STATEMENT OF POLICIES AND PROCEDURES
Effective April 7, 2020
SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into Affiliate Member Agreement
1.3 Changes To The Affiliate Member Agreement, Policies And Procedures, Or Compensation Plan
1.5 Policies And Provisions Severable
SECTION 2 –BECOMING AN AFFILIATE MEMBER
2.1 Requirements To Become An Affiliate Member
2.2 New Affiliate Member Registration By Internet
2.3 Affiliate Member Benefits
SECTION 3 – ACCEPTANCE OF RISK AND THE POLICY ON THE OPM WEALTH INCOME DISCLAIMER
3.1 Due Diligence
3.2 Income Disclaimer
SECTION 4 – ADVERTISING
4.1 Adherence To The OPM Wealth Compensation Plan
4.2 Use Of Sales Aid
4.3 Intellectual Property
4.4 Web Policy
4.5 Domain Names And Email Addresses
4.6 Advertised Price
4.7 Generic Business Advertisements
4.8 Media And Media Inquiries
4.9 Unsolicited Email And Fax Communication
SECTION 5 –OPERATING AN OPM WEALTH BUSINESS.
5.1 – Business Entities
5.1.1 Changes to a Business Entity
5.1.2 Change of Sponsor
5.1.3 Change of Placement
5.2 Unauthorized Claims And Action
5.2.2 Endorsement of OPM Wealth Services
5.3.2 Sale Of Competing Goods Or Services
5.3.3 Targeting Other Direct Sellers
5.3.4 Privacy and Confidentiality
5.3.5 The Data Management Rule
5.4 Cross Sponsoring
5.5 Governmental Approval Or Endorsement
5.7 Income Taxes
5.8 Independent Contractor Status
5.10 One OPM Wealth Business Per Affiliate Member
5.12 Sale, Transfer, Or Assignment Of An OPM Wealth Business
5.13 Separation Of An OPM Wealth Business
6 RESPONSIBILITIES OF AN AFFILIATE MEMBER
6.1 Change Of Address, Telephone No., Email-Address
6.2 Sponsoring Affiliate Member Responsibilities
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.4 Reporting Policy Violations
7 AUTOMATIC BILLING
8 BONUSES AND COMMISSIONS
8.1 Bonus And Commission Qualifications
8.2 Errors Or Questions
8.3 Bonus Buying Prohibited
9 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
9.5 Governing Law, Jurisdiction, And Venue
10 EFFECT OF CANCELLATION
10.1 Effect Of Cancellation And Termination
STATEMENT OF POLICIES AND PROCEDURES
Effective February 3, 2020
SECTION 1 – INTRODUCTION
1.1 – Code of Ethics
Plutus Enterprises LLC (doing business as “OPM Wealth” or “the Company”) is a values-based company that prides itself on the quality and character of its distributors (hereinafter “Affiliate Members”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every OPM Wealth Affiliate Member is expected to practice the following ethical behavior when acting in the name of the company:
A. I will be respectful of every person I meet while doing OPM Wealth-related business.
B. At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to the Company, any OPM Wealth corporate officer or employee, myself, or other Affiliate Members.
D. I will not make discouraging or disparaging claims toward other Company Affiliate Members. I will ensure that in all OPM Wealth business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
E. I will provide support and encouragement to my customers to ensure that their experience with OPM Wealth is a successful one. I understand that it is important to provide follow-up service and support to my downline.
F. I will correctly represent all the bonus/compensation plans available through OPM Wealth and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success, or use compensation checks as marketing materials. I further understand that I may only disclose my OPM Wealth income to recruit a potential Affiliate Member(s) after I have given a copy of the Income Disclaimer and Forex Disclosures to the potential Affiliate Member(s).
G. I will abide by all of OPM Wealth’s Policies & Procedures now and as they may be amended in the future.
1.2 – Policies Incorporated Into Affiliate Member Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of the Company, are incorporated into, and form an integral part of, the OPM Wealth Affiliate Member Agreement (hereafter “Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the OPM Wealth Affiliate Member Application & Agreement, these Policies, and the OPM Wealth Compensation Plan. These documents are incorporated by reference into the Affiliate Member Agreement (all in their current form and as amended by OPM Wealth). It is the responsibility of each Affiliate Member to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Affiliate Member, it is the responsibility of the sponsoring Affiliate Member to provide the most current version of these Policies and Procedures prior to his or her execution of the Agreement.
