Effective March 21, 2020
SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into Independent Business Owner Agreement
1.3 Changes To The Independent Business Owner Agreement, Policies And Procedures, Or Compensation Plan
1.4 Delays
1.5 Policies And Provisions Severable
1.6 Waiver
SECTION 2 – BECOMING AN INDEPENDENT BUSINESS OWNER
2.1 Requirements To Become An IBO
2.2 New IBO Registration By Internet
2.3 IBO Benefits
2.4 Term And Renewal Of a Legacy Trade Academy Business
SECTION 3 – ACCEPTANCE OF RISK AND THE POLICY ON THE LEGACY TRADE ACADEMY INCOME DISCLAIMER
3.1 Due Diligence
3.2 Income Disclaimer
SECTION 4 – ADVERTISING
4.1 Adherence To The Legacy Trade Academy Compensation Plan
4.2 Use Of Sales Aid
4.3 Intellectual Property
4.4 Web Policy
4.5 Advertised Price
4.6 Generic Business Advertisements
4.7 Media And Media Inquiries
4.8 Unsolicited Email And Fax Communication
SECTION 5 – OPERATING A LEGACY TRADE ACADEMY BUSINESS
5.1 – Business Entities
5.1.1 Changes to a Business Entity
5.2 Unauthorized Claims And Action
5.2.1 Indemnification
5.2.2 Endorsement of Legacy Trade Academy Services
5.3 Conflicts
5.3.1 Non-Solicitations
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
5.6 Identification
5.7 Income Taxes
5.8 Independent Contractor Status
5.9 Stacking
5.10 One Legacy Trade Academy Business Per Independent Business Owner
5.11 Succession
5.12 Sale, Transfer, Or Assignment Of A Legacy Trade Academy Business
5.13 Separation Of A Legacy Trade Academy Business
5.14 Sponsoring
5.15 Genealogy Placement
5.16 Harassment
SECTION 6 – RESPONSIBILITIES OF AN INDEPENDENT BUSINESS OWNER
6.1 Change Of Address, Telephone No., Email-Address
6.2 Sponsoring IBO Responsibilities
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.3 Non-disparagement
6.4 Reporting Policy Violations
SECTION 7 – ORDERS AND TRANSACTIONS
7.1 General Order Policies
7.2 Subscription Billing
7.3 Refund Policy
7.4 Charge Backs
SECTION 8 – BONUSES AND COMMISSIONS
8.1 Bonus And Commission Qualifications
8.2 Errors Or Questions
8.3 Bonus Buying Prohibited
8.4 Reports
SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
9.2 Mediation
9.3 Arbitration
9.4 Damages
9.5 Governing Law, Jurisdiction, And Venue
SECTION 10 – EFFECT OF CANCELLATION
10.1 Effect Of Cancellation And Termination
10.2 Non-Renewal
10.3 Voluntary Termination
10.4 Involuntary Termination
SECTOIN 11 – DEFINITIONS
SECTION 1 – INTRODUCTION
1.1 – Code of Ethics
Legacy Trade Academy LLC (“Legacy Trade Academy” or “the Company”) is a values-based company that prides itself on the quality and character of its distributors (hereinafter “Independent Business Owners” or “IBOs”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every Legacy Trade Academy Independent Business Owner 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 Legacy Trade Academy-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 Legacy Trade Academy corporate officer or employee, myself, or other Independent Business Owners.
D. I will not make discouraging or disparaging claims toward other Company Independent Business Owners. I will ensure that in all Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy income to recruit a potential Independent Business Owner(s) after I have given a copy of the Income Disclaimer and Forex Disclosures to the potential Independent Business Owner(s).
G. I will abide by all of Legacy Trade Academy’s Policies & Procedures now and as they may be amended in the future.
1.2 – Policies Incorporated Into Independent Business Owner 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 Legacy Trade Academy Independent Business Owner Agreement (hereafter “Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Legacy Trade Academy Independent Business Owner Application & Agreement, these Policies, and the Legacy Trade Academy Compensation Plan. These documents are incorporated by reference into the Independent Business Owner Agreement (all in their current form and as amended by Legacy Trade Academy). It is the responsibility of each Independent Business Owner 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 Independent Business Owner, it is the responsibility of the sponsoring Independent Business Owner 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 Independent Business Owner Agreement, Policies and Procedures, or Compensation Plan
Because federal, state, and local laws, as well as the business environment, periodically change, Legacy Trade Academy 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 Legacy Trade Academy’s website, e-mail distribution, publication in Company newsletter, product inserts, or any other commercially reasonable method. The continuation of an Independent Business Owner’s Legacy Trade Academy business or an Independent Business Owner’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.
