquaintances. An "acquaintance" is someone with whom you have at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if you make a habit of "card collecting" with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling "acquaintances," you must make such calls on an occasional basis only and not make this a routine practice. If calling on businesses check local ordinances to see if businesses are exempt from the Do Not Call list.
In addition, Affiliates shall not use automatic telephone dialing systems relative to the operation of their 1UpListBuilder.com 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.
Affiliates shall not engage in residential door-to-door marketing in relation to their 1UpListBuilder.com Affiliate business, however it is permissible for Affiliates to cold call on businesses to promote the services and products 1UpListBuilder.com offers.
Buying or selling or inducing others to buy or sell customer or prospective customer information is strictly prohibited at all times. Affiliates shall not provide any type of incentive for action(s) or proposed action(s) to induce an Affiliate or third party to sell any information pertaining to a 1UpListBuilder.com customer or prospective customer.
Affiliate must report any change of address, email address, or telephone number by updating their personal profile in the Affiliate back office. Written notification of an address change must be signed by all parties when a position is owned by more than one individual (e.g., husband and wife). 1UpListBuilder.com Attention: Afffiliate Support support@1UpListBuilder.com When mail is returned to 1UpListBuilder.com because 1UpListBuilder.com has not been informed of an address change, the Affiliate is placed on inactive status.
Affiliate must report any change of address, email address, or telephone number by updating their personal profile in the Affiliate back office. Written notification of an address change must be signed by all parties when a position is owned by more than one individual (e.g., husband and wife). 1UpListBuilder.com Attention: Afffiliate Support support@1UpListBuilder.com When mail is returned to 1UpListBuilder.com because 1UpListBuilder.com has not been informed of an address change, the Affiliate is placed on inactive status.
5.2.1 Ongoing training. Any Affiliate who sells our products and services to another Affiliate into 1UpListBuilder.com must perform a bona fide assistance and training function to ensure that the new Affiliate is properly operating his or her 1UpListBuilder.com Affiliate business. Affiliates must have ongoing contact and communication with the Affiliates in their sponsorship. Examples of such contact and communication may include, but are not limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of sponsored Affiliates to 1UpListBuilder.com meetings, training sessions, and other functions. Associated Affiliates are also responsible to motivate and train new Affiliates in 1UpListBuilder.com product knowledge, effective sales techniques, Compensation Plan, and compliance with Website Policies and Procedures. Communication with and the training of new Affiliates must not, however, violate Section 4.2 (regarding the development of Affiliate-produced sales aids and advertising materials).
Affiliates must monitor their sponsored Affiliates to ensure that they do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Affiliate should be able to provide documented evidence to 1UpListBuilder.com of his or her ongoing fulfillment of the responsibilities of a Sponsor.
5.2.2 Increased training responsibilities. As Affiliates progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the 1UpListBuilder.com program. They will be called upon to share this knowledge with lesser experienced Affiliates within their organization.
5.2.3 Ongoing sales responsibilities. Regardless of their level of achievement, Affiliates have an ongoing obligation to continue to personally promote through the generation of new Affiliates and through servicing their existing Affiliates.
1UpListBuilder.com wants to provide its Affiliates with the best education, marketing tools and service in the industry. Accordingly, we value your constructive criticism and comments. All such comments should be submitted in writing to 1UpListBuilder.com Affiliate Support Department. Remember, to best serve you, we must hear from you! While 1UpListBuilder.com welcomes constructive input, negative comments and remarks made in the field by Affiliates about the Website, its products, or services serve no purpose other than to sour the enthusiasm of other 1UpListBuilder.com Affiliates. For this reason, and to set the proper example for their other Affiliates, Affilaites must not disparage, demean or make negative remarks about 1UpListBuilder.com, other 1UpListBuilder.com Affilaites, 1UpListBuilder.com products, the Marketing and retail sales commissions, or 1UpListBuilder.com directors, officers or employees.
Affiliates must provide the most current version of the Policies and Procedures and Retail Sales Commissions Plan to individuals whom they are sponsoring to become Affiliates before the applicant digitally signs an Affiliate Agreement.
Affiliates observing a Policy violation by another Affiliate should submit a written report of the violation directly to the attention of 1UpListBuilder.com Support. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
For questions regarding compliance with 1UpListBuilder.com Policies and Procedures or any applicable laws or to report known or suspected Affiliate misconduct, you are encouraged to contact our Support Department by email at support@1UpListBuilder.com
If you are contacted by either 1UpListBuilder.com or a government authority regarding policy violations that you either have knowledge of or that you are alleged to have committed, you agree to fully assist with such investigation.
