Terms and Conditions
UNTHINK Retirement™
STATEMENT OF POLICIES
Effective November 18th, 2024
SECTION 1 – CORPORATE MISSION STATEMENT
UNTHINK Retirement™ is a professional organization dedicated to providing unique and effective ways for developing true, long-term financial success. We are committed to teaching and living principles of service, integrity and leadership by example. We place the satisfaction of our clients and the success of our Partners at the top of our priority list.
UNTHINK Retirement™ provides a one-of-a-kind opportunity to build generational wealth by teaching people how to increase financial returns, reduce personal risk, and generate residual income. It is with great anticipation of your success that we present you with this Statement of Policies and Procedures and urge you to follow it completely.
SECTION 2 – INTRODUCTION
2.1 Policies and Compensation Plan Incorporated into Partner Agreement
This Statement of Policies, in its present form and as amended at the sole discretion of UNTHINK Retirement™ (hereafter, “UNTHINK Retirement™” or the “Company”), is incorporated into, and forms an integral part of, the UNTHINK Retirement™ Independent Partner Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the UNTHINK Retirement’s Partner Application and Agreement, Statement of Policies, UNTHINK Retirement’s Marketing and Compensation Plan, and the UNTHINK Retirement™ Business Entity Registration form (if applicable). These documents are incorporated by reference into the UNTHINK Retirement™ Independent Partner Agreement (all in their current form and as amended by UNTHINK Retirement™). It is the responsibility of each UNTHINK Retirement™ Independent Partner (hereafter “Partner”) to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of this Statement of Policies. When sponsoring or enrolling a new Partner, it is the responsibility of the Sponsoring Partner to ensure that the applicant is provided with, or has online access to, the most current version of this Statement of Policies and the UNTHINK Retirement™ Marketing and Compensation Plan prior to his or her execution of the Independent Partner Agreement.
2.2 Purpose of Policies
UNTHINK Retirement™ is a direct sales company that markets its products through Independent Partners. Your success and the success of your fellow Partners depend on the integrity of the men and women who market UNTHINK Retirement™ products. To clearly define the relationship that exists between the Partner and UNTHINK Retirement™, and to set a standard for acceptable business conduct, UNTHINK Retirement™ has established this Agreement. UNTHINK Retirement™ Partners are required to comply with all of the Terms and Conditions set forth in the Agreement, as well as all federal, state, and local laws governing their UNTHINK Retirement™ business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is important that you read and abide by the Agreement. Please carefully review the information in this Statement of Policies. It sets forth the respective duties, responsibilities, and obligations governing the relationship between you, as the Independent Partner, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from UNTHINK Retirement™. Your best interests are always served by seeking the advice of your attorney when you have questions regarding your particular situation.
2.3 Modifications to the Agreement
To maintain a viable business and to comply with governing federal, state, and local laws, and economic conditions, UNTHINK Retirement™ reserves the right to amend the Agreement and its prices at its sole and absolute discretion. Such modifications shall be immediately binding upon notice of any such modifications. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) inclusion in Company periodicals; (4) inclusion in product orders or bonus checks; and/or (5) special mailings. By signing the Partner Agreement, a Partner agrees to abide by all amendments or modifications that UNTHINK Retirement™ elects to make. The continuation of a Partner’s UNTHINK Retirement™ business or a Partner’s acceptance of bonuses or commissions also constitutes acceptance of any and all amendments.
2.4 Delays
UNTHINK Retirement™ shall not be responsible for processing or shipping delays or for 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, death, curtailment of a party’s source of supply, or government decrees or orders.
2.5 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. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
2.6 Waiver
The Company never gives up its right to insist on compliance with the Agreement and all applicable laws governing the conduct of a business. Failure by UNTHINK Retirement™ to exercise any right or power under the Agreement or to insist upon strict compliance by a Partner with any obligation or provision of the Agreement shall not constitute a waiver of UNTHINK Retirement’s right to demand exact compliance with the Agreement. Nor shall any custom or practice of the parties that is at variance with the terms of the Agreement constitute a waiver. Waiver by UNTHINK Retirement™ of any violation of any provision of the Agreement can be effectuated only in writing by an authorized officer of the Company. UNTHINK Retirement’s waiver of any particular breach by a Partner shall not affect or impair UNTHINK Retirement’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Partner. Nor shall any delay or omission by UNTHINK Retirement™ to exercise any right arising from a breach affect or impair UNTHINK Retirement’s rights as to that or any subsequent breach. The existence of any claim or cause of action of a Partner against UNTHINK Retirement™ shall not constitute a defense to UNTHINK Retirement’s enforcement of any term or provision of the agreement.
2.7 Partner Waiver
Upon request, I understand that I may grant permission to UNTHINK Retirement™ to use my own image, voice, and likeness in any television broadcast, photograph, video, internet site, audio-recording, and in any and all of its publications, including website entries and social media (collectively, “promotional materials”) without payment or any other consideration. I understand and agree that these promotional materials will become the property of UNTHINK Retirement™ and all other associated legal entities and will not be returned. If granted, I hereby irrevocably authorize UNTHINK Retirement™ to edit, alter, copy, exhibit, publish, or distribute my own image, voice, or likeness for purposes of publicizing or promoting the UNTHINK Retirement™ products, programs, income opportunity, or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my own likeness or voice appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the promotional materials. I hereby hold harmless and release and forever discharge UNTHINK Retirement™ from all claims, demands, and causes of action which I, my heirs, Partners, executors, administrators, or any other persons acting on my behalf, my child’s behalf, or on behalf of my estate have or may have by reason of this authorization.
SECTION 3 – BECOMING AN INDEPENDENT PARTNER
Partners are independent contractors of the Company granted a non-exclusive authorization to sell UNTHINK Retirement™ products in accordance with the terms and conditions set forth by the Company. Acceptance by the Company of a Partner Application does not constitute the sale of a franchise or distributorship. A fee will provide applicants with a Starter Kit, including a website, debit card, and back office, which includes essential information for conducting business in an efficient and ethical manner.
3.1 Independent Contractor Status
Partners are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between UNTHINK Retirement™ and its Partners does not create an employer/employee relationship, partnership, or joint venture between the Company and the Partner. The Partner shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Partners are responsible for paying local, state, and federal taxes due from all compensation earned as a Partner of the Company. The Partner has no authority (expressed or implied), to bind the Company to any obligation. Each Partner shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Partner Agreement, this Statement of Policy, and applicable laws.
3.2 Application Requirements
To become an UNTHINK Retirement™ Partner, each applicant must:
a) Be of contractual age (usually 18) in the jurisdiction in which they reside;
b) Reside in the United States or U.S. Territories or country that UNTHINK Retirement™ has officially announced is open for business;
c) Provide a valid Social Security, required by federal law for income reporting purposes;
3) Accurately complete and submit a Partner Application and Agreement to UNTHINK Retirement™, either in hard copy or online format.
3.3 Applying as a Business Entity
A corporation, limited liability company (LLC), partnership, or trust (collectively referred to in this section as a “Business Entity”) may apply to be an UNTHINK Retirement™ Partner by submitting its Certificate of Incorporation, Partnership Agreement, or trust documents (these documents are collectively referred to as the “Entity Documents”) to UNTHINK Retirement™, along with a properly completed Business Entity Registration form. An UNTHINK Retirement™ business may change its status under the same sponsor from an individual to a business entity or from one type of entity to another. To be considered, the Business Entity Registration form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and separately liable for any indebtedness or other obligation to UNTHINK Retirement™. To prevent the circumvention of Section 4.25 (regarding transfers and assignments of UNTHINK Retirement™ business), if an additional partner, shareholder, member, or other business entity Partner is added to a business entity, the original applicant must remain as a party to the original Partner Application and Agreement. If the original Partner wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with Section 4.25. If this process is not followed, the business shall be canceled upon the withdrawal of the original Partner. All bonus and commission checks will be sent to the address of record of the original Partner. Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 4.5. UNTHINK Retirement™ may, at its discretion, require notarized documents before implementing any changes to an UNTHINK Retirement™ business. Please allow thirty (30) days after the receipt of the request by UNTHINK Retirement™ for processing.