1.3 – Changes to the Affiliate Member Agreement, Policies and Procedures, or Compensation Plan
Because federal, state, and local laws, as well as the business environment, periodically change, OPM Wealth reserves the right to amend the Agreement and the prices in its Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Company Materials. Amendments shall be effective upon publication in Official Company Materials, including but not limited to, posting on OPM Wealth’s website, e-mail distribution, publication in Company newsletter, product inserts, or any other commercially reasonable method. The continuation of an Affiliate Member’s OPM Wealth business or an Affiliate Member’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments. The ability to modify the agreement does not extend to the dispute resolution section in these Policies (Section 9), as those provisions can only be modified by way of mutual consent.
1.4 – Delays
The Company shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death, curtailment of a party’s source of supply, or government decrees or orders.
1.5 –Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of the Company to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate 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 OPM Wealth’s right to demand exact compliance with the Agreement. Waiver by the Company can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING AN AFFILIATE MEMBER
2.1 – Requirements to Become an Affiliate Member
To become an Affiliate Member of OPM Wealth, each applicant must:
A. Be of the age of majority in his or her state of residence;
B. Reside in the United States or other countries, which have been officially opened by OPM Wealth;
C. Have a valid Social Security Number or Federal Tax Identification Number;
D. Submit a properly completed and signed Affiliate Member Agreement to OPM Wealth; and
2.2 – New Affiliate Member Registration by the Internet
A prospective Affiliate Member may self-enroll on the sponsor’s web site. In such event, instead of a physically signed Affiliate Member agreement, OPM Wealth will accept the agreement by accepting the “electronic signature” stating the new Affiliate Member has accepted the terms and conditions of the Agreement. Please note that such electronic signature constitutes a legally binding agreement between the you and the Company.
2.3 – Affiliate Member Benefits
Once an Affiliate Member Agreement has been accepted by the Company, the benefits of the Compensation Plan and the Agreement are available to you. These benefits include the right to:
A. Sell OPM Wealth services;
B. Participate in the Company Compensation Plan (receive bonuses and commissions, if eligible);
C. Sponsor other individuals as retail customers (“Customers”) or Affiliate Members into the OPM Wealth business and thereby build an organization and progress through the Company Compensation Plan;
D. Receive periodic Company literature and other corporate communications;
E. Participate in OPM Wealth-sponsored support service training, motivational and recognition functions; and
F. Participate in promotional and incentive contests and programs sponsored by the Company exclusively for its distributors.
SECTION 3 – INCOME DISCLAIMER POLICY
3.1 – Due Diligence
Company makes no guarantees, warranties, or representations as to the rate by which Company may affect your own independent trading. All Affiliate Members understand and agree that the Company is not liable for any loss suffered in the facilitation, conduct and oversight of the OPM Wealth services. Furthermore, you acknowledge that you have conducted sufficient due diligence with regards to the risks associated with trading and recognize the risk that financial loss(es) may occur.
OPM Wealth is NOT providing investment advice as all services are delivered to all participants uniformly without regard to an individual’s trade objectives, financial condition or suitability. Moreover, the Company does not exercise trading authority over your trades. You and you alone exercise discretionary trading authority.[TR2]
OPM Wealth has some trading disclosures present on its website (include link to disclosures[TR3] ). A copy of these Disclosures must be presented to a prospective Customer or Affiliate Member any time OPM Wealth business is discussed.
3.2 – Income Disclaimer
In an effort to conduct best business practices, OPM Wealth has developed the income disclaimer (“Income Disclaimer”). The OPM Wealth Income Disclaimer is designed to convey truthful, timely, and comprehensive information regarding the income that Affiliate Members may earn. In order to accomplish this objective, a copy of the Income Disclaimer must be presented to all prospective Affiliate Members.
A copy of the Income Disclaimer must be presented to a prospective Affiliate Member (someone who is not a party to a current OPM Wealth Affiliate Member Application & Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) includes any of the following: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Affiliate Member earned over two million dollars last year” or “Our average ranking Affiliate Member makes three thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Affiliate Members is eight thousand dollars on the low end to forty thousand dollars a month on the high end.”
In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, you must provide every prospective Affiliate Member with a copy of the Income Disclaimer. Copies of the Income Disclaimer may be printed or downloaded without charge from the company website at [include link[TR4] ].
