Unit of Prosperity, LLC (hereafter “Unit of Prosperity” or “the Company”) is a values-based company that prides itself on the quality and character of its Affiliate Members. The following guidelines help ensure a uniform standard of excellence throughout our organization. Every Unit of Prosperity 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 Unit of Prosperity 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 Unit of Prosperity, any Unit of Prosperity corporate officer or employee, myself, or other Affiliate Members.
D. I will not make discouraging or disparaging claims toward other Unit of Prosperity Affiliate Members. I will ensure that in all Unit of Prosperity 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 Unit of Prosperity 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 Unit of Prosperity 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 Unit of Prosperity income to recruit a potential Affiliate Member(s) after I have given a copy of the Income Disclosure Statement to the potential Affiliate Member(s).
G. I will abide by all of Unit of Prosperity’s Policies & Procedures now and as they may be amended in the future.
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of Unit of Prosperity, are incorporated into, and form an integral part of, the Unit of Prosperity Affiliate Member Agreement (hereafter “Affiliate Member Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Unit of Prosperity Affiliate Member Agreement, these Policies, and the Unit of Prosperity Compensation Plan. These documents are incorporated by reference into the Affiliate Member Agreement (all in their current form and as amended by Unit of Prosperity). 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 Affiliate Member Agreement.
Because federal, state, and local laws, as well as the business environment, periodically change, Unit of Prosperity reserves the right to amend the Agreement and the prices in its Unit of Prosperity Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Unit of Prosperity Materials. Amendments shall be effective upon publication in Official Unit of Prosperity Materials, including but not limited to, posting on Unit of Prosperity’s website, e-mail distribution, publication in Unit of Prosperity’s newsletter, product inserts, or any other commercially reasonable method. The continuation of aAffiliate Member’s Unit of Prosperity 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.
Unit of Prosperity 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.
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 Unit of Prosperity 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 Unit of Prosperity’s right to demand exact compliance with the Agreement. Waiver by Unit of Prosperity can be effectuated only in writing by an authorized officer of the Company.
To become a Unit of Prosperity Affiliate Member, 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 Unit of Prosperity;
C. Have a valid Social Security Number or Federal Tax Identification Number;
D. Submit a properly completed and signed Affiliate Member Agreement to Unit of Prosperity via electronically or fax; and
E. Submit a non-commissionable enrollment fee by either payment of $97 via lump sum or $19 per month.
A prospective Affiliate Member may self-enroll on the sponsor’s web site. In such event, instead of a physically signed Affiliate Member agreement, Unit of Prosperity will accept the agreement by accepting the “electronic signature” stating the new Affiliate Member has accepted the terms and conditions of the Affiliate Member Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Affiliate Memberand Unit of Prosperity. Faxed agreements must include both the front and back of the Affiliate Member Agreement.
Once an Affiliate Member Agreement has been accepted by Unit of Prosperity, the benefits of the Compensation Plan and the Affiliate Member Agreement are available to the new Affiliate Member. These benefits include the right to:
A. Sell Unit of Prosperity services;
B. Participate in the Unit of Prosperity Compensation Plan (receive bonuses and commissions, if eligible);
C. Sponsor other individuals as customers or Affiliate Members into the Unit of Prosperity business and thereby build an organization and progress through the Unit of Prosperity Compensation Plan;
D. Receive periodic Unit of Prosperity literature and other Unit of Prosperity communications;
E. Participate in Unit of Prosperity-sponsored support service training, motivational and recognition functions; and
F. Participate in promotional and incentive contests and programs sponsored by Unit of Prosperity for its Affiliate Members.
An Affiliate Member must renew their Affiliate Member status annually by submitting either an annual renewal fee of $97 or a monthly renewal fee of $19. This payment is due on the anniversary of the Affiliate Member’s yearly or monthly acceptance date. If the Affiliate Member allows his or her business to expire due to nonpayment of the renewal fee, the Affiliate Member will lose any and all rights to his or her downline organization unless the Affiliate Member re-activates within 60 days following the expiration of the agreement.