3.4 Partner Benefits
Once a Partner Application and Agreement has been accepted by UNTHINK Retirement™, the benefits of the Marketing and Compensation Plan and the Partner Agreement are available to the new Partner. These benefits include the right to:
a) Sell the UNTHINK Retirement™ subscription and other products services offered by UNTHINK Retirement™;
b) Participate in the UNTHINK Retirement™ Marketing and Compensation Plan (receive commissions and bonuses, if eligible);
c) Sponsor Partners in the UNTHINK Retirement™ business and sell to others as Customers or Preferred Customers, and thereby build a sales and marketing organization and progress through the UNTHINK Retirement™ Marketing and Compensation Plan;
d) Receive periodic UNTHINK Retirement™ literature and other UNTHINK Retirement™ communications;
e) Participate in UNTHINK Retirement-sponsored support, training, and motivational and recognition functions upon payment of appropriate charges, if applicable; and
f) Participate in promotional and incentive contests and programs sponsored by UNTHINK Retirement™ for its Partners.
3.5 Partner
A person may join UNTHINK Retirement™ as a Partner. Partners have full access to the UNTHINK Retirement™ subscription and may market any products or services offered by UNTHINK Retirement™. Fees paid prior are non-refundable.
3.6 Term and Renewal of Your UNTHINK Retirement™ Business
The term of the Partner Agreement renews monthly from the date of its acceptance by UNTHINK Retirement™ (subject to reclassification pursuant to Section 11). In order for a Partner to continue receiving referral fees, commissions, overrides, and bonuses, said Partner must maintain active status. If a Partner is considered inactive for any other reason (see 3.7 below), the Partner’s website will be removed and said Partner immediately forfeits any future referral fees, commissions, overrides, and bonuses.
3.7 Active Status
Active status is generally defined as paying the monthly subscription fee. If a Partner fails to pay the monthly fee, UNTHINK Retirement™ will make 4 attempts to process the fee (spread out over 2 weeks). Upon the 4th failed attempt, the Partner’s account is automatically terminated.
SECTION 4 – OPERATING AN UNTHINK Retirement™ BUSINESS
4.1 Adherence to the UNTHINK Retirement™ Marketing and Compensation Plan
Partner shall adhere to the terms of the UNTHINK Retirement™ Marketing and Compensation Plan, as set forth in official UNTHINK Retirement™ literature, and shall refrain from offering the UNTHINK Retirement™ opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official UNTHINK Retirement™ literature, unless otherwise approved by the company. Partner shall not require or encourage other current or prospective Customers, Preferred Customers, or Partners to participate in UNTHINK Retirement™ in any manner that varies from the program as set forth in official UNTHINK Retirement™ literature. Partner shall not require or encourage other current or prospective Customers, Preferred Customers, or Partners to execute any agreement or contract other than official UNTHINK Retirement™ agreements and contracts to become an UNTHINK Retirement™ Partner. Similarly, Partner shall not require or encourage other current or prospective Customers, Preferred Customers, or Partners to make any purchase from, or payment to, any individual or other entity to participate in the UNTHINK Retirement™ Marketing and Compensation Plan, other than those purchases or payments identified as recommended or required in official UNTHINK Retirement™ literature.
4.2 Advertising
4.2.1 General
All Partners shall safeguard and promote the good reputation of UNTHINK Retirement™ and its products. The marketing and promotion of UNTHINK Retirement™, the UNTHINK Retirement™ opportunity, the Marketing and Compensation Plan, and UNTHINK Retirement™ products shall be consistent with the public interest and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices. To promote both the products and the tremendous opportunity UNTHINK Retirement™ offers, Partner shall use the sales tools and support materials produced by UNTHINK Retirement™. The rationale behind this requirement is simple. UNTHINK Retirement™ has carefully designed its products, product labels, Marketing and Compensation Plan, and promotional materials to ensure that each aspect of UNTHINK Retirement™ is fair, truthful, substantiated, and complies with the vast and complex legal requirements of federal, state and local laws.
If UNTHINK Retirement™ Partners were allowed to develop their own sales tools and promotional materials notwithstanding their integrity and good intentions, the likelihood that they would unintentionally violate any number of statutes or regulations affecting UNTHINK Retirement™ is almost certain. These violations, although they may be relatively a few in number, would jeopardize the UNTHINK Retirement™ opportunity for all Partners. Accordingly, Partner may only use literature, advertisements, sales tools, and promotional materials created by the Company.
However, on a case-by-case basis, UNTHINK Retirement™ holds the right to make an exception to the rule under the following circumstances. Partners who a. have been with the company for a minimum of 12 months and b. have referred a minimum of 10 Partners may create and publish their own marketing materials, advertising materials, and/or other sales aids provided these are submitted to the company for pre-approval before they can be used or made public. All independently produced material must display the UNTHINK Retirement™ Independent Partner logo. A “Reviewed by UR” sticker may be issued by the Company upon review and may be required to be displayed along with the logo in a prominent position on all marketing promotions. The Partner must receive specific written approval to use the “Reviewed by UR” sticker, or the request shall be deemed denied. UNTHINK Retirement™ may allow Partners (as defined above) to sell independently produced sales aids to other UNTHINK Retirement™ Partners on their sales team. Therefore, Partners who receive authorization from UNTHINK Retirement™ to produce their own sales aids will work with the Compliance Department to sell such. Partners may make approved material available to their personally enrolled Agency organization free of charge if they wish, but may not charge other UNTHINK Retirement™ Partners for the material. UNTHINK Retirement™ further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and Partners waive all claims for damages or remuneration arising from or relating to such rescission.
4.2.2 Partner Websites & Social Media Sites
If Partner wishes to utilize an internet web page or social media site to promote his or her business, he or she may do so through the Company’s official electronic marketing system, using official UNTHINK Retirement™ templates. Alternatively, Partner may develop his/her own web pages or sites. However, any Partner who does so (a) must use the text of the Company’s official website; (b) may not supplement the content of his or her sites with text from any source other than the Company, and (c) must be a Qualified Partner. Partner web pages or websites may not contain the phrase “As Seen on TV” or have any verbiage regarding infomercials. Qualified Partners who develop or publish their own websites must register their site(s) with the Company and receive written approval from the Company prior to its public availability. If Partner wishes to register their website with UNTHINK Retirement™, they must pay a $50 review fee. This review fee must be paid on an annual basis and is non-refundable, even if the subject site is not approved for registration. If the renewal fee is not paid, prior approval of the site may be withdrawn. UNTHINK Retirement™ reserves the right to refuse to register or to revoke the registration of any Partner-developed site that does not comply with the above requirements or otherwise violates any provision of this Statement of Policies. In the event a Partner-developed site is approved for registration by UNTHINK Retirement™, the Company will supply Partner an “UNTHINK Retirement™ Reviewed” site logo for use on the approved website homepage for one year. If a Partner already has a website for another company, Partner may add a link to his/her current site that simply points to the UNTHINK Retirement™ official website.
4.2.3 Blogs, Chat Rooms, Social Networks, Online Auctions, & Other Online Forums
When participating in online blogs, chat rooms, social networks, or any other online forum, Partner agrees that they shall not promote or make claims about the UNTHINK Retirement™ opportunity or UNTHINK Retirement™ products, unless such claims and promotions are in compliance with the requirements of Sections 4.6.2 and 4.6.3 below. The sale or advertisement of UNTHINK Retirement™ products in any online auction sites is strictly prohibited.
4.2.4 Domain Names
Partner may not use or attempt to register any of UNTHINK Retirement’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any internet domain name. A Partner wishing to use personal domain names to market their UNTHINK Retirement™ business may do so, provided the domain name has been approved by the Company and the domain points directly to the Partner’s replicating UNTHINK Retirement™ website.
4.2.5 Search Engine Marketing
A Partner wishing to engage in search engine marketing to drive traffic to their approved Partner websites (see Section 4.2.2) may do so, provided they do not use any of the Company’s tradenames or trademarks as search terms or key words. Nor may any deceptive terms such as “direct site,” “official site,” “official UNTHINK Retirement™ website,” etc., appear in any sponsored links or ads of Partner that are displayed on any search result page. Neither Partner website pages nor the sponsored links or ads of Partner that are displayed on any search result page may contain the phrase “As Seen on TV.”
4.2.6 Trademarks and Copyrights
UNTHINK Retirement™ will not allow the use of its trade names, trademarks, designs, or symbols by any person, including UNTHINK Retirement™ Partner, without its prior written permission. Partners may use only the Independent UNTHINK Retirement™ Partner logo developed for them by the Company.
Partner may not produce for sale or distribution any recorded Company events and speeches without written permission from UNTHINK Retirement™. Nor may Partner reproduce for sale or for personal use any recording of Company-produced audio or videotape presentations.