1.6 – Waiver
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 Independent Business Owner 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 Legacy Trade Academy’s right to demand exact compliance with the Agreement. Waiver by Legacy Trade Academy can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING AN INDEPENDENT BUSINESS OWNER
2.1 – Requirements to Become an IBO
To become an Independent Business Owner of Legacy Trade Academy, 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 Legacy Trade Academy
C. Have a valid Social Security Number or Federal Tax Identification Number;
D. Submit a properly completed and signed Independent Business Owner Agreement to Legacy Trade Academy via electronically or fax; and
E. Submit payment of a $15 non-commissionable enrollment fee.
F. Provide an e-mail address which is not already associated with another Legacy Trade Academy account.
2.2 – New IBO Registration by the Internet
A prospective Independent Business Owner may self-enroll on the sponsor’s web site. In such event, instead of a physically signed Independent Business Owner agreement, Legacy Trade Academy will accept the agreement by accepting the “electronic signature” stating the new Independent Business Owner 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. Providing false or misleading information, or forging signatures or alterations on such agreement (or on the associated registration forms) is strictly prohibited.
2.3 – IBO Benefits
Once an Independent Business Owner 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 Legacy Trade Academy services;
B. Participate in the Company Compensation Plan (receive bonuses and commissions, if eligible);
C. Sponsor other individuals as retail customers (“Customers”) or IBOs into the Legacy Trade Academy 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 Legacy Trade Academy-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.
2.4 – Terms and Renewal of a Legacy Trade Academy Business
An IBO must renew their business by submitting a monthly renewal fee of $15. This payment is due on the anniversary of the IBO’s enrollment date. If you allow your business to expire due to nonpayment of the renewal fee, you will lose any and all rights to your downline organization unless you re-activate within sixty (60) days following the expiration of your Agreement.
If a former IBO re-activates within the 60-day time limit, he or she will resume the rank and position held immediately prior to the expiration of the Agreement. However, such IBO’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The IBO is not eligible to receive commissions for the time period that this or her business was expired.
Any IBO whose agreement has expired and lapsed the 60-day grace period is not eligible to reapply for a Legacy Trade Academy business for six (6) months following the expiration of the Agreement.
Any IBO terminated by the Company whether voluntary or involuntary may not reapply to do business for six (6) months from their termination date.
SECTION 3 – INCOME DISCLAIMER POLICY
3.1 – Due Diligence
Company makes no guarantees, warranties, or representations as to the extent by which the Company’s services may affect your own independent trading. All IBOs understand and agree that the Company is not liable for any loss suffered in the facilitation, conduct and oversight of the Legacy Trade Academy 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.
Legacy Trade Academy is NOT providing investment advice as all trade signals are delivered to all participants uniformly without regard to an individual’s trade objectives, financial condition or suitability. Moreover, Legacy Trade Academy does not exercise trading authority over your trades. You and you alone exercise discretionary trading authority.
Legacy Trade Academy has some trading disclosures present on its website (https://www.tradera.org/tradingdisclosures). A copy of these Disclosures must be presented to a prospective Customer or IBO any time a Legacy Trade Academy business is discussed.
3.2 – Income Disclaimer
In an effort to conduct best business practices, Legacy Trade Academy has developed the income disclaimer (“Income Disclaimer”). The Legacy Trade Academy Income Disclaimer is designed to convey truthful, timely, and comprehensive information regarding the income that IBOs may earn. In order to accomplish this objective, a copy of the Income Disclaimer must be presented to all prospective IBOs.
A copy of the Income Disclaimer must be presented to a prospective IBO (someone who is not a party to a current Legacy Trade Academy IBO 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 Independent Business Owner earned over a million dollars last year” or “Our average ranking Independent Business Owner makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Independent Business Owners 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 IBO with a copy of the Income Disclaimer. Copies of the Income Disclaimer may be printed or downloaded without charge from the company website at https://www.tradera.org/incomedisclaimer.