If the former Affiliate Member re-activates within the 60-day time limit, the Affiliate Member will resume the rank and position held immediately prior to the expiration of the Affiliate Member agreement. However, such Affiliate Member’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The Affiliate Member is not eligible to receive commissions for the time period that the Affiliate Member’s business was expired.
Any Affiliate Member whose agreement has expired and lapsed the 60-day grace period is not eligible to reapply for a Unit of Prosperity business for 12 months following the expiration of the Affiliate Member agreement.
Any Affiliate Member terminated by Unit of Prosperity may not reapply to do business for 12 months from their termination date.
The downline of the expired Affiliate Member will roll up to the immediate, active upline sponsor.
In an effort to conduct best business practices, Unit of Prosperity has developed the Income Disclosure Statement (“IDS”). The Unit of Prosperity IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Unit of Prosperity Affiliate Members earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Affiliate Members.
A copy of the IDS must be presented to a prospective Affiliate Member (someone who is not a party to a current Unit of Prosperity Affiliate Member Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Affiliate Member earned over a million dollars last year” or “Our average ranking Affiliate Member makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Affiliate Members is ten thousand dollars on the low end to thirty 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 IDS. Copies of the IDS may be printed or downloaded without charge from the company website at www.unitofprosperity.com/IDS.
Affiliate Members must adhere to the terms of the Unit of Prosperity Compensation Plan as set forth in Official Unit of Prosperity Materials. Affiliate Members shall not offer the Unit of Prosperity opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Unit of Prosperity Materials. Affiliate Members shall not require or encourage other current or prospective customers or Affiliate Members to participate in Unit of Prosperity in any manner that varies from the program as set forth in Official Unit of Prosperity 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 Unit of Prosperity agreements and contracts in order to become a Unit of Prosperity Affiliate Member. 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 Unit of Prosperity Compensation Plan other than those purchases or payments identified as recommended or required in Official Unit of Prosperity Materials.
To promote both the services and the opportunity Unit of Prosperity offers, Affiliate Members must use the sales aids and support materials produced by Unit of Prosperity. If Unit of Prosperity Affiliate Members develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliate Members’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a Unit of Prosperity business. These violations, although they may be relatively few in number, could jeopardize the Unit of Prosperity opportunity for all Affiliate Members. 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 Unit of Prosperity and its services. The marketing and promotion of Unit of Prosperity, the Unit of Prosperity opportunity, the Compensation Plan, and Unit of Prosperity services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
Unit of Prosperity 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 Unit of Prosperity Affiliate Members, without prior written authorization from Unit of Prosperity. 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 Unit of Prosperity’s Compliance department prior to any use.
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 Unit of Prosperity, 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 Unit of Prosperity Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. Unit of Prosperity 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 Unit of Prosperity by showing up as the sender of an email.
Examples of the improper use include but are not limited to: Unit of Prosperity@msn.com; www.Unit of ProsperityDirect.com; www.facebook.com/Unit of ProsperityCorporate or derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows: facebook.com/iloveUnit of Prosperity; jimsmith@Unit of ProsperityAffiliateMember.net.
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of Unit of Prosperity. If you have a question whether your chosen name is acceptable, you may submit it to compliance@Unit of Prosperity.com for review before use.
C. Approved Affiliate Member Websites
The term Affiliate Member Website refers to the Affiliate Member website offered by Unit of Prosperity or an approved vendor to affiliates. 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, MySpace.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 Unit of Prosperity services. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring, and informing the public about the Unit of Prosperity opportunity provided you follow the other requirements of this agreement such as identifying yourself as an independent representative of Unit of Prosperity, 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 websites are intended to provide the affiliates with the tools and means for generating leads, prospecting business, communicating with others, selling products and services, and otherwise advancing your Unit of Prosperity business. You may not sell Unit of Prosperity services on any other online ecommerce site, nor may you enlist or knowingly allow a third party (customer) to sell Unit of Prosperity products on any online ecommerce site.
Social Media sites such as Facebook may also be used to promote your Unit of Prosperity business. You must provide approved Unit of Prosperity links to your Affiliate Member replicated website for sales and order processing. All online sales of Unit of Prosperity products 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 Unit of Prosperity -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 Unit of Prosperity products or the Unit of Prosperity business 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 Unit of Prosperity product, mission and business opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific Unit of Prosperity services.