4.2.7 Media and Media Inquiries
Partner must not attempt to respond to media inquiries regarding UNTHINK Retirement™, its products, or their independent UNTHINK Retirement™ business. All inquiries by any type of media must be immediately referred to UNTHINK Retirement’s Marketing Department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.2.8 Telemarketing
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although UNTHINK Retirement™ does not consider Partners to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing,” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $25,000.00 per violation). Therefore, Partners must not engage in telemarketing in the operation of their UNTHINK Retirement™ businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of an UNTHINK Retirement™ product, or to recruit them for the UNTHINK Retirement™ opportunity. “Cold calls” made to prospective customers or Partner that promotes either UNTHINK Retirement’s products or the UNTHINK Retirement™ opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Partner (a “prospect”) is permissible under the following situations:
a) Partner has an established business relationship with the prospect. An “established business relationship” is a relationship between a Partner and a prospect based on the prospect’s purchase, rental, or lease of goods or services from Partner, or a financial transaction between the prospect and Partner, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect’s purchase of a product or service. b) The prospect’s personal inquiry or application regarding a product or service offered by Partner, within the three (3) months immediately preceding the date of such a call. c) Partner receives written and signed permission from the prospect authorizing the Partner to call. The authorization must specify the telephone number(s) that Partner is authorized to call. d) Partner may call his/her family members, personal friends, and acquaintances. An “acquaintance” is someone with whom Partner has at least a recent, first-hand relationship within the preceding three (3) months. Bear in mind, however, that if Partner engages in “card collecting” with everyone Partner meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if Partner engages in calling “acquaintances,” he/she must make such calls on an occasional basis only and not make this a routine practice. In addition, Partner shall not use automatic telephone dialing systems relative to the operation of their UNTHINK Retirement™ businesses. The term “automatic telephone dialing system” means equipment that has the capacity (a) to store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers. By submitting a Partner Agreement to UNTHINK Retirement™, applicants and Partners grant permission to UNTHINK Retirement™ to contact them by telephone, email, and/or fax to promote the sale of UNTHINK Retirement™ products and to promote the UNTHINK Retirement™ opportunity.
4.2.9 Unsolicited Email
UNTHINK Retirement™ does not permit Partner to send unsolicited commercial emails, unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by a Partner that promotes UNTHINK Retirement™, the UNTHINK Retirement™ opportunity, or UNTHINK Retirement™ products must comply with the following:
a) The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
b) The use of deceptive subject lines and/or false header information is prohibited.
c) The email must include the Partner’s physical mailing address.
d) There must be a functioning return email address to the sender.
e) There must be a functioning opt-out notice in the email that advises the recipient that he or she may reply to the email, via the return email address, to request that future email solicitations or correspondence not be sent to him or her.
f) All opt-out requests, whether received by email or regular mail, must be honored. If a Partner receives an opt-out request from a recipient of an email, the Partner must forward the opt-out request to the Company. UNTHINK Retirement™ may periodically send commercial emails on behalf of Partners. By entering into the Partner Agreement, Partner agrees that the Company may send such emails and that Partner’s email address will be included in such emails, as outlined above. Partner shall honor opt-out requests generated as a result of such emails sent by the Company.
4.2.10 Unsolicited Faxes
Except as provided in this section, Partner may not use or transmit unsolicited faxes or use an automatic telephone dialing system in relating to the operation of their UNTHINK Retirement™ businesses. The term “automatic telephone dialing system” means equipment that has the capacity (a) to store or produce telephone numbers to be called, using a random or sequential number generator, and (b) to dial such numbers. The term “unsolicited faxes” means the transmission via telephone facsimile of any material or information advertising or promoting UNTHINK Retirement™, its products, its Compensation Plan, or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax or e-mail (a) to any person with that person’s prior express invitation or permission, or (b) to any person with whom Partner has an established business or personal relationship. The term “established business or personal relationship” means a prior or existing relationship formed by a voluntary two-way communication between Partner and a person, on the basis of (a) an inquiry, application, purchase, or transaction by the person regarding products offered by such Partner, or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
4.3 Bonus Buying Prohibited
UNTHINK Retirement™ strictly and absolutely prohibits bonus buying. “Bonus buying” includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Partner Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Partner or Preferred Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Partners or Preferred Customers (“phantoms”); (d) purchasing UNTHINK Retirement™ products on behalf of another Partner or Preferred Customer, or under another Partner’s or Preferred Customer’s I.D. number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that are not driven by bona fide product purchases by end-user consumers.
4.4 Changes to a Business Entity
Each Partner must immediately notify UNTHINK Retirement™ of all changes to the type of business entity they utilize in operating their businesses and the addition or removal of business associates. Changes shall be processed immediately by UNTHINK Retirement™ Partner Support upon reception of the appropriate forms.
4.5 Change of Sponsor
Maintaining the integrity of sponsorship is vital for the success of every Partner and marketing organization. Accordingly, the request to transfer an UNTHINK Retirement™ business from one Sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the Compliance Department and must include the reason for the transfer. An exception is in the event of compression where the sponsor of a Partner is automatically changed. In this case, an email or phone call with the reason for the transfer is sufficient. Any such requests are subject to approval by UNTHINK Retirement™. Such changes must receive final approval from UNTHINK Retirement™, and the effects of sponsorship changes shall only apply to future qualifications and commission computations, which shall only take effect once UNTHINK Retirement™ has approved and processed the changes. In no event shall commissions be adjusted retroactively, and only one change in sponsorship is allowed in the event that UNTHINK Retirement™ grants approval.
4.5.1 Misplacement
A request for change of placement must be submitted within 48 hours of enrollment and must be requested by the current listed Placement Upline. A Partner can only be moved inside the same Sponsor’s organization. If approved, a Partner will be placed in the first available open, bottom position on the date that the change is made. A Partner who has earned a commission or achieved rank is not eligible for placement changes. Please note that decisions made for any change request – Sponsor or placement – are at the sole discretion of the Company.
4.5.1.1 Placement by Company
When enrollments are done through the Company call center, the Partner understands that the new enrollee will be placed inside a company-wide matrix. The Partner will maintain direct sponsorship for qualification and bonus purposes; however, the new enrollee may be placed in any of the five (5) levels beneath the direct sponsor/Partner. The Company may also place new enrollees that have enrolled through a Partner’s website with verbal permission from the Partner.
4.5.2 Cancellation and Re-application
A Partner may legitimately change organizations by voluntarily canceling his or her UNTHINK Retirement™ business and remaining inactive (i.e., no purchases of UNTHINK Retirement™ products for resale, no sales of UNTHINK Retirement™ products, no sponsoring, no attendance of any UNTHINK Retirement™ functions, participation in any other form of Partner activity, or operation of any other UNTHINK Retirement™ business) for six (6) full calendar months. Following the six-month period of inactivity, the former Partner may reapply under a new Sponsor; however, the former Partner’s Agency will remain in their original line of sponsorship. UNTHINK Retirement™ will consider waiving the six-month waiting period only under exceptional circumstances. Such requests for waiver must be submitted to UNTHINK Retirement™ in writing.
4.6 Unauthorized Claims and Actions
4.6.1 Indemnification
A Partner is fully responsible for all of his or her verbal and written statements made regarding UNTHINK Retirement™ products and the Marketing and Compensation Plan that are not expressly contained in official UNTHINK Retirement™ materials. Partner agrees to indemnify UNTHINK Retirement™ and UNTHINK Retirement’s directors, officers, employees, and Partners, and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by UNTHINK Retirement™ as a result of the Partner’s unauthorized representations or actions that violate any of UNTHINK Retirement’s Policies and Procedures. This provision shall survive the termination of the Partner Agreement.
4.6.2 Product Claims
Except for information contained in official UNTHINK Retirement™ literature, Partner may not make any claims (which include personal testimonials) as to any therapeutic, curative, or beneficial properties of any products offered by UNTHINK Retirement™. In particular, no Partner may make any claim that UNTHINK Retirement™ products are useful in the cure, treatment, diagnosis, mitigation, or prevention of any diseases. Such statements can be perceived as guarantees or for future products that the Company may carry. Not only do such claims violate UNTHINK Retirement™ policies, but they potentially violate federal, state and local laws and regulations.