SECTION 4 – ADVERTISING
4.1 – Adherence to the OPM Wealth Compensation Plan
Affiliate Members must adhere to the terms of the OPM Wealth Compensation Plan as set forth in Official Company Materials. Affiliate Members shall not offer the OPM Wealth opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Company Materials. Affiliate Members shall not require or encourage other current or prospective Customers or Affiliate Members to participate in OPM Wealth in any manner that varies from the program as set forth in Official Company Materials. Affiliate Members shall not require or encourage other current or prospective Customers or Affiliate Members to execute any agreement or contract other than official Company agreements and contracts in order to become an Affiliate Member of OPM Wealth. Similarly, Affiliate Members shall not require or encourage other current or prospective Customers or Affiliate Members to make any purchase from, or payment to, any individual or other entity to participate in the OPM Wealth Compensation Plan other than those purchases or payments identified as recommended or required in Official Company Materials.
4.2 – Use of Sales Aids
To promote both the services and the opportunity OPM Wealth offers, Affiliate Members must use the sales aids and support materials produced by the Company. If Affiliate Members develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding any good intentions, they may unintentionally violate any number of statutes or regulations affecting an OPM Wealth business. These violations, although they may be relatively few in number, could jeopardize the OPM Wealth sales opportunity for all. Accordingly, Affiliate Members must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Affiliate Member receives specific written approval to use the material, the request shall be deemed denied. All Affiliate Members shall safeguard and promote the good reputation of OPM Wealth and its services. The marketing and promotion of OPM Wealth, the OPM Wealth sales opportunity, the Compensation Plan, and OPM Wealth services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 -Intellectual Property
OPM Wealth will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including OPM Wealth Affiliate Members, without prior written authorization from the Company. Furthermore, no Affiliate Member may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Affiliate Member without prior written consent from the named Affiliate Member. This consent must be on file with the Company Compliance Department prior to any use.
4.4 –Web Policy
If an Affiliate Member desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead Customers or potential Affiliate Members in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are an authorized representative for OPM Wealth, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official OPM Wealth Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. OPM Wealth will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.
B. Domain Names, email Addresses and Online Aliases
You cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of OPM Wealth by showing up as the sender of an email.
Examples of the improper use include but are not limited to:
[email protected]; www.OPMWealthDirect.com; www.facebook.com/OPMWealth or derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows: facebook.com/iloveOPMWealth; [email protected]
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of OPM Wealth. If you have a question whether your chosen name is acceptable, you may submit it to the Company Compliance Department for review before use.
C. Approved Affiliate Member Websites
The term Affiliate Member Website refers to the Affiliate Member website offered by OPM Wealth or an approved vendor. The term Social Media Website refers to any site that is not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, Twitter.com, YouTube.com, personal blogs or other personal websites.
D. Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or promote specific OPM Wealth services. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring, and informing the public about the OPM Wealth sales opportunity provided you follow the other requirements of this agreement such as identifying yourself as an Affiliate Member of OPM Wealth, only using approved images and versions of any trademarked logos and without using fraudulent or misleading product or income claims. If a link or URL is provided, it must link to your Affiliate Member Website or your Social Media Website.
E. Online Retailing
Approved Affiliate Member websites are intended to provide an Affiliate Member with the tools and means for generating leads, prospecting business, communicating with others, selling services, and otherwise advancing your OPM Wealth business. You may not sell OPM Wealth services on any other online retail store or ecommerce site, nor may you enlist or knowingly allow a third-party to sell OPM Wealth services on any online retail store or ecommerce site.
Social Media Websites such as Facebook may also be used to promote your OPM Wealth business. You must provide approved OPM Wealth links to your Affiliate Member replicated website for sales and order processing. All online sales of OPM Wealth services must take place and be produced through the Affiliate Member Replicated website (or Corporate site).
F. Banner Advertising
You may place banner advertisements on a website provided you use OPM Wealth-approved templates and images. All banner advertisements must link to your Affiliate Member Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with OPM Wealth services or the OPM Wealth sales opportunity.
G. Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books etc. must be unique, informative and relevant.
H. Social Networking Sites
You may use social networking websites (Facebook, LinkedIn, blogs, forums and other social shared interest sites) to share information about the OPM Wealth, mission and sales opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific OPM Wealth services.