Profiles you generate in any social community where you mention or discuss Unit of Prosperity must clearly identify you as a Unit of Prosperity independent Affiliate Member 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 Unit of Prosperity’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 Unit of Prosperity. 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 a Unit of Prosperity Corporate site or be inappropriate or misleading in any way.
J. External Websites
You are allowed external websites to promote your Unit of Prosperity business and the Unit of Prosperity opportunity. If you wish to use an external website you must do the following:
a.) Identify yourself as an Independent Affiliate Member for Unit of Prosperity.
b.) Use only the approved images and wording authorized by Unit of Prosperity.
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 Unit of Prosperity 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 Unit of Prosperity brand and adheres to all Unit of Prosperity 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 Unit of Prosperity’s sole discretion. You are encouraged to use the approved Unit of Prosperity images that are available through the business suite.
K. Unit of Prosperity’s Affiliate Member Image Mandate
When using a Social Media or external website it must contain:
a.) A Unit of Prosperity Affiliate Member Logo from the approved templates.
b.) Your Name and Title (example: Joan Arc, Affiliate Member, Unit of Prosperity).
c.) A link to your Affiliate Member Replicated website.
Although Unit of Prosperity brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Affiliate Member site, and not the Unit of Prosperity Corporate page.
You may not advertise any of Unit of Prosperity’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.
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 Unit of Prosperity 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 Unit of Prosperity or its services and may not use any of Unit of Prosperity’s trademarks or trade-names.
Any requests for variances from the above rules must be submitted to Unit of Prosperity and approved in writing prior to publication. Please direct any inquiries to the Unit of Prosperity Compliance Department.
Affiliate Members must not initiate any interaction with the media or attempt to respond to media inquiries regarding Unit of Prosperity, its services, or their independent Unit of Prosperity business. All inquiries by any type of media must be immediately referred to Unit of Prosperity’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.
Unit of Prosperity 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 promotesUnit of Prosperity, the Unit of Prosperity opportunity, or Unit of Prosperity 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.Unit of Prosperity may periodically send commercial emails on behalf of Affiliate Members. By entering into the Affiliate Member 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 Unit of Prosperity businesses.
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Unit of Prosperity Affiliate Member by submitting a Unit of Prosperity Affiliate Member Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to Unit of Prosperity. A Unit of Prosperity 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 Unit of Prosperity. The Affiliate MemberApplication 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 Unit of Prosperity.
Each Affiliate Member must immediately notify Unit of Prosperity of any changes to the type of business entity they utilize in operating their Unit of Prosperity business, and the addition or removal of business associates. A Unit of Prosperity 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 Unit of Prosperity.
To protect the integrity of all marketing organizations and safeguard the hard work of all Affiliate Members,Unit of Prosperity rarely allows changes in sponsorship, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Sponsor Change Request Form within a seven (7) day period from the date of enrollment, and must come from the current listed sponsor.
A request for change of placement must be submitted within seven (7) days of the date of enrollment and must be requested by the current listed sponsor. An Affiliate Member can only be moved inside of the same sponsor’s organization. If approved, an Affiliate Member is placed in the first available open bottom position on the date that the change is made. Affiliate Members who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of Unit of Prosperity.
An Affiliate Member is fully responsible for all of his or her verbal and/or written statements made regarding Unit of Prosperity services and the Compensation Plan, which are not expressly contained in Official Unit of Prosperity Materials. Affiliate Members agree to indemnify Unit of Prosperity and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Unit of Prosperity as a result of the Affiliate Member’s unauthorized representations or actions. This provision shall survive the cancellation of the Affiliate Member Agreement.
No claims as to any services offered by Unit of Prosperity may be made except those contained in Official Unit of Prosperity Materials.
Unit of Prosperity 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 Unit of Prosperity Affiliate Members or Customers other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of an Affiliate Member 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 Unit of Prosperity Affiliate Member or Customer for another Network Marketing business.