4.6.3 Income Claims
In their enthusiasm to enroll prospective Partners, some Partners are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because a new Partner may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. At UNTHINK Retirement™, we firmly believe that the UNTHINK Retirement™ income potential is great enough to be highly attractive without reporting the earnings of others. As in any business, this business will take hard work and consistent effort over a substantial amount of time. Moreover, the Federal Trade Commission and several states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Partners may believe it beneficial to provide copies of checks or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact UNTHINK Retirement™, as well as the Partner making the claim, unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because UNTHINK Retirement™ Partners do not have the data necessary to comply with the legal requirements for making income claims, a Partner, presenting or discussing the UNTHINK Retirement™ opportunity or Marketing and Compensation Plan to a prospective Partner, may not make income projections, income claims, or disclose his or her UNTHINK Retirement™ income (including the showing of checks, copies of checks, bank statements, or tax records).
4.7 Commercial Outlets
Partner may not sell UNTHINK Retirement™ products from a national chain or national commercial outlets. National outlets are defined as companies that have more than five locations. Partners may not display or sell UNTHINK Retirement™ products in any retail establishments that have more than five locations. Display of UNTHINK Retirement™ literature and products is permitted in service-oriented establishments that function by appointment only or provide opportunity for one-on-one interaction with the prospect or customer.
4.8 Trade Shows, Expositions and Other Sales Forums
Partner may display and/or sell UNTHINK Retirement™ products at trade shows and professional expositions. UNTHINK Retirement™ does not restrict the number of Partners at any given event or trade show. However, it is expected that each Partner use judgment in determining the appropriate number of participants at any given event. In addition to limiting the number of participants at any given event, UNTHINK Retirement™ expects Partner to work in cooperation with other UNTHINK Retirement™ Partners and to maintain a positive presentation of the Company. Partner is expected to be considerate, to follow all Policies and Procedures as outlined in this Statement of Polices, and to refrain from disparaging comments about other UNTHINK Retirement™ Partners in order to obtain future customers and prospects. UNTHINK Retirement™ reserves the right to refuse Partner’s participation at any function that it does not deem a suitable forum for the promotion of its products or the UNTHINK Retirement™ opportunity.
4.9 Conflicts of Interest
4.9.1 Non-solicitation
UNTHINK Retirement™ Partners are free to participate in other companies, including multilevel or network marketing business ventures or marketing opportunities (collectively, “network marketing”). However, during the term of this Agreement, Partner may not directly or indirectly recruit other UNTHINK Retirement™ Partners or Preferred Customers for any other network marketing business. Following the cancellation of a Partner’s Independent Partner Agreement, and for a period of six calendar months thereafter, with the exception of a Partner who is personally sponsored by a former Partner, a former Partner may not recruit any UNTHINK Retirement™ Partner or Preferred Customer for another network marketing business. Partner and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed globally and business that is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Partner and UNTHINK Retirement™ agree that this non-solicitation provision shall apply to all markets in which UNTHINK Retirement™ conducts business. The term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another UNTHINK Retirement™ Partner or Preferred Customer to enroll or participate in, and/or explain another multilevel marketing, network marketing, or direct sales opportunity. The conduct described in the preceding sentence constitutes recruiting, even if Partner’s actions are in response to an inquiry made by another Partner or a Preferred Customer.
4.9.2 Partner Participation in Other Direct Selling Programs
If Partner is engaged in other non-UNTHINK Retirement™ direct-selling programs, it is the responsibility of Partner to ensure that his/her UNTHINK Retirement™ business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
a) Partner shall not display UNTHINK Retirement™ promotional material, sales aids, or products with or in the same location (physical or virtual) as any non- UNTHINK Retirement™ promotional material or sales aids, products, or services.
b) Partner shall not offer the UNTHINK Retirement™ opportunity or products to prospective or existing Preferred Customers or Partners in conjunction with any non-UNTHINK Retirement™ program, opportunity, product, or service.
c) Partner may not offer any non- UNTHINK Retirement™ opportunity, products, services, or opportunity at any UNTHINK Retirement™-related meeting, seminar or convention, or within two hours of any UNTHINK Retirement™ event. If the UNTHINK Retirement™ meeting is held telephonically or on the internet, any non-UNTHINK Retirement™ meeting must be at least two hours before or after the UNTHINK Retirement™ meeting and on a different conference telephone number or internet web address from the UNTHINK Retirement™ meeting.
4.9.3 Agency Activity (Genealogy) Reports
Agency Activity Reports are available for Partner access and viewing at UNTHINK Retirement’s official website. Partner access to their Agency Activity Reports is password protected. All Agency Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to UNTHINK Retirement™. Agency Activity Reports are provided to Partner in strictest confidence and are made available to Partner for the sole purpose of assisting Partner in working with their respective Agency organizations in the development of their UNTHINK Retirement™ business. Partner should use their Agency Activity Reports to assist, motivate, and train Partners within their Agency. The Partner and UNTHINK Retirement™ agree that, but for this agreement of confidentiality and nondisclosure, UNTHINK Retirement™ would not provide Agency Activity Reports to the Partner. A Partner shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation, or other entity:
a) Directly or indirectly disclose any information contained in any Agency Activity Report to any third party;
b) Directly or indirectly disclose the password or other access code to his or her Agency Activity Report;
c) Use the information to compete with UNTHINK Retirement™ or for any purpose other than promoting his or her UNTHINK Retirement™ business; and/or
d) Recruit or solicit any Partner or Preferred Customer of UNTHINK Retirement™ listed on any report or in any manner attempt to influence or induce any Partner or Preferred Customer of UNTHINK Retirement™ to alter their business relationship with UNTHINK Retirement™. Upon demand by the Company, any current or former Partner will return the original and all copies of Agency Activity Reports to the Company.
4.9.4 Leads Received from UNTHINK Retirement™
UNTHINK Retirement™ may develop a lead generation program whereby the Company acquires leads of prospective Customers and Partners and sells or otherwise distributes them to qualified Partners. When a Partner receives or purchases any such lead from the Company, the Partner agrees that he or she shall use such lead solely for the purpose of promoting the UNTHINK Retirement™ products and opportunity to the prospective Customer or Partner. The Partner further agrees that s/he shall not use the information contained in the lead to promote any non-UNTHINK Retirement™ product, service, or opportunity. If at any time the Partner is no longer actively training and supporting their Agency, or they are actively promoting another Direct Sales or Network Marketing company and the company lead requests to be transferred to a sponsor that will support them, Partner agrees to allow them and their immediate Partners to be transferred to a new sponsor.
4.10 Targeting Other Direct Sellers
UNTHINK Retirement™ does not condone Partners specifically or consciously targeting the sales force of another direct sales company to sell UNTHINK Retirement™ products or to become a Partner for UNTHINK Retirement™, nor does UNTHINK Retirement™ condone Partner solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should Partner engage in such activity, they bear the risk of being sued by the other direct sales companies. If any lawsuit, arbitration, or mediation is brought against a Partner alleging that s/he engaged in inappropriate recruiting activity of a company’s sales force or customers, UNTHINK Retirement™ will not pay any of Partner’s defense costs or legal fees, nor will UNTHINK Retirement™ indemnify the Partner for any judgment, award, or settlement.
4.11 Cross Sponsoring
Actual or attempted cross sponsoring is strictly prohibited. “Cross sponsoring” is defined as the enrollment of an individual who or entity that already has a current Preferred Customer or Partner Agreement on file with UNTHINK Retirement™, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, fictitious ID numbers, any straw-man, or other artifice to circumvent this policy is prohibited. Partner shall not demean, discredit, or defame other UNTHINK Retirement™ Partner in an attempt to entice another Partner to become part of the first Partner’s marketing organization. This policy shall not prohibit the transfer of an UNTHINK Retirement™ business in accordance with Section 4.25. If cross sponsoring is discovered, it must be brought to the Company’s attention immediately. UNTHINK Retirement™ may take disciplinary action against the Partner who changed organizations and/or those Partners who encouraged or participated in the cross sponsoring. UNTHINK Retirement™ may also move all or part of the offending Partner’s organization to his or her original organization if the Company deems it equitable and feasible to do so. However, UNTHINK Retirement™ is under no obligation to move the cross-sponsored Partner’s organization, and the ultimate disposition of the organization remains within the sole discretion of UNTHINK Retirement™. Partner waives all claims and causes of action against UNTHINK Retirement™ arising from or relating to the disposition of the cross-sponsored Partner’s organization.
