SECTION 7 – ORDERS AND TRANSACTIONS
7.1 - General Order Policies
Tradera strictly requires that IBO's and Clients use their own credit or debit cards for any and all purchases made through Tradera. IBO's and Clients may not use a credit or debit card with a cardholder name that does not match their account information as provided during registration unless written consent has been obtained prior from Tradera (support@Tradera.org).
7.2 - Subscription Billing
The program is automatically renewed each month with a credit or debit card maintained on file with Tradera. The subscription billing cycle is four (4) weeks, which is exactly 28 days. The IBO or Client may view their next billing date at any time in the back office of the Tradera website. Cancellation of any subscriptions must be done by submitting written notice to Tradera via support@Tradera.org and then following the procedures provided.
7.3 - Refund Policy
A Tradera participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company. Tradera offers a three-day, satisfaction guarantee on all initial fees paid to the company minus a standard $5 processing fee on the transaction. All subsequent fees are nonrefundable. When a refund is requested, the bonuses and commissions attributable to the refunded service will be deducted from the IBO 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.
7.4 - Charge Backs
If an IBO and/or Client believes that an erroneous charge has been made to his/her debit or credit card, he/she should immediately contact Tradera at support@Tradera.org to initiate an investigation and a resolution. Under no circumstances will any IBO and/or Client charge back or dispute a previously submitted subscription payment. If an IBO and/or Client notifies his/her banking institution and requests a charge back for a previously submitted subscription payment with Tradera, any and all associated accounts for that IBO and/or Client will be immediately and indefinitely terminated upon Tradera's notification of such actions.
SECTION 8 – BONUSES AND COMMISSIONS
8.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, an IBO must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An IBO will qualify to receive commissions and bonuses so long as he/she meets all qualifications pursuant to the Tradera Compensation Plan (for more information, please see that document).
8.2 - Errors or Questions
If an IBO has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the IBO must notify Tradera 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/IBO; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Customers/IBOs (“phantoms”); (d) purchasing Tradera services on behalf of another Customer/IBO 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 Tradera, 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 IBO 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).
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 IBO 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 IBO’s Tradera business), may result, at Tradera’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the IBO 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 IBO all or part of the IBO’s bonuses and commissions during the period that Tradera is investigating any conduct allegedly contrary to the Agreement. If an IBO’s business is cancelled for disciplinary reasons, the IBO will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual’s IBO’s Agreement for one or more pay periods;
• Involuntary termination of the offender’s Independent Business Owner Agreement;
• Any other measure expressly allowed within any provision of the Agreement or which Tradera deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IBO’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 Tradera.
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 Dallas, Texas, 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. IBOs waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Dallas, Texas. 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 Tradera 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 Tradera’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 Independent Business Owner’s Tradera business, the Company and IBO agree that damages will be extremely difficult to ascertain. Therefore, the Company and IBO stipulate that if the involuntary termination of the Agreement and/or loss of the Independent Business Owner’s Tradera business is proven and held to be wrongful under any theory of law, the IBO’s sole remedy shall be liquidated damages calculated as follows:
For Independent Business Owners earning an average of more than $500 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 Tradera Compensation Plan in the twelve (12) months immediately preceding the termination.
For Independent Business Owners earning an average of more than $2500 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 Tradera Compensation Plan in the twenty-four (24) months immediately preceding the termination.
In any action arising from or relating to the Agreement, the Tradera business, or the relationship between the Company and IBO, 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 IBO 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 Dallas, Texas. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Texas 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 Tradera 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 IBO remains active and complies with the terms of the Agreement and these Policies, Tradera shall pay commissions to such IBO in accordance with the Compensation Plan. An IBO’s bonuses and commissions constitute the entire consideration for the IBO’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following an IBO’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 IBO 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. IBOs waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following an IBO’s cancellation of his or her Agreement, the former IBO shall not hold him or herself out as a Tradera IBO and shall not have the right to sell Tradera services. An IBO 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).
10.2 - Non-Renewal
An IBO may also voluntarily cancel their Independent Business Owner Agreement by failing to pay the renewal fee. IBOs have a 60-day grace period to get back into compliance for failure to pay the administrative fee.
10.3 - Voluntary Termination
A Tradera 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 IBO’s signature, printed name, address, and IBO ID Number.
10.4 - Involuntary Termination
Tradera reserves the right to terminate a user's account at any time for, but not limited to, violating Tradera's Terms, Conditions, IBO Agreement, Policies, or Procedures. Additionally, Tradera reserves the right to terminate a user's account at any time for violating any applicable law, ordinance, or regulation regarding the Tradera business. Tradera will notify a user via written, electronic mail with a notice of an intent to terminate an account when applicable which will include the reasons for termination.
SECTION 11 – DEFINITIONS
AGREEMENT: The contract between the Company and each IBO, which includes: the Independent Business Owner Application & Agreement, the Tradera Policies and Procedures, and the Tradera Compensation Plan, all in their current form and as amended by Tradera in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an IBO’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how IBOs can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Tradera services and does not engage in building a business or selling the service.
INDEPENDENT BUSINESS OWNER (IBO): An individual who purchases product, generates sales and business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by Tradera that provides critical data relating to the identities of IBOs, sales information, and enrollment activity of each IBO’s organization. This report contains confidential and trade secret information which is proprietary to Tradera.
ORGANIZATION: The Customers and IBOs placed below a particular Independent Business Owner.
OFFICIAL COMPANY MATERIALS: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Tradera to its IBOs.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Tradera’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 Tradera Customer or IBO to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: An IBO who enrolls a Customer or another IBO into the Company, and is listed as the Sponsor on the Independent Business Owner Agreement. The act of enrolling others and training them to become IBOs is called “sponsoring.”
UPLINE: This term refers to the IBO(s) above a particular IBO in a sponsorship line up to the Company. It is the line of sponsors that links any particular IBO to the Company.