During this agreement and for six (6) months thereafter, Affiliate Members must not sell, or attempt to sell, any competing non-Unit of Prosperity programs or services to Unit of Prosperity Customers or Affiliate Members. Any program, product, service, or direct selling opportunity in the same generic categories as the Unit of Prosperity services are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
Should Affiliate Members engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Unit of Prosperity 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, Unit of Prosperity will not pay any of Affiliate Member’s defence costs or legal fees, nor will Unit of Prosperity indemnify the Affiliate Member for any judgment, award, or settlement.
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Affiliate Members, as well as Unit of Prosperity. LOS information is information compiled by Unit of Prosperity that discloses or relates to all or part of the specific arrangement of sponsorship within the Unit of Prosperity business, including, without limitation, Affiliate Member lists, sponsorship trees, and all Affiliate Member information generated therefrom, in its present and future forms. The Unit of Prosperity LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. Unit of Prosperity 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 Unit of Prosperity and its Affiliate Members. Through this Rule, Affiliate Members are granted a personal, non-exclusive, non-transferable and revocable right by Unit of Prosperity 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 Unit of Prosperity, 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.
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 Unit of Prosperity, 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 a Unit of Prosperity business in accordance with the “Sale, Transfer or Assignment of Unit of Prosperity Business” section of these Policies and Procedures.
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 Unit of Prosperity or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
All Affiliate Members are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to Unit of Prosperity 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.
Every year, Unit of Prosperity 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 aAffiliate Member. If a Unit of Prosperity business is tax exempt, the Federal Tax Identification Number must be provided to Unit of Prosperity. 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.
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 Affiliate Member. You have no authority to bind Unit of Prosperity 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 Unit of ProsperityBusiness or the acquisition, receipt, holding, selling, distributing or advertising of Unit of Prosperity’s services or opportunity.
Affiliate Members may not answer the telephone by saying “Unit of Prosperity,” “Unit of Prosperity Incorporated,” or by any other manner that would lead the caller to believe that they have reached Unit of Prosperity’s corporate offices. An Affiliate Member may only represent that he/she is a Unit of Prosperity Affiliate Member. Therefore, all correspondence and business cards relating to or in connection with an Affiliate Member’s Unit of Prosperity business shall contain the Affiliate Member’s name followed by the term “Affiliate Member.”
Paying the membership fees solely for the purpose of collecting bonuses or achieving rank is prohibited.
Stacking is the unauthorized manipulation of the Unit of Prosperity 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 positions of all individuals found to be directly involved.
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 Unit of Prosperity business. No individual may have, operate or receive compensation from more than one Unit of Prosperity business. Individuals of the same family unit may each enter into or have an interest in their own separate Unit of Prosperity 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.
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 Unit of Prosperity 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:
Although a Unit of Prosperity business is a privately owned, independently operated business, the sale, transfer or assignment of a Unit of Prosperity business is subject to certain limitations. If an Affiliate Member wishes to sell their Unit of Prosperity business, the following criteria must be met:
A. Protection of the existing line of sponsorship must always be maintained so that the Unit of Prosperitybusiness continues to be operated in that line of sponsorship;
B. The buyer or transferee must become a qualified Unit of Prosperity Affiliate Member. If the buyer is an activeUnit of Prosperity Affiliate Member, they must first terminate their Unit of Prosperity business and wait six calendar months before acquiring any interest in the new Unit of Prosperity business;
C. Before the sale, transfer, or assignment can be finalized and approved by Unit of Prosperity, any debt obligations the selling Affiliate Member has with Unit of Prosperity 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 a Unit of Prosperity business.
Prior to selling a Unit of Prosperity business, the selling Affiliate Member must notify Unit of Prosperity’s Compliance department of their intent to sell the Unit of Prosperity business. No changes in line of sponsorship can result from the sale or transfer of a Unit of Prosperity business. An Affiliate Member may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.
Unit of Prosperity Affiliate Members sometimes operate their Unit of Prosperity 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, Unit of Prosperity 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 Unit of Prosperity business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize Unit of Prosperity to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
B. The parties may continue to operate the Unit of Prosperity business jointly on a “business-as-usual” basis, whereupon all compensation paid by Unit of Prosperity 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 Unit of Prosperity split commission and bonus checks between divorcing spouses or members of dissolving entities. Unit of Prosperity will recognize only one downline organization and will issue only one commission check per Unit of Prosperity 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 Unit of Prosperity 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.