4.12 Errors or Questions
If Partner has questions about or believes any errors have been made regarding referral fees, bonuses, Agency Activity Reports, or charges, Partner must notify UNTHINK Retirement™ in writing within thirty (30) days of the date of the purported error or incident in question. UNTHINK Retirement™ will not be responsible for any errors, omissions, or problems not reported to the Company within thirty (30) days.
4.13 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, Partner shall not represent or imply that UNTHINK Retirement™ or its Marketing and Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
4.14 Holding Applications or Orders
Partner must not manipulate enrollments of new applicants and purchases of products. All Partner Applications and Agreements and product orders must be sent to UNTHINK Retirement™ within seventy-two (72) hours from the time they are signed by a Partner or placed by a customer, respectively.
4.15 Identification
All U.S. Partners are required to provide their Social Security Number to UNTHINK Retirement™. UNTHINK Retirement™ uses this information for income reporting purposes only. Upon enrollment, the Company will provide a unique Partner Identification Number to the Partner by which s/he will be identified. This number will be used to place orders and to track referral fees and bonuses. International Partners working as U.S. Partners may be required to provide appropriate forms that fulfill US law and preclude registration in their home country. Under its right of contract, UNTHINK Retirement™ retains the right to reject any application that does not include a valid Social Security Number, or appropriate international forms required by U.S. law for International Partners.
4.16 Income Taxes
Each Partner is responsible for paying local, state, and federal taxes on any income generated as an Independent Partner. If an UNTHINK Retirement™ business is tax exempt, the federal tax identification number must be provided to UNTHINK Retirement™. Every year, UNTHINK Retirement™ will provide an IRS Form 1099-MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) had earnings in excess of the annual minimum as established by the Internal Revenue Service in the previous calendar year; or 2) made purchases during the previous calendar year in excess of $5,000.
4.17 Insurance
Partner may wish to arrange insurance coverage for his/her business. Typically, a homeowner’s insurance policy does not cover business-related injuries or the theft of or damage to inventory or business equipment. Partner should contact his/her insurance company to make certain that their business property is protected. This can often be accomplished with a simple “Business Pursuit” endorsement attached to the present homeowner’s policy.
4.18 International Marketing
Because of critical legal and tax considerations, UNTHINK Retirement™ must limit the resale of UNTHINK Retirement™ products and the presentation of the UNTHINK Retirement™ business to prospective customers and Partners located within the United States and U.S. territories and those other countries that the Company has announced are officially opened for business. Moreover, allowing a few Partners to conduct business in markets not yet opened by UNTHINK Retirement™ would violate the concept of affording every Partner the equal opportunity to expand internationally.
UNTHINK Retirement™ shall hold the Partner personally liable for losses related to illegal business activities in unauthorized markets, and Partner agrees to indemnify UNTHINK Retirement™ and UNTHINK Retirement’s directors, officers, employees, and Partners, and to hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by UNTHINK Retirement™ as a result of a Partner’s unauthorized violation of this policy. This provision shall survive the termination of the Partner Agreement.
Accordingly, Partners are authorized to sell UNTHINK Retirement™ products and to enroll Preferred Customers or Partners only in the countries in which UNTHINK Retirement™ is authorized to conduct business, as announced in official Company literature. UNTHINK Retirement™ products or sales aids cannot be shipped into or sold in any foreign country. Partner may sell, give, transfer, or distribute UNTHINK Retirement™ products or sales aids only in countries authorized as open for business and only with products and materials authorized for sale in that specific country. In addition, no Partner may, in any unauthorized country: (a) conduct sales, enrollment, or training meetings; (b) enroll or attempt to enroll potential customers or Partners; or (c) conduct any other activity for the purpose of selling UNTHINK Retirement™ products, establishing a marketing organization, or promoting the UNTHINK Retirement™ opportunity. Partner understands that conducting any pre-launch activity in countries not officially open for UNTHINK Retirement™ business is against company policy and may be illegal in some countries.
4.19 Adherence to Laws and Ordinances
Partners shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances are not applicable to Partners because of the nature of their business. However, Partners must obey those laws that do apply to them. If a city or county official tells a Partner that an ordinance applies to him or her, the Partner shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of UNTHINK Retirement™. In most cases, there are exceptions to the ordinance that may apply to an UNTHINK Retirement™ Partner.
4.20 Minors
A person who is recognized as a minor in his/her state of residence may not be an UNTHINK Retirement™ Partner. Partner shall not enroll or recruit minors into the UNTHINK Retirement™ program.
4.21 Position Holder Restrictions
An individual may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary in only one UNTHINK Retirement™ business.
Partner may not have a simultaneous beneficial interest or participate in more than one affiliation without the written consent of the Company. A beneficial interest includes, but is not limited to, any ownership, interest, equitable interest, or any rights to present or future benefits, financial or otherwise, unless otherwise approved by the Company. Partner shall not have an ownership interest in, operational or management control of, or derive any benefits directly or indirectly from any subsequent team membership not in the same line of sponsorship as the individual’s initial business center. Partner’s position may be converted into a business entity pursuant to Section 4.4. To maintain the integrity of the UNTHINK Retirement™ Marketing and Compensation Plan, an individual wishing to conduct business as an entity may not maintain a separate affiliation under his or her name. A valid form of government ID must be faxed/scanned to the Company for each and every individual who has any interest in said business entity.
4.22 Actions of Household Members or Partner Individuals
If any member of Partner’s immediate household engages in any activity which, if performed by Partner, would violate any provision of the Agreement, such activity will be deemed a violation by Partner, and UNTHINK Retirement™ may take disciplinary action pursuant to the Statement of Policies against Partner. Similarly, if any individual associated in any way with a corporation, partnership, trust, or other entity (collectively “Partner individual”) violates the Agreement, such action(s) will be deemed a violation by the entity, and UNTHINK Retirement™ may take disciplinary action against the entity.
4.23 Requests for Records
Any request from Partner for copies of invoices, applications, agency activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
4.24 Sale, Transfer, or Assignment of UNTHINK Retirement™ Business
Although an UNTHINK Retirement™ business is a privately owned, independently operated business, the sale, transfer, or assignment of an UNTHINK Retirement™ business is subject to certain limitations. If a Partner wishes to sell his or her UNTHINK Retirement™ business, the following criteria must be met:
a) Protection of the existing line of sponsorship must always be maintained so that the UNTHINK Retirement™ business continues to be operated in that line of sponsorship. Therefore, the Sponsor of said business will have the right of refusal after UNTHINK Retirement’s rights to said business under the same terms as the original offer to purchase.
b) The buyer or transferee must become a qualified UNTHINK Retirement™ Partner. If the buyer is an active UNTHINK Retirement™ Partner, he or she must first terminate his or her UNTHINK Retirement™ business and wait six (6) calendar months before acquiring any interest in a different UNTHINK Retirement™ business.
c) Before the sale, transfer, or assignment can be finalized and approved by UNTHINK Retirement™, any debt obligations the selling Partner has with UNTHINK Retirement™ must be satisfied.
d) The selling Partner must be in good standing and have earned at least $200 per month for the previous three (3) months and not be in violation of any of the terms of the Agreement to be eligible to sell, transfer, or assign an UNTHINK Retirement™ business.
e) Seller agrees to a three-year, worldwide, non-compete agreement that they will not solicit, directly or indirectly, any UNTHINK Retirement™ Partner into another direct-selling opportunity.
f) UNTHINK Retirement™ maintains first right to claim the sale, transfer, or re-assignment of any given UNTHINK Retirement™ business. In the event that UNTHINK Retirement™ does not lay claim to the available business, all other proposals concerning the sale, transfer, or re-assignment must be approved by UNTHINK Retirement™ in writing and are subject to the Company’s discretion for approval. Prior to selling an UNTHINK Retirement™ business, the selling Partner must notify UNTHINK Retirement’s Compliance Department in writing of his or her intent to sell the UNTHINK Retirement™ business. No changes in line of sponsorship can result from the sale or transfer of an UNTHINK Retirement™ business. Partner may not sell, transfer, or assign individual business centers. If a business is sold, transferred, or assigned, all business centers must be included in the transaction.