1UpListBuilder.com is an education and marketing platform with a $5 annual product renewal fee. There are no sales requirements.
When selling to a prospective Affiliate, you, the affiliate, must provide all of the costs involved with the paid Affiliate business. This includes all of the following, if applicable: monthly service fees, one-time fees, taxes and surcharges, and other costs.
There are no exclusive territories granted to anyone.
7.1 There are no bonuses or commissions directly associated or paid from 1UpListBuilder.com website.
7.1.1 The active affiliate must complete one training sale to be qualified to start earning commissions.
7.2 Reports All information provided by 1UpListBuilder.com including but not limited to personal sales and group database (or any part thereof) is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of information; the information is not guaranteed by 1UpListBuilder.com or any persons creating or transmitting the information. ALL PERSONAL AND GROUP DATABASE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 1UpListBuilder.com AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY AFFILIATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF 1UpListBuilder.com OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, 1UpListBuilder.com OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of 1UpListBuilder.com online reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is." If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to 1UpListBuilder.comonline reporting services and your reliance upon the information.
8.1.1 We want you to feel comfortable about transacting business with 1UpListBuilder.com. Since the 1UpListBuilder.com products are digital in
nature, delivered withint 72 hours of your purchase, starting after January 1st, 2017, there is a strict No-Refund Policy and when you make a purchase of such products, you waive your right to a 14-day cancellation period.
You may cancel your Affiliate Fee within 14 days and request a full refund (on the Affiliate Fee only), providing you do so in writing to: support@1UpListBuilder.com within 14 days of your purchase. A handling fee of 20% may apply.
If you proceed with a product purchase from this website, you are agreeing to this refund policy.
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Affiliate that, in the sole discretion of the Website may damage its reputation or goodwill (such damaging act or omission need not be related to the Affiliate's 1UpListBuilder.com business), may result, at 1UpListBuilder.com discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition; Requiring the Affiliate to take immediate corrective measures; Suspension of the individual's Affiliate Agreement; Involuntary termination of the offender's Affiliate Agreement; Termination and/or suspension of the offending Affiliate's 1UpListBuilder.com Marketing website or website access; Any other measure expressly allowed within any provision of the Agreement or which 1UpListBuilder.com deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate's policy violation or contractual breach; In situations deemed appropriate by 1UpListBuilder.com, the Website may institute legal proceedings for monetary and/or equitable relief.
So long as an Affiliate remains active and complies with the terms of the Affiliate Agreement and these Policies and Procedures, 1UpListBuilder.com shall have continued access to their back office and website. Following an Affiliate's voluntary or involuntary cancellation of his or her Affiliate Agreement (all of these methods are collectively referred to as "cancellation"), the former Affiliate shall have no right, title, claim or interest to the marketing organization which he or she operated. An Affiliate whose business is cancelled will lose all rights as an Affiliate. In the event of cancellation, Affiliates agree to waive all rights they may have, including but not limited to property rights to their former Affiliate organization.
Following an Affiliate's cancellation of his or her Affiliate Agreement, the former Affiliate shall not hold himself or herself out as a 1UpListBuilder.com Affiliate and shall not have the right to sell 1UpListBuilder.com products or services.
An Affiliate's violation of any of the terms of the Agreement, including any amendments that may be made by 1UpListBuilder.com in its sole discretion may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed or electronically mailed to the Affiliate's last known address (or email), or to his/her attorney, or when the Affiliate receives notice of cancellation, whichever occurs first.
A participant in this marketing and education platform has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to support@1UpListBuilder.com
The written notice must include the Affiliate's signature, printed name, address, and Affiliate I.D. number.
Our company is located at: 1726 Rutherford Edmonton AB T6W1J6, email@example.com, 780-439-0525
Agreement: The contract between the Website and each Affiliate includes the Affiliate Application and Agreement, the 1UpListBuilder.com Policies and Procedures, all in their current form and as amended by 1UpListBuilder.com in its sole discretion. These documents are collectively referred to as the "Agreement."
Cancel: The termination of an Affiliate's membership. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Genealogy Report: A report generated by 1UpListBuilder.com that provides critical data relating to the identities of Affiliates and enrollment activity of each Affiliate's Marketing Organization. This report contains confidential and trade secret information which is proprietary to 1UpListBuilder.com.
Official 1UpListBuilder.com Material: Literature, audios or videos, and other materials developed, printed, published and distributed by 1UpListBuilder.com to Affiliates.
Sponsor: This term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line connecting them to the Website. Conversely stated, it is the line of sponsors that links any particular Affiliate to the Website.