Profiles you generate in any social community where you mention or discuss OPM Wealth must clearly identify you as an Affiliate Member of OPM Wealth and must appear as described herein. When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at the Company’s sole discretion, and offending Affiliate Members will be subject to disciplinary action and/or termination.
You agree that you will immediately take down a non-compliant site at the request of OPM Wealth. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
I. Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to your Affiliate Member Website. The display URL must also be to your Affiliate Member Website and must not portray any URL that could lead the user to assume they are being led to an OPM Wealth Corporate site, or be inappropriate or misleading in any way.
J. External Websites
You are allowed external websites to promote your OPM Wealth business and the OPM Wealth opportunity. If you wish to use an external website you must do the following:
a.) Identify yourself as an Affiliate Member for OPM Wealth.
b.) Use only the approved images and wording authorized by OPM Wealth.
c.) Adhere to the branding, trademark, and image usage policies described in this document.
d.) Agree to modify your website to comply with current or future OPM Wealth policies.
You are solely responsible and liable for your own website content, messaging, claims, and information and must ensure your website appropriately represents and enhances the OPM Wealth brand and adheres to all Company guidelines and policies. Additionally, your website must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at OPM Wealth’ sole discretion. You are encouraged to use the approved OPM Wealth images that are available through the business suite.
K. OPM Wealth Affiliate Member Image Mandate
When using a Social Media Website or external website it must contain:
a.) An OPM Wealth Affiliate Member Logo from the approved templates.
b.) Your Name and Title (example: Jimmy Walker, Affiliate Member, OPM Wealth).
c.) A link to your Affiliate Member Website.
Although OPM Wealth brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Affiliate Member Website, and not an OPM Wealth Corporate page.
– Advertised Price
You may not advertise any of OPM Wealth’s services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
4.7 – Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
A. No advertisement may imply that a job, position, salary, or any type of employment is allowed.
B. No advertisement may promote, represent, or imply salaried positions, management positions, hourly wages, full or part-time employment, or guaranteed incomes. The OPM Wealth opportunity is not a job, and may not be presented as such. Terms such as “manager trainee,” “management positions available,” “travel provided,” “call for interview,” “positions available,” “now hiring,” and other misleading statements are not allowed.
C. No specific income can be promised or implied, and any references to compensation must use the word “commissions” to indicate the independent contractor status of Affiliate Members.
D. Advertisements may not contain references to OPM Wealth or its services and may not use any of the Company’s trademarks or tradenames.
Any requests for variances from the above rules must be submitted to OPM Wealth and approved in writing prior to publication. Please direct any inquiries to the Company Compliance Department.
4.8 –Media and Media Inquiries
Affiliate Members must not initiate any interaction with the media or attempt to respond to media inquiries regarding OPM Wealth, its services, or their independent OPM Wealth business. All inquiries by any type of media must be immediately referred to OPM Wealth’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.9 – Unsolicited Email And Fax Communication
OPM Wealth does not permit Affiliate Members to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an Affiliate Member that promotes OPM Wealth, the OPM Wealth sales opportunity, or its 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 they 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 Member’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 Member receives an opt-out request from a recipient of an email, the Affiliate Member must forward the opt-out request to the Company. OPM Wealth may periodically send commercial emails on behalf of Affiliate Members. By entering into the Agreement, Affiliate Member agrees that the Company may send such emails and that the Affiliate Member’s physical and email addresses will be included in such emails as outlined above. Affiliate Members shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Affiliate Members may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their OPM Wealth businesses.
SECTION 5 – OPERATING AN OPM Wealth BUSINESS.
5.1 – Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be an Affiliate Member of OPM Wealth by submitting an Affiliate Member Application & Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”). An OPM Wealth business 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 Affiliate Member(s) must provide the Entity Documents to the Company. The Affiliate Member Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable or any indebtedness or other obligation to OPM Wealth.
5.1.1 – Changes to a Business Entity
Each Affiliate Member must immediately notify the Company of any changes to the type of business entity they utilize in operating their OPM Wealth business, and the addition or removal of business associates. An OPM Wealth business 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. The Affiliate Member Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to OPM Wealth.