4.25 Separation of an UNTHINK Retirement™ Business
UNTHINK Retirement™ Partners sometimes operate their UNTHINK Retirement™ businesses as husband-wife, 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 ensure 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 Partners and the Company in a timely fashion, UNTHINK Retirement™ will involuntarily terminate the Partner’s 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 UNTHINK Retirement™ business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize UNTHINK Retirement™ to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
b) The parties may continue to operate the UNTHINK Retirement™ business jointly on a “business-as-usual” basis, whereupon all compensation paid by UNTHINK Retirement™ 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. Under no circumstances will the organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will UNTHINK Retirement™ split referral fees and bonus checks between divorcing spouses or members of dissolving entities. UNTHINK Retirement™ will recognize only one organization and will issue only one commission check per UNTHINK Retirement™ business per referral fee cycle. Referral fee 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 referral fees and ownership of the business in a timely fashion as determined by the Company, the Partner’s Agreement shall be involuntarily canceled. If a former spouse has completely relinquished all rights in the original UNTHINK Retirement™ business pursuant to a divorce, he or she is thereafter free to enroll under any Sponsor of his or her choosing without waiting six (6) calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity Partner who retains no interest in the business must wait six (6) calendar months from the date of the final dissolution before re-enrolling as a Partner. In either case, however, the former spouse or business Partner shall have no rights to any Partner in their former organization or to any former retail Customer. They must develop the new business in the same manner as would any other new Partner.
4.26 Sponsoring
All Active Partners in good standing have the right to sponsor and enroll others into UNTHINK Retirement™. Each prospective Preferred Customer or Partner has the ultimate right to choose his or her own Sponsor. If two Partners claim to be the Sponsor of the same new Partner or Preferred Customer, the Company shall regard the first application received by the Company as controlling.
4.27 Succession
Upon the death or incapacitation of Partner, his or her business may be passed to his or her heirs. Appropriate legal documentation as described in Sections 4.29 and 4.30 must be submitted to the Company to ensure the transfer is proper. Accordingly, Partner should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever an UNTHINK Retirement™ business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and referral fees of the deceased Partner’s marketing organization, provided the following qualifications are met. The successor(s) must:
a) Execute a Partner Agreement;
b) Comply with terms and provisions of the Agreement; and
c) Meet all of the qualifications for the deceased Partner’s status.
Bonus and referral fee checks of an UNTHINK Retirement™ business transferred pursuant to this section will be paid in a single check jointly to the devisees. The devisees must provide UNTHINK Retirement™ with an “address of record” to which all bonus and referral fee checks will be sent. If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal Taxpayer Identification number. UNTHINK Retirement™ will issue all bonus and referral fee checks and one Form 1099 to the business entity.
4.28 Transfer upon Death of a Partner
To effectuate a testamentary transfer of an UNTHINK Retirement™ business, the successor must provide the following to UNTHINK Retirement™: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor’s right to the UNTHINK Retirement™ business; and (3) a completed and executed Partner Agreement.
4.29 Transfer upon Incapacitation of a Partner
To effectuate a transfer of an UNTHINK Retirement™ business because of incapacity, the successor must provide the following to UNTHINK Retirement™: (1) a notarized copy of an appointment as trustee or conservator; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the UNTHINK Retirement™ business; and (3) a completed Partner Agreement executed by the trustee or conservator.
SECTION 5 – RESPONSIBILITIES OF PARTNER
5.1 Change of Address, Telephone, and E-mail Addresses
To ensure timely delivery of products, support materials, and commission checks, it is critically important that UNTHINK Retirement’s files are always kept current. Street addresses are required for shipping because the carrier under contract cannot deliver to a post office box. Partners planning to change their e-mail address or to move must send their new address and telephone numbers to UNTHINK Retirement’s Corporate Offices to the attention of the Partner Services Department. To guarantee proper delivery, two weeks advance notice must be provided to UNTHINK Retirement™ on all changes.
5.2 Ongoing Training and Development Obligations
Any Partner who sponsors another Partner into UNTHINK Retirement™ must perform a bona fide assistance and training function to ensure that his or her Agency is properly operating his or her UNTHINK Retirement™ business. Partner must have ongoing contact and communication with the Partner in their Agency organizations. Examples of such contact and communication may include, but are not limited to personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of Agency Partner to UNTHINK Retirement™ meetings, training sessions, and other functions. Upline Partners are also responsible for motivating and training new Partners in UNTHINK Retirement™ product knowledge, effective sales techniques, the UNTHINK Retirement™ Marketing and Compensation Plan, and compliance with this Statement of Policies. Communication with and the training of Agency Partners must not, however, violate Section 4.2 (regarding the development of Partner-produced sales aids and promotional materials). Partner should monitor the Partners in their Agency organizations to guard against Agency Partner making improper product or business claims or engaging in any illegal or inappropriate conduct. As Partner progresses through the various levels of leadership, s/he will become more experienced in sales techniques, product knowledge, and understanding of the UNTHINK Retirement™ program. Partner will be called upon to share this knowledge with less-experienced Partners within their organization. Regardless of their level of achievement, Partner has an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing his/her existing customers.
5.3 Disparaging
UNTHINK Retirement™ wants to provide its Independent Partners with the best products, Compensation Plan, and service in the industry. Accordingly, we value constructive criticisms and comments. All such comments should be submitted in writing to the Partner Support Department. Remember, to best serve Partners, we must hear from them. While UNTHINK Retirement™ welcomes constructive input, negative comments and remarks made in the field by Partners about the Company, its products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other UNTHINK Retirement™ Partners. For this reason, and to set the proper example for their Agency, Partner agrees that they will not encourage their Partners or associates directly or indirectly or to act themselves, in any capacity or manner to make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any statements that defame, disparage, are inimical to, or damage the reputation of the Company, its Partners, subsidiaries, members, managers, employees, officers, directors, executives, Partners, Partners, or products and services.
5.4 Providing Documentation to Applicants
Partner must provide the most current version of the Statement of Policies and the Compensation Plan to individuals whom they are sponsoring to become Partners before the applicant(s) sign a Partner Agreement. Additional copies of the Statement of Policies can be downloaded from UNTHINK Retirement’s website.
5.5 Reporting Policy Violations
A Partner who observes a policy violation by another Partner should submit a written report of the violation directly to the attention of the UNTHINK Retirement™ Compliance Department. Details of the incidents, such as dates, number of occurrences, person(s) involved, and any supporting documentation, should be included in the report.
SECTION 6 – SALES REQUIREMENTS
6.1 Product Sales
The UNTHINK Retirement™ Marketing and Compensation Plan is based on the sale of UNTHINK Retirement™ services to end consumers. Partners must fulfill personal and Agency organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, referral fees, and advancement to higher levels of achievement.
6.2 No Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
SECTION 7 – COMPENSATION
7.0 Ranks and Pass-ups
7.0.1 Ranks
There are 2 levels of participation, or “ranks”, in the company:
Customers subscribe to UNTHINK Retirement™ and may use any of the included services; however, they do not earn any compensation.
Partners may also be Customers (and often are their “own first customer”). Partners may also market UNTHINK Retirement™ to earn commissions, overrides, and bonuses.
7.0.2 Pass-ups
When referring new Partners, Partners pass up the 1st Partner to their sponsor to become “qualified”.
7.1 Commissions, Overrides and Bonuses
7.1.1 Commissions and Overrides
Partners earn monthly commissions and overrides on subscriptions to UNTHINK Retirement™ as follows:
Personal: Commission on the 1st subscription are passed up to your sponsor. This is usually your own subscription (but it does not have to be). $50 per month on every one thereafter.
PSPs (Personally-Sponsored Partners) and Pass-ups: Overrides of $50 per month on the 1st subscription (the pass-up) and $10 per month on every subscription thereafter.
Level 2 Partners: Overrides of $10 per month on the 1st subscription.
Commissions and Overrides are paid on or around the 15th of the month.
7.1.2 Forex Fund
Starting with their 2nd Customer, Partners earn $2 per month for every Customer they personally refer (starting in the 2nd month).
Partners also earn $2 per month for every Customer their Personally-Sponsored Partners (PSPs) refer.
Finally, Partners earn $2 per month on the 1st Customer that any of their Level 2 Partners refer.
These bonuses are added each month to our company Forex Fund and earmarked for the Partner’s benefit. Each month, 80% of the gains that we realize in the account are added to the Partner’s total bonus. The aggregate total is posted in the Partner’s back office. This allows Partners to participate in the incredible upside potential of trading in the forex market without risking any personal out-of-pocket funds in the market.
Once a Partner’s potion of the Forex Fund is $10,000 or greater, the Partner may request a disbursement by emailing support@unthinkretirement.com. With $10,000, a Partner may now open his/her own trading account and opt to automatically follow our professional traders.