All Active Affiliate Members in good standing have the right to sponsor and enroll others into Unit of Prosperity. 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.
To ensure timely communications, delivery of support materials and commission checks, it is critically important that the Unit of Prosperity’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.
Any Affiliate Member who sponsors another Affiliate Member into Unit of Prosperity must perform a bona fide assistance and training function to ensure that their downline is properly operating their Unit of Prosperity business. Affiliate Members must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals whom they are sponsoring to become Affiliate Members before the applicant signs an Affiliate Member Agreement.
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 Unit of Prosperity of their ongoing fulfilment of the responsibilities of a Sponsor.
Affiliate Members must not disparage, demean, or make negative remarks about Unit of Prosperity, other Unit of Prosperity Affiliate Members, Unit of Prosperity’s services, the Compensation plan, or Unit of Prosperity’s owners, board members, directors, officers, or employees.
Affiliate Members observing a Policy violation by another Affiliate Member should submit a written report of the violation directly to the attention of the Unit of Prosperity Compliance department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
Should you choose to pay the enrollment fee by way of the $19 per month payment, you will be automatically charged each month with a credit or debit card maintained on file with Unit of Prosperity. The same goes for any Affiliate Member who chooses to make the annual $97 renewal fee. The Affiliate Member may make adjustments to this monthly or yearly subscription in the back office of the Unit of Prosperity website.
In order to qualify to receive commissions and bonuses, an Affiliate Membermust 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 produces one personal membership sale each month or maintains a personal membership in good standing for himself/herself. AAffiliate Member is not required to maintain a personal membership but may do so if desired for purposes of this section.
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 Unit of Prosperity in writing within 30 days of the date of the purported error or incident in question. Unit of Prosperity will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
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 Affiliate Member Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate Member or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Affiliate Members or Customers (“phantoms”); (d) purchasing Unit of Prosperity services on behalf of another Affiliate Member or Customer, or under another Affiliate Member’s or Customer’s ID number, 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.
All information provided by Unit of Prosperity, 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 Affiliate Member Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Unit of Prosperity participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, or via email to Unit of Prosperity.
Unit of Prosperity offers a 30-day satisfaction guarantee to Customers on all initial fees paid to the company. All subsequent fees are nonrefundable. An Affiliate Member has seven (7) business days by which he or she can request a refund on the initial enrollment fee. This refund request must come by way of written notice to Unit of Prosperity prior to midnight of the seventh business day from the date of the transaction. 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.
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 Unit of Prosperity business), may result, at Unit of Prosperity’s discretion, in one or more of the following corrective measures:
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 attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Nashville, Tennessee, and shall last no more than two (2) business days.
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 Nashville, Tennessee. 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 Unit of Prosperity 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 Unit of Prosperity’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.
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Tennessee. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Tennessee 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 Unit of Prosperity in their home forum and pursuant to Louisiana law.
So long as an Affiliate Member remains active and complies with the terms of the Affiliate Member Agreement and these Policies, Unit of Prosperity 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 Affiliate Member Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Affiliate Member 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 Affiliate Member Agreement, the former Affiliate Member shall not hold him or herself out as a Unit of Prosperity Affiliate Member and shall not have the right to sell Unit of Prosperity products or services. An Affiliate Member whose Affiliate Member Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Unit of Prosperity participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, or via email to Unit of Prosperity. 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.
AGREEMENT: The contract between the Company and each Affiliate Member; includes the Affiliate Member Agreement, theUnit of Prosperity Policies and Procedures, and the Unit of Prosperity Compensation Plan, all in their current form and as amended by Unit of Prosperity 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 Unit of Prosperity services and does not engage in building a business or selling the service.
AFFILIATE MEMBER: An individual who purchases product, generates sales and business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by Unit of Prosperity 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 Unit of Prosperity.
ORGANIZATION: The Customers and Affiliate Members placed below a particular Affiliate Member.
OFFICIAL Unit of Prosperity MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Unit of Prosperity to Affiliate Members.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Unit of Prosperity’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 Unit of Prosperity Affiliate Member or Customer 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 or Affiliate Members 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.