5.2 – Unauthorized Claims and Action
5.2.1 – Indemnification
An Affiliate Member is fully responsible for all of his or her verbal and/or written statements made regarding OPM Wealth services and the Compensation Plan, which are not expressly contained in Official Company Materials. Affiliate Members agree to indemnify OPM Wealth and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by OPM Wealth as a result of the Affiliate Member’s unauthorized representations or actions. This provision shall survive the cancellation of the Affiliate Member Agreement.
5.2.2 –Endorsements of OPM Wealth Services
No claims as to any services offered by OPM Wealth may be made except those contained in Official Company Materials.
5.3 – Conflicts
5.3.1 – Non-solicitations
OPM Wealth Affiliate Members are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the term of this Agreement, Affiliate Members may not directly or indirectly recruit other OPM Wealth Customers/Affiliate Members other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of the Agreement, and for a period of one (1) calendar year thereafter, with the exception of an Affiliate Member who is personally sponsored by the former Affiliate Member, a former Affiliate Member may not recruit any OPM Wealth Customer/ Affiliate Member for another Network Marketing business.
5.3.2 – Sale of Competing Goods or Services
During this agreement and for six (6) months thereafter, Affiliate Members must not sell, or attempt to sell, any competing non-OPM Wealth programs to OPM Wealth Customers/Affiliate Members. Any program, product, service, or direct selling opportunity in the same generic categories as OPM Wealth are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
5.3.3 – Targeting Other Direct Sellers
Should Affiliate Members engage in solicitation and/or enticement of members of another direct sales company to sell or distribute OPM Wealth services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Affiliate Member alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, the Company will not pay any of Affiliate Member’s defense costs or legal fees, nor will the Company indemnify the Affiliate Members for any judgment, award, or settlement.
5.3.4 – Privacy and Confidentiality
5.3.5- The Data Management Rule
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Affiliate Members, as well as the Company. LOS information is information compiled by the Company that discloses or relates to all or part of the specific arrangement of sponsorship within the OPM Wealth business, including, without limitation, Affiliate Member lists, sponsorship trees, and all Affiliate Member information generated therefrom, in its present and future forms. The OPM Wealth LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. OPM Wealth is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by the Company and its Affiliate Members. Through this Rule, Affiliate Members are granted a personal, non-exclusive, non-transferable and revocable right by OPM Wealth to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the Affiliate Member stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of OPM Wealth, such is necessary to protect the confidentiality or value of Proprietary Information. All Affiliate Members shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof.
5.4 – Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current Customer number or Affiliate Member Agreement on file with the Company, or who has had such an agreement within the preceding twelve (12) 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 Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of an OPM Wealth business in accordance with the “Sale, Transfer or Assignment of OPM Wealth Business” section of these Policies and Procedures.
5.5 – Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Affiliate Members shall not represent or imply that OPM Wealth or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
5.6 – Identification
All Affiliate Members are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to OPM Wealth either on the Affiliate Member Agreement or at the company’s request. Upon enrollment, the Company will provide a unique Affiliate Member Identification Number to the Affiliate Member by which they will be identified. This number will be used to place orders and track commissions and bonuses.
5.7 – Income Taxes
Every year, OPM Wealth will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each Affiliate Member is responsible for paying local, state and federal taxes on any income generated as a distributor. If an OPM Wealth business is tax exempt, the Federal Tax Identification Number must be provided to the Company. Any Affiliate Member that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their commissions and bonus will be withheld and submitted to the IRS.
5.8 – Independent Contractor Status
You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an independent distributor of the Company. You have no authority to bind OPM Wealth to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent OPM Wealth Business or the acquisition, receipt, holding, selling, distributing or advertising of OPM Wealth’s services and the sales opportunity.
Affiliate Members may not answer the telephone by saying “OPM Wealth,” “OPM Wealth Corporate” or by any other manner that would lead the caller to believe that they have reached the Corporate offices. An Affiliate Member may only represent that he/she is an OPM Wealth Affiliate Member. Therefore, all correspondence and business cards relating to or in connection with an Affiliate Member’s business shall contain the person’s name followed by the term “Affiliate Member”.
5.9 – Stacking
Stacking is the unauthorized manipulation of the OPM Wealth compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Affiliate Member in an unearned manner. One example of stacking occurs when a sponsor places participants under an inactive downline participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of Affiliate Members within a downline organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the Affiliate Member’s position and the position(s) of all individuals found to be directly involved.