7.1.3 Safety Fund
The Safety Fund works identically to the Forex Fund in terms of how funds are added each month based on Customers (same Customers as in the Forex Fund). However, these funds are placed in more conservative accounts that are not tied to the ups and downs of the forex market. Because of this, the Safety Fund can be used for more immediate financial needs (e.g., emergency fund, purchase a car, down payment on a home, etc.).
Once a Partner’s portion of the Safety Fund reaches $2,500, UNTHINK Retirement™ will automatically disburse this amount during the next payroll run. The Partner’s portion of the Safety Fund will then be reset to the amount minus the disbursement.
For example, if a Partner has $2,622 in the Safety Fund, they will receive a $2,500 disbursement and their Safety Fund total will be reset to $122 ($2,622 – $2,500).
7.1.4 Compression
If a Partner cancels or is terminated, any Partners he/she has enrolled (along with their agency) will roll up to his/her sponsor.
7.1.5 Bonus and Referral Fee Qualifications
Partner must be active and in compliance with the Agreement to qualify for bonuses, commissions and/or referral fees. So long as Partner complies with the terms of the Agreement, UNTHINK Retirement™ shall pay said bonuses, commissions and/or referral fees to such Partner in accordance with the Marketing and Compensation Plan. The minimum amount for which UNTHINK Retirement™ will issue payment is $10. If Partner’s bonuses, commissions, and/or referral fees do not equal or exceed $10, the Company will accrue this remuneration until it totals $10. A payment will be issued upon request or based on the Company’s payment procedures, once $10 has been accrued. If Partner resigns s/he may request payment immediately for the full amount in his back office. A fee of up to $50 USD may be applied to any request for a reissuance of a check requested by a Partner but is determined to be for reasons that resulted due to no fault of the Company. A Personal Lines or Property & Casualty insurance license is required to earn insurance referral fees.
7.2 Adjustment to Bonuses and Referral Fees
7.2.1 Adjustments for Returned Products
Partner receives bonuses and referral fees based on the actual sales of products to end consumers. When a product is returned to UNTHINK Retirement™ for a refund or is repurchased by the Company, the following may occur at the Company’s discretion: any bonuses and referral fees attributable to the returned or repurchased product(s) will be deducted in the month in which the refund is given and continuing every pay period thereafter until the referral fee is recovered from the Partner who received bonuses and referral fees on the sales of the refunded products.
7.3 Reports
All information provided by UNTHINK Retirement™ in online agency activity reports, including but not limited 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; returned products/canceled policies; and credit card and electronic check chargebacks; the information is not guaranteed by UNTHINK Retirement™ or any persons creating or transmitting the information. All personal and group volume information is provided “as is” without warranties, express or implied, or representations of any kind whatsoever. In particular, but without limitation, there shall be no warranties of merchantability, fitness for a particular use, or non-infringement. to the fullest extent permissible under applicable law, UNTHINK Retirement™ and/or other persons creating or transmitting the information will in no event be liable to any Partner or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal and group volume information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity, and damages that may result from inaccuracy, incompleteness, inconvenience, delay, or loss of the use of the information), even if UNTHINK Retirement™ or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, UNTHINK Retirement™ or other persons creating or transmitting the information shall have no responsibility or liability to Partner or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto. Access to and use of UNTHINK Retirement’s online and telephone reporting services and Partner reliance upon such information is at his/her own risk. All such information is provided to Partner “as is.” If Partner is dissatisfied with the accuracy or quality of the information, his/her sole and exclusive remedy is to discontinue use of and access to UNTHINK Retirement’s online reporting services and his/her reliance upon the information.
SECTION 8 – PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
8.1 Customer Product Guarantee
As UNTHINK Retirement’s products are virtual, refunds are generally not provided. Any refund offered will be at the sole discretion of UNTHINK Retirement™.
8.3.1 Montana Residents
A Montana resident may cancel his or her Partner Agreement within fifteen (15) days from the date of enrollment.
SECTION 9 – DISPUTE RESOLUTION & DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
Violation of the Agreement, this Statement of Policies, or 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 Partner that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to Partner’s UNTHINK Retirement™ business), may result, at UNTHINK Retirement’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring of Partner to take immediate corrective measures;
• Imposition of a fine, which may be withheld from bonus and referral fee checks;
• Loss of rights to one or more bonus and commission checks;
• Withholding from Partner all or part of Partner’s bonuses and commissions during the period that UNTHINK Retirement™ is investigating any misconduct or alleged violations of the Agreement. If Partner’s business is canceled for disciplinary reasons, Partner will not be entitled to recover any commissions withheld during the investigation period;
• Re-assignment of all or part of their marketing organization;
• Suspension of the individual’s Partner Agreement for one or more pay periods;
• Involuntary termination of the offender’s Partner Agreement;
• Suspension and/or termination of the offending Partner’s UNTHINK Retirement™ website or website access;
• Any other measure expressly allowed within any provision of the Agreement or which UNTHINK Retirement™ deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by Partner’s policy violation or contractual breach;
• For situations deemed appropriate by UNTHINK Retirement™, the Company may institute 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 UNTHINK Retirement™.
9.2 Grievances and Complaints
When Partner has a grievance or complaint with another Partner regarding any practice or conduct in relationship to their respective UNTHINK Retirement™ businesses, the complaining Partner should first report the problem to his or her Sponsor, who should review the matter and try to resolve it with the other party’s Upline Sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Company’s Compliance Department. The Compliance Department will review the facts and attempt to resolve it.
9.3 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 attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Mesa, Arizona and shall last no more than two (2) business days.
9.4 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 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. Partner waives all rights to trial by jury or to any court. All arbitration proceedings shall be held in Mesa, Arizona. 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 that 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 a court of competent jurisdiction in Mesa, Arizona. This agreement to arbitration shall survive any termination or expiration of the Agreement. Notwithstanding the foregoing, nothing in this Statement of Policies shall prevent UNTHINK Retirement™ 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 UNTHINK Retirement’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.
9.5 Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Mesa, Arizona. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Arizona shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing and the mediation and arbitration provisions set forth in Sections 9.3 and 9.4, residents of the State of Arizona shall be entitled to bring an action against UNTHINK Retirement™ in their home forum pursuant to Arizona law.
SECTION 10 – PAYMENT AND SHIPPING
10.1 Payments
UNTHINK Retirement™ accepts payments in the forms of Visa, MasterCard, Discover, American Express, and cashier’s checks. The Company will not process orders that are not accompanied by full and proper payment. The Company will not be responsible for the loss of any referral fees and bonuses or other payments because of declined payments, delays, or errors in orders, charges, receiving agreements, or other acts outside the control of the company.
10.2 Restrictions on Third Party Use of Credit Cards and Checking Account Access
Partner shall not permit other Partners or Customers to use his or her credit card or permit debits to their checking accounts, to enroll or to make purchases from the Company, unless an authorization letter is on file with the Company prior to the transaction.
10.3 Sales Tax
Sales tax collection in the United States is very complex. Presently, there are over 7,500 sales taxes imposed. The rate of tax and taxability of products varies from state to state and even within a state. The rates and taxability of products are subject to constant change. To relieve our Independent Partners of this complex burden, UNTHINK Retirement™ has entered into an agreement with all state and local jurisdictions (except Alaska and Hawaii) that impose a sales tax to collect these taxes on behalf of all Independent Partners.
10.3.1 Collection of Sales Taxes by UNTHINK Retirement™
Under the terms of these agreements, UNTHINK Retirement™ is required to collect the applicable tax at the time of sale. The tax collected will be based on the suggested retail price of orders placed by an Independent Partner. The price subject to sales tax will include the shipping charges if the state where the products are shipped requires sales tax be charged on this cost. The States of Alaska, Delaware, Montana, New Hampshire, and Oregon do not presently have a sales tax. Of these states, only Alaska has local sales taxes.
10.3.2 Collection of Sales Taxes by an Independent Partner
When Partner sells the products, s/he is required to collect the sales tax based on Partner’s selling price. The taxes s/he collects will be a reimbursement for the taxes pre-collected by UNTHINK Retirement™. Partner will not have any additional reporting to do.
Independent sellers are not required to have a sales tax license for their UNTHINK Retirement™ business. However, if they have another business, they may be required to have a sales tax license for that business. These agreements are for sales tax only. Some states and local jurisdictions may require Partner to have a business license. S/He should consult with their accountant or tax preparer regarding other responsibilities they may have.