SECTION 4 – ADVERTISING
4.1 – Adherence to the Legacy Trade Academy Compensation Plan
IBOs must adhere to the terms of the Legacy Trade Academy Compensation Plan as set forth in Official Company Materials. IBOs shall not offer the Legacy Trade Academy opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Company Materials. IBOs shall not require or encourage other current or prospective Customers or IBOs to participate in Legacy Trade Academy in any manner that varies from the program as set forth in Official Company Materials. IBOs shall not require or encourage other current or prospective Customers or IBOs to execute any agreement or contract other than official Company agreements and contracts in order to become an IBO of Legacy Trade Academy. Similarly, IBOs shall not require or encourage other current or prospective Customers or IBOs to make any purchase from, or payment to, any individual or other entity to participate in the Legacy Trade Academy 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 Legacy Trade Academy offers, IBOs must use the sales aids and support materials produced by the Company. If IBOs 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 a Legacy Trade Academy business. These violations, although they may be relatively few in number, could jeopardize the Legacy Trade Academy sales opportunity for all. Accordingly, IBOs 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 IBO receives specific written approval to use the material, the request shall be deemed denied. All IBOs shall safeguard and promote the good reputation of Legacy Trade Academy and its services. The marketing and promotion of Legacy Trade Academy, the Legacy Trade Academy sales opportunity, the Compensation Plan, and Legacy Trade Academy 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
Legacy Trade Academy 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 Legacy Trade Academy IBOs, without prior written authorization from the Company. Furthermore, no IBO may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another IBO without prior written consent from the named IBO. This consent must be on file with the Company Compliance Department prior to any use.
4.4 – Web Policy
If an IBO desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
A. General
It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead Customers or potential IBOs 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 Legacy Trade Academy, 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 Legacy Trade Academy Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. Legacy Trade Academy 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 Legacy Trade Academy by showing up as the sender of an email.
Examples of the improper use include but are not limited to:
LegacyTradeAcademy@msn.com; www.LegacyTradeAcademyDirect.com; www.facebook.com/LegacyTradeAcademy or derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows: facebook.com/iloveLegacyTradeAcademy; JohnJacobs@LegacyTradeAcademyIndependentBusinessOwner.net.
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of Legacy Trade Academy. 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 IBO Websites
The term Independent Business Owner Website refers to the IBO website offered by Legacy Trade Academy 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 Legacy Trade Academy services. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring, and informing the public about the Legacy Trade Academy sales opportunity provided you follow the other requirements of this agreement such as identifying yourself as an IBO of Legacy Trade Academy, 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 IBO Website or your Social Media Website.
E. Online Retailing
Approved IBO websites are intended to provide an IBO with the tools and means for generating leads, prospecting business, communicating with others, selling services, and otherwise advancing your Legacy Trade Academy business. You may not sell Legacy Trade Academy services on any other online retail store or ecommerce site, nor may you enlist or knowingly allow a third-party to sell Legacy Trade Academy services on any online retail store or ecommerce site.
Social Media Websites such as Facebook may also be used to promote your Legacy Trade Academy business. You must provide approved Legacy Trade Academy links to your IBO replicated website for sales and order processing. All online sales of Legacy Trade Academy services must take place and be produced through the IBO Replicated website (or Corporate site).
F. Banner Advertising
You may place banner advertisements on a website provided you use Legacy Trade Academy-approved templates and images. All banner advertisements must link to your IBO Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with Legacy Trade Academy services or the Legacy Trade Academy 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 Legacy Trade Academy, mission and sales opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific Legacy Trade Academy services.
Profiles you generate in any social community where you mention or discuss Legacy Trade Academy must clearly identify you as an IBO of Legacy Trade Academy 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 IBOs 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 Legacy Trade Academy. 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 IBO Website. The display URL must also be to your IBO Website and must not portray any URL that could lead the user to assume they are being led to a Legacy Trade Academy Corporate site, or be inappropriate or misleading in any way.
J. External Websites
You are allowed external websites to promote your Legacy Trade Academy business and the Legacy Trade Academy opportunity. If you wish to use an external website you must do the following:
a.) Identify yourself as an Independent Business Owner for Legacy Trade Academy.
b.) Use only the approved images and wording authorized by Legacy Trade Academy.
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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy’s sole discretion. You are encouraged to use the approved Legacy Trade Academy images that are available through the business suite.
K. Legacy Trade Academy IBO Image Mandate
When using a Social Media Website or external website it must contain:
a.) A Legacy Trade Academy Independent Business Owner Logo from the approved templates.
b.) Your Name and Title (example: Jimmy Walker, Independent Business Owner, Legacy Trade Academy).
c.) A link to your IBO Website.