5.10 – One OPM Wealth Business Per Affiliate Member
An Affiliate Member may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one OPM Wealth business. No individual may have, operate or receive compensation from more than one OPM Wealth business. Individuals of the same family unit may each enter into or have an interest in their own separate OPM Wealth businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.
5.11 – Succession
Upon the death or incapacitation of an Affiliate Member, their business may be passed to a designated heir(s). Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever a OPM Wealth business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Affiliate Member’s marketing organization provided the following qualifications are met. The successor(s) must:
• Execute an Affiliate Member Application & Agreement;
• Comply with terms and provisions of the Agreement;
• Meet all of the qualifications for the deceased Affiliate Member’s rank/status;
• Provide the Company with an “address of record” to which all bonus and commission checks will be sent. Bonus and commission checks of a OPM Wealth business transferred pursuant to this section will be paid in a single check jointly to the successor(s).
• Form a business entity and acquire a federal Taxpayer Identification Number, if the business is bequeathed to joint successors. The Company will issue all bonus and commission checks and one 1099 to the business entity.
5.12 – Sale, Transfer, or Assignment of an OPM Wealth Business
Although an OPM Wealth business is a privately owned, independently operated business, the sale, transfer or assignment of an OPM Wealth business is subject to certain limitations. If an Affiliate Member wishes to sell their OPM Wealth business, the following criteria must be met:
A. Protection of the existing line of sponsorship must always be maintained so that the OPM Wealth business continues to be operated in that line of sponsorship;
B. The buyer or transferee must become a qualified OPM Wealth Affiliate Member. If the buyer is an active OPM Wealth Affiliate Member, they must first terminate their OPM Wealth business and wait six (6) calendar months before acquiring any interest in the new OPM Wealth business;
C. Before the sale, transfer, or assignment can be finalized and approved by the Company, any debt obligations the selling Affiliate Member has with OPM Wealth must be satisfied; and
D. The selling Affiliate Member must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer, or assign an OPM Wealth business.
Prior to selling an OPM Wealth business, the selling Affiliate Member must notify the Company’s Compliance Department of their intent to sell the OPM Wealth business. No changes in line of sponsorship can result from the sale or transfer of an OPM Wealth business. An Affiliate Member may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.
5.13 – Separation of an OPM Wealth Business
OPM Wealth Affiliate Members sometimes operate their OPM Wealth businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Affiliate Members and the Company in a timely fashion, OPM Wealth will involuntarily terminate the Affiliate Member Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
A. One of the parties may, with consent of the other(s), operate the OPM Wealth business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize the Company to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
B. The parties may continue to operate the OPM Wealth business jointly on a “business-as-usual” basis, whereupon all compensation paid by the Company will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above. The Company will never remove a party to a position from an Affiliate Member account without that party’s written permission and signature. Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Under no circumstances will the Company split commission and bonus checks between divorcing spouses or members of dissolving entities. The Company will recognize only one downline organization and will issue only one commission check per OPM Wealth business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the Affiliate Member Agreement shall be involuntarily cancelled. If a former spouse has completely relinquished all rights in the original OPM Wealth business pursuant to a divorce, they are thereafter free to enroll under any sponsor of their choosing without waiting six (6) calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an Affiliate Member. In either case, however, the former spouse or business affiliate shall have no rights to any Affiliate Members in their former organization or to any former customer. They must develop the new business in the same manner as would any other new Affiliate Member.
5.14 – Sponsoring
All Active (as defined in the OPM Wealth Compensation Plan) Affiliate Members in good standing have the right to sponsor and enroll others into OPM Wealth. Each prospective Customer or Affiliate Member has the ultimate right to choose his or her own Sponsor. If two Affiliate Members claim to be the Sponsor of the same new Affiliate Member or customer, the Company shall regard the first application received by the Company as controlling.
5.15 – Harassment
OPM Wealth is committed to providing Affiliate Members with a work environment free from harassment, intimidation, and abuse from other Affiliate Members, employees, vendors, and any other individuals in the workplace. At OPM Wealth, harassment of any kind will not be tolerated and is strictly prohibited, such as: derogatory or threatening comments, inappropriate sexual behavior including but not limited to unwelcome sexual advances or requests for sexual favors, displaying visual images of a sexual nature, physical or verbal harassment, or violent behavior. Affiliate Members are encouraged to report any type of harassment incidents immediately. OPM Wealth will not tolerate acts or threats of violence and will investigate all reports. You have a responsibility to act when you are aware of a threat or risk to any of our sales force.
SECTION 6 – RESPONSIBILITIES OF AN AFFILIATE MEMBER
6.1 – Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials and commission checks, it is critically important that the OPM Wealth’s files are current. Affiliate Members planning to move or change their email address must submit an amended Affiliate Member Agreement complete with the new information.
6.2 – Sponsoring Affiliate Member Responsibilities
6.2.1 – Initial Training
Any Affiliate Member who sponsors another Affiliate Member into OPM Wealth must perform a bona fide assistance and training function to ensure that their downline is properly operating their OPM Wealth business. Affiliate Members must provide the most current version of the Policies and Procedures, the Income Disclaimer Statement, and Compensation Plan to individuals whom they are sponsoring to become Affiliate Members before the applicant signs an Affiliate Member Application & Agreement.
6.2.2 – Ongoing Training Responsibilities
Affiliate Members must monitor the Affiliate Members in their downline organizations to ensure that downline Affiliate Members do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Affiliate Member should be able to provide documented evidence to OPM Wealth of their ongoing fulfilment of the responsibilities of a Sponsor.
6.3 – Non-Disparagement
Affiliate Members must not disparage, demean, or make negative remarks about OPM Wealth, other Affiliate Members, OPM Wealth’s services, the Compensation Plan, or the Company’s owners, board members, directors, officers, or employees.
6.4 – Reporting Policy Violations
Affiliate Members observing a Policy violation by another Affiliate Member should submit a written report of the violation directly to the attention of the Company Compliance Department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 – AUTOMATIC BILLING
7.1 – Billing
The program is automatically renewed each month with a credit or debit card maintained on file with OPM Wealth. The Affiliate Member may make adjustments to their monthly subscription in the back office of the OPM Wealth website. [TR5]
SECTION 8 –COMMISSIONS AND REFUND POLICY
8.1 – Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, an Affiliate Member must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An Affiliate Member will qualify to receive commissions and bonuses so long as he/she meets all qualifications pursuant to the OPM Wealth Compensation Plan (for more information, please see that document).
8.2 – Errors or Questions
If an Affiliate Member has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Affiliate Member must notify OPM Wealth in writing within thirty (30) days of the date of the purported error or incident in question. The Company will not be responsible for any errors, omissions, or problems not reported within 30 days.
8.3 – 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 Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Customer/Affiliate Member; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Customers/Affiliate Members (“phantoms”); (d) purchasing OPM Wealth services on behalf of another Customer/Affiliate Member to qualify for commissions or bonuses; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
8.4 – Reports
All information provided by OPM Wealth, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments, an Affiliate Member whose Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
An OPM Wealth participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company.
8.5 – Refund Policy
OPM Wealth offers a three-day, satisfaction guarantee on all initial fees paid to the company. [TR6] All subsequent fees are nonrefundable. When a refund is requested by an Affiliate Member, the bonuses and commissions attributable to the refunded service will be deducted from the Affiliate Member who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the commission is recovered.
SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 – Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an Affiliate Member that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the Affiliate Member’s OPM Wealth business), may result, at OPM Wealth’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the Affiliate Member to take immediate corrective measures;
• Imposition of a fine, which may be withheld from bonus and commission checks;
• Loss of rights to one or more bonus and commission checks;
• With holding from an Affiliate Member all or part of the Affiliate Member’s bonuses and commissions during the period that OPM Wealth is investigating any conduct allegedly contrary to the Agreement. If an Affiliate Member’s business is cancelled for disciplinary reasons, the Affiliate Member will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual’s Affiliate Member’s Agreement for one or more pay periods;
• Involuntary termination of the offender’s Affiliate Member Agreement;
• Any other measure expressly allowed within any provision of the Agreement or which OPM Wealth deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate Member’s policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of OPM Wealth.
9.2 – Mediation
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorneys’ fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Birmingham, Alabama, and shall last no more than two (2) business days.