Although Legacy Trade Academy brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an IBO Website, and not a Legacy Trade Academy Corporate page.
4.5 – Advertised Price
You may not advertise any of Legacy Trade Academy’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.
4.6 – 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 Legacy Trade Academy 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 IBOs.
D. Advertisements may not contain references to Legacy Trade Academy 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 Legacy Trade Academy and approved in writing prior to publication. Please direct any inquiries to the Company Compliance Department.
4.7 – Media and Media Inquiries
IBOs must not initiate any interaction with the media or attempt to respond to media inquiries regarding Legacy Trade Academy, its services, or their independent Legacy Trade Academy business. All inquiries by any type of media must be immediately referred to Legacy Trade Academy’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.
4.8 – Unsolicited Email and Fax Communication
Legacy Trade Academy does not permit IBOs 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 IBO that promotes Legacy Trade Academy, the Legacy Trade Academy 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 IBO’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 IBO receives an opt-out request from a recipient of an email, the IBO must forward the opt-out request to the Company. Legacy Trade Academy may periodically send commercial emails on behalf of IBOs. By entering into the Agreement, IBO agrees that the Company may send such emails and that the IBO’s physical and email addresses will be included in such emails as outlined above. IBOs shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, IBOs may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their Legacy Trade Academy businesses.
SECTION 5 – OPERATING A Tradera 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 IBO of Legacy Trade Academy by submitting an IBO 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”). A Legacy Trade Academy 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 IBO(s) must provide the Entity Documents to the Company. The IBO 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 Legacy Trade Academy.
5.1.1 – Changes to a Business Entity
Each IBO must immediately notify the Company of any changes to the type of business entity they utilize in operating their Legacy Trade Academy business, and the addition or removal of business associates. A Legacy Trade Academy 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 Independent Business Owner 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 Legacy Trade Academy.
5.2 – Unauthorized Claims and Action
5.2.1 – Indemnification
An IBO is fully responsible for all of his or her verbal and/or written statements made regarding Legacy Trade Academy services and the Compensation Plan, which are not expressly contained in Official Company Materials. IBOs agree to indemnify Legacy Trade Academy and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Legacy Trade Academy as a result of the IBO’s unauthorized representations or actions. This provision shall survive the cancellation of the Independent Business Owner Agreement.
5.2.2 – Endorsements of Legacy Trade Academy Services
No claims as to any services offered by Legacy Trade Academy may be made except those contained in Official Company Materials.
5.3 – Conflicts
5.3.1 – Non-solicitations
Legacy Trade Academy IBOs 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, IBOs may not directly or indirectly recruit other Legacy Trade Academy Customers / IBOs 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 IBO who is personally sponsored by the former IBO, a former IBO may not recruit any Legacy Trade Academy Customer / IBO for another Network Marketing business.
5.3.2 – Sale of Competing Goods or Services
During this agreement and for six (6) months thereafter, IBOs must not sell, or attempt to sell, any competing non-Legacy Trade Academy programs to Legacy Trade Academy Customers / IBOs. Furthermore, an IBO may not bundle Legacy Trade Academy’s services with any other services not explicitly offered by Legacy Trade Academy. Any program, product, service, or direct selling opportunity in the same generic categories as Legacy Trade Academy are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
5.3.3 – Targeting Other Direct Sellers
Should IBOs engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Legacy Trade Academy services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an IBO alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, the Company will not pay any of IBO’s defence costs or legal fees, nor will the Company indemnify the IBOs for any judgment, award, or settlement.
5.3.4 – Privacy and Confidentiality
All IBOs are required to abide by the Company’s Privacy Policy with regard to Customer/IBO information.
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 IBOs, 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 Legacy Trade Academy business, including, without limitation, IBO lists, sponsorship trees, and all IBO information generated therefrom, in its present and future forms. The Legacy Trade Academy LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. Legacy Trade Academy 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 IBOs. Through this Rule, IBOs are granted a personal, non-exclusive, non-transferable and revocable right by Legacy Trade Academy 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 IBO stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Legacy Trade Academy, such is necessary to protect the confidentiality or value of Proprietary Information. All IBOs 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 Independent Business Owner Agreement on file with the Company, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. Unethical sponsoring which includes, but is not limited to, enticing, bidding, or engaging in unhealthy competition by attempting to acquire a prospect away from another IBO is strictly prohibited. Additionally, attempting to influence another IBO to transfer to a different sponsor is strictly prohibited unless said IBO has been inactive for six (6) months as per our policies and procedures.
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 Legacy Trade Academy business in accordance with the “Sale, Transfer or Assignment of Legacy Trade Academy 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, IBOs shall not represent or imply that Legacy Trade Academy or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
5.6 – Identification
All IBOs are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to Legacy Trade Academy either on the Independent Business Owner Agreement or at the company’s request. Upon enrollment, the Company will provide a unique IBO Identification Number to the IBO 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, Legacy Trade Academy 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 IBO is responsible for paying local, state and federal taxes on any income generated as a distributor. If a Legacy Trade Academy business is tax exempt, the Federal Tax Identification Number must be provided to the Company. Any IBO 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 Legacy Trade Academy 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 Legacy Trade Academy Business or the acquisition, receipt, holding, selling, distributing or advertising of Legacy Trade Academy’s services and the sales opportunity.
IBOs may not answer the telephone by saying “Legacy Trade Academy,” “Legacy Trade Academy LLC,” or by any other manner that would lead the caller to believe that they have reached the Corporate offices. An IBO may only represent that he/she is a Legacy Trade Academy IBO. Therefore, all correspondence and business cards relating to or in connection with an IBO’s business shall contain the person’s name followed by the term “Independent Business Owner”.
5.9 – Stacking
Stacking is the unauthorized manipulation of the Legacy Trade Academy compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline IBO 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 IBOs 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 IBO’s position and the position(s) of all individuals found to be directly involved.
5.10 – One Legacy Trade Academy Business Per Independent Business Owner
An IBO may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Legacy Trade Academy business. No individual may have, operate or receive compensation from more than one Legacy Trade Academy business. Individuals of the same family unit may each enter into or have an interest in their own separate Legacy Trade Academy 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 IBO, 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 Legacy Trade Academy business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased IBO’s marketing organization provided the following qualifications are met. The successor(s) must:
• Execute an IBO Application & Agreement;
• Comply with terms and provisions of the Agreement;
• Meet all of the qualifications for the deceased IBO’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 Legacy Trade Academy 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 a Legacy Trade Academy Business
Although a Legacy Trade Academy business is a privately owned, independently operated business, the sale, transfer or assignment of a Legacy Trade Academy business is subject to certain limitations. If an IBO wishes to sell their Legacy Trade Academy business, the following criteria must be met:
A. Protection of the existing line of sponsorship must always be maintained so that the Legacy Trade Academy business continues to be operated in that line of sponsorship;
B. The buyer or transferee must become a qualified Legacy Trade Academy IBO. If the buyer is an active Legacy Trade Academy IBO, they must first terminate their Legacy Trade Academy business and wait six (6) calendar months before acquiring any interest in the new Legacy Trade Academy business;
C. Before the sale, transfer, or assignment can be finalized and approved by the Company, any debt obligations the selling IBO has with Legacy Trade Academy must be satisfied; and
D. The selling IBO 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 Legacy Trade Academy business.
Prior to selling a Legacy Trade Academy business, the selling IBO must notify the Company’s Compliance Department of their intent to sell the Legacy Trade Academy business. No changes in line of sponsorship can result from the sale or transfer of a Legacy Trade Academy business. An IBO may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.
5.13 – Separation of a Legacy Trade Academy Business
Legacy Trade Academy IBOs sometimes operate their Legacy Trade Academy 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 IBOs and the Company in a timely fashion, Legacy Trade Academy will involuntarily terminate the Independent Business Owner 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 Legacy Trade Academy 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 Legacy Trade Academy 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 IBO 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 Legacy Trade Academy 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 Independent Business Owner Agreement shall be involuntarily cancelled. If a former spouse has completely relinquished all rights in the original Legacy Trade Academy 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 IBO. In either case, however, the former spouse or business affiliate shall have no rights to any IBOs in their former organization or to any former customer. They must develop the new business in the same manner as would any other new IBO.
5.14 – Sponsoring
All Active (as defined in the Legacy Trade Academy Compensation Plan) IBOs in good standing have the right to sponsor and enroll others into Legacy Trade Academy. Each prospective Client or IBO has the ultimate right to choose his or her own Sponsor. The sponsor of an account cannot be changed once registration is complete. It is the responsibility of the sponsor to ensure that he/she has provided the correct referral information and is operating according to Legacy Trade Academy’s Policies and Procedures and IBO Agreement. Additionally, it is the responsibility of both the sponsor and the enrolling participant to ensure that the participant is enrolling with the correct sponsorship details.