9.3 – Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Affiliate Members waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Birmingham, Alabama. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Nothing in these Policies and Procedures shall prevent OPM Wealth from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect OPM Wealth’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
9.4 – Damages
In any case which arises from or relates to the wrongful termination of the Agreement and/or an Affiliate Member’s OPM Wealth business, the Company and Affiliate Member agree that damages will be extremely difficult to ascertain. Therefore, the Company and Affiliate Member stipulate that if the involuntary termination of the Agreement and/or loss of the Affiliate Member’s OPM Wealth business is proven and held to be wrongful under any theory of law, the Affiliate Member’s sole remedy shall be liquidated damages calculated as follows:
- For Affiliate Members earning an average of more than $8,000 [TR7] per month based on a six-month average, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the OPM Wealth Compensation Plan in the twelve (12) months immediately preceding the termination.
- For Affiliate Members earning an average of more than $15,000[TR8] per month based on a six-month average, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the OPM Wealth Compensation Plan in the twenty-four (24) months immediately preceding the termination.
In any action arising from or relating to the Agreement, the OPM Wealth business, or the relationship between the Company and Affiliate Member, both parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The Company and Affiliate Member further waive all claims to exemplary and punitive damages.
9.5 – Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Birmingham, Alabama. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Alabama shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana shall be entitled to bring an action against Plutus Enterprises, LLC in their home forum and pursuant to Louisiana law.
SECTION 10 – EFFECT OF CANCELLATION
10.1- Effect of Cancellation and Termination
So long as an Affiliate Member remains active and complies with the terms of the Agreement and these Policies, OPM Wealth shall pay commissions to such Affiliate Member in accordance with the Compensation Plan. An Affiliate Member’s bonuses and commissions constitute the entire consideration for the Affiliate Member’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following an Affiliate Member’s non-continuation of his or her Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Agreement (all of these methods are collectively referred to as “Cancellation”), the former Affiliate Member shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. Affiliate Members waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following an Affiliate Member’s cancellation of his or her Agreement, the former Affiliate Member shall not hold him or herself out as an OPM Wealth Affiliate Member and shall not have the right to sell OPM Wealth services. An Affiliate Member whose Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
An OPM Wealth participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its Customer Support email address. The written notice must include the Affiliate Member’s signature, printed name, address, and Affiliate Member ID Number.
An Affiliate Member may also voluntarily cancel their Affiliate Member Agreement by failing to pay the renewal fee. Affiliate Members have a 60-day grace period to get back into compliance for failure to pay the administrative fee.
SECTION 11 – DEFINITIONS
AGREEMENT: The contract between the Company and each Affiliate Member, which includes: the Affiliate Member Application & Agreement, the OPM Wealth Policies and Procedures, and the OPM Wealth Compensation Plan, all in their current form and as amended by the Company in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an Affiliate Member’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Affiliate Members can generate commissions and bonuses.
CUSTOMER: A Customer who purchases OPM Wealth services and does not engage in building a business or selling the service.
AFFILIATE MEMBER (Affiliate Member): An individual who purchases product, generates sales and business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by OPM Wealth that provides critical data relating to the identities of Affiliate Members, sales information, and enrollment activity of each Affiliate Member’s organization. This report contains confidential and trade secret information which is proprietary to OPM Wealth.
ORGANIZATION: The Customers and Affiliate Members placed below a particular Affiliate Member.
OFFICIAL COMPANY MATERIALS: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by OPM Wealth to its Affiliate Members.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of OPM Wealth’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another OPM Wealth Customer or Affiliate Member to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: An Affiliate Member who enrolls a Customer or another Affiliate Member into the Company, and is listed as the Sponsor on the Affiliate Member Agreement. The act of enrolling others and training them to become Affiliate Members is called “sponsoring.”
UPLINE: This term refers to the Affiliate Member(s) above a particular Affiliate Member in a sponsorship line up to the Company. It is the line of sponsors that links any particular Affiliate Member to the Company.
[TR1]Please advise on what else an Affiliate Member must do.
[TR2]Understand this is not some guarantee that the warnings addressed in the legal review surrounding securities regulations won’t come true. At the end of the day, this language is not some fail-safe against a regulator deciding OPM is, in fact, providing investment advice and violating certain investment regulations.
It’s important the Company maintain separation between investment education and playing a hand in executing an individual’s trades.
[TR3]Need to link to disclosures.
[TR4]Include link to income disclaimer we provided.
[TR5]Let us know if there is a monthly subscription fee for the platform. If not, this section can be deleted.
[TR6]Per our advice in the legal review, we at a minimum suggest a three-day right of rescission.
[TR7]Adjust this as needed. It should be for people at a one of the highest levels.
[TR8]Same note as above.