5.15 – Genealogy Placement
When a new Client and/or IBO registers, they will be automatically placed in the sponsor’s holding tank. The sponsor has seven (7) days to place the new participant into the genealogy, or the system will automatically place the new participant in the next available open position in the genealogy. All genealogy placements are final, and it is the sole responsibility of the sponsor to ensure correct placement of all direct referrals.
5.16 – Harassment
Legacy Trade Academy is committed to providing IBOs with a work environment free from harassment, intimidation, and abuse from other IBOs, employees, vendors, and any other individuals in the workplace. At Legacy Trade Academy, 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. IBOs are encouraged to report any type of harassment incidents immediately. Legacy Trade Academy 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 INDEPENDENT BUSINESS OWNER
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 Legacy Trade Academy’s files are current. IBOs planning to move or change their email address must submit an amended Independent Business Owner Agreement complete with the new information.
6.2 – Sponsoring IBO Responsibilities
6.2.1 – Initial Training
Any IBO who sponsors another IBO into Legacy Trade Academy must perform a bona fide assistance and training function to ensure that their downline is properly operating their Legacy Trade Academy business. IBOs 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 IBOs before the applicant signs an IBO Application & Agreement.
6.2.2 – Ongoing Training Responsibilities
IBOs must monitor the IBOs in their downline organizations to ensure that downline IBOs do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every IBO should be able to provide documented evidence to Legacy Trade Academy of their ongoing fulfilment of the responsibilities of a Sponsor.
6.3 – Non-Disparagement
IBOs must not disparage, demean, or make negative remarks about Legacy Trade Academy, other IBOs, Legacy Trade Academy’s services, the Compensation Plan, or the Company’s owners, board members, directors, officers, or employees.
6.4 – Reporting Policy Violations
IBOs observing a Policy violation by another IBO should submit a written report of the violation directly to the attention of the Company Compliance Department (support@planbtrader.com), complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential. Upon receipt of the written report of the violation, the Company Compliance Department will open up an investigation. Due to the unique nature of each situation, the determination of the appropriate remedy by the Company Compliance Department will vary case by case as will the length of time required for resolution.
SECTION 7 – ORDERS AND TRANSACTIONS
7.1 – General Order Policies
Legacy Trade Academy strictly requires that IBO’s and Clients use their own credit or debit cards for any and all purchases made through Legacy Trade Academy. 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 Legacy Trade Academy (support@planbtrader.com).
7.2 – Subscription Billing
The program is automatically renewed each month with a credit or debit card maintained on file with Legacy Trade Academy. 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 Legacy Trade Academy website. Cancellation of any subscriptions must be done by submitting written notice to Legacy Trade Academy via support@planbtrader.com and then following the procedures provided.
7.3 – Refund Policy
A Legacy Trade Academy participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company. Legacy Trade Academy 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 Legacy Trade Academy at support@planbtrader.com 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 Legacy Trade Academy, any and all associated accounts for that IBO and/or Client will be immediately and indefinitely terminated upon Legacy Trade Academy’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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy, 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 Legacy Trade Academy business), may result, at Legacy Trade Academy’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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy.
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 Legacy Trade Academy 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 Legacy Trade Academy’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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy Compensation Plan in the twenty-four (24) months immediately preceding the termination.
In any action arising from or relating to the Agreement, the Legacy Trade Academy 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 Legacy Trade Academy 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, Legacy Trade Academy 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 Legacy Trade Academy IBO and shall not have the right to sell Legacy Trade Academy 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 Legacy Trade Academy 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
Legacy Trade Academy reserves the right to terminate a user’s account at any time for, but not limited to, violating Legacy Trade Academy’s Terms, Conditions, IBO Agreement, Policies, or Procedures. Additionally, Legacy Trade Academy reserves the right to terminate a user’s account at any time for violating any applicable law, ordinance, or regulation regarding the Legacy Trade Academy business. Legacy Trade Academy 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 Legacy Trade Academy Policies and Procedures, and the Legacy Trade Academy Compensation Plan, all in their current form and as amended by Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy 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 Legacy Trade Academy.
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 Legacy Trade Academy to its IBOs.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Legacy Trade Academy’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 Legacy Trade Academy 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.