There are special requirements for Independent Partners in the States of New Mexico and Washington. The company has prepared a special bulletin for these states. Please call and request this bulletin.
10.3.3 Selling in the States of Alaska, Hawaii and US Territories except Puerto Rico
UNTHINK Retirement™ as a company will not collect and remit sales tax for Independent Partners selling in the States of Alaska and Hawaii and in the U.S. Territories of American Samoa, Baker Island, Howland Island, Guam, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Northern Mariana Islands, Palau, Palmyra Atoll, United States Virgin Islands (St. Croix, St. John, and St. Thomas), and Wake Island. It is the responsibility of each Independent Partner making sales in these states or territories to register, collect, and remit these taxes to the applicable jurisdictions. Partner should contact the jurisdiction(s) where s/he is making sales to obtain the necessary forms to register and report. Independent Partners are required to comply with the terms of these agreements. If Partner has any questions regarding this notice or needs a special bulletin, please contact the Company by calling 480-840-7550 and select the extension for Partner Support, or e-mail support@unthinkretirement.com with Subject Line of: Sales Tax.
SECTION 11 – INACTIVITY, RECLASSIFICATION & CANCELLATION
11.1 Effect of Cancellation
So long as Partner remains active and complies with the terms of the Partner Agreement and this Statement of Policies, UNTHINK Retirement™ shall pay referral fees to Partner in accordance with the Marketing and Compensation Plan. Partner’s bonuses and referral fees constitute the entire consideration for Partner’s efforts in generating sales and all activities related to generating sales (including building an Agency organization). Following Partner’s non-renewal of his or her Partner Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Partner Agreement (all of these methods are collectively referred to as “cancellation”), the former Partner shall have no right, title, claim, or interest to the marketing organization that s/he operated or any referral fees or bonus from the sales generated by the organization. A Partner whose business is cancelled will lose all rights as a Partner. This includes the right to sell UNTHINK Retirement™ products and services and the right to receive future referral fees, bonuses, or other income resulting from the sales and other activities of Partner’s former Agency sales organization. In the event of cancellation, Partner agrees to waive all rights they may have, including but not limited to property rights, their former Agency organization, and any bonuses, referral fees, or other remuneration derived from the sales and other activities of his or her former Agency organization. Following Partner’s cancellation of his or her Partner Agreement, the former Partner shall not hold themselves out as an UNTHINK Retirement™ Partner and shall not have the right to sell UNTHINK Retirement™ products or services. A Partner whose Partner Agreement is canceled shall receive referral fees and bonuses only for the last full pay period in which s/he was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
11.3 Involuntary Cancellation
Partner’s violation of any of the terms of the Agreement, including any amendments that may be made by UNTHINK Retirement™ in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her Partner Agreement. Cancellation shall be effective on the date on which written notice is emailed, mailed, faxed, or delivered by an express courier, to the Partner’s last known email/physical address (or fax number), or to his/her attorney, or when the Partner receives actual notice of cancellation, whichever occurs first. UNTHINK Retirement™ reserves the right to terminate all Partner Agreements upon thirty (30) days written notice in the event that it elects to (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
11.4 Voluntary Cancellation
A participant in this Marketing Plan has a right to cancel at any time, regardless of reason. A cancellation request must be submitted via email to support@unthinkretirement.com a minimum of 72 hours prior to the next autoship date. The written notice must include the Partner’s name and Partner’s ID number. For compensation purposes, cancellation is effective upon submission of the request to support. This means that the Partner forfeits any future bonuses, commissions, referral fees, and overrides.
11.5 Non-renewal
Partner may also voluntarily cancel his or her Partner Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew a Partner’s Agreement upon its anniversary date or elect to change the status of the account to Retail/Preferred Customer based on receipt of payment for the renewal.
SECTION 12 – DEFINITIONS
Active Partner — A Partner who satisfies the minimum Personal Sales Volume (PSV) requirements, as set forth in the UNTHINK Retirement™ Marketing and Compensation Plan, to ensure that s/he is eligible to receive bonuses and referral fees.
Active Rank — Refers to the current rank of a Partner, as determined by the UNTHINK Retirement™ Marketing and Compensation Plan, for any referral fee qualification period. To be considered “Active” relative to a particular rank, a Partner must meet the criteria set forth in the UNTHINK Retirement™ Marketing and Compensation Plan for his or her respective rank (see the definition of “Rank”).
Agreement — The contract between the Company and each Partner includes the Partner Application and Agreement, the UNTHINK Retirement™ Statement of Policies, the UNTHINK Retirement™ Marketing and Compensation Plan, and the Business Entity Form (where appropriate), all in their current form and as amended by UNTHINK Retirement™ at its sole discretion. These documents are collectively referred to as the “Agreement.”
Automatic Telephone Dialing System — Any equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.
Cancel — The termination of a Partner’s business. Cancellation may be either voluntary, involuntary, through non-renewal, or inactivity.
Compensation Plan — Guidelines and referenced literature used for describing how Partners are able to generate referral fees and bonuses.
Customer — An individual or entity who purchases UNTHINK Retirement™ products that are not enrolled as an UNTHINK Retirement™ Partner. Customers may purchase products at the Suggested Retail Price through a Partner’s website or via the UNTHINK Retirement™ Customer program.
Genealogy Report — A monthly report generated by UNTHINK Retirement™ that provides critical data relating to the identities of Partner, sales information, and enrollment activity of each Partner’s marketing organization. This report contains confidential and trade secret information that is proprietary to UNTHINK Retirement™.
Immediate Household — Heads of household and dependent family members residing in the same house.
— The status given to a Partner who does not personally sell what is required to receive bonuses and/or to maintain rank.
Leg — Each one of the individuals enrolled immediately underneath you and their respective marketing organization represents one “Leg” in your marketing organization.
Level — The layers of Agency Partners in a particular Partner’s marketing organization. This term refers to the relationship of a Partner relative to a particular Upline Partner, determined by the number of Partners between them who are related by enrollment or placement sponsorship. For example, if A sponsors B, who sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.
Maintenance Requirement — The combined production of personal sales and Agency sales needed to qualify and be paid for a given rank.
Marketing Organization — The Customers, Preferred Customers, and Partners sponsored below a particular Partner.
Official UNTHINK Retirement™ Material — Literature, audio or videotapes, and other materials developed, printed, published, and distributed by UNTHINK Retirement™ to Partner.
Paid-as-Rank — Partner failing to achieve their rank maintenance requirement in any given qualification period will be paid at the lower rank to which they qualify, but they keep their rank in title (only).
Points — An arbitrary value assigned to each UNTHINK Retirement™ product that is used to track business activity, qualify for referral fees and bonuses, and calculate referral fees and bonuses. A Customer registered in the UNTHINK Retirement™ Preferred Customer Program who agrees to a standing Autoship order that ships approximately every twenty-eight (28) days and is charged to the Preferred Customer’s credit or debit card. Preferred Customers purchase UNTHINK Retirement™ products at the Preferred Customer price and do not engage in building a business or retailing product.
Placement by Upline — The placement of a new Partner who is enrolled due to spillover by someone in the Upline. For example, if A has three Partners enrolled directly under him or her (B and C), and A sponsors or enrolls D, D may spillover under the next available position in A’s Agency.
Recognition Title — The “title” that a Partner has achieved pursuant to the UNTHINK Retirement™ Marketing and Compensation Plan. Titles are used to recognize productivity at corporate events and in official publications and are permanent until a higher recognition title is achieved. May also be referred to as Recognition Rank but can differ from a Partner’s Active Rank (see definition of “Active Rank”).
Recruit — For purposes of UNTHINK Retirement’s Conflict of Interest Policy (Section 4.9), the term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another UNTHINK Retirement™ Partner or Preferred Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
Resalable — Products and sales aids shall be deemed “resalable” if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling have not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) it is returned to UNTHINK Retirement™ within ninety (30) days from the date of purchase, unless the state they reside in requires a different time period; and 5) the product contains current UNTHINK Retirement™ labeling. Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued, or as a seasonal item, shall not be resalable.
Retail Sales — These are sales to a retail Customer. If a sale is made to a Customer (including a Preferred Customer) who subsequently submits an UNTHINK Retirement™ Partner Agreement within thirty (30) days from the date of the sale, or if an immediate household family member of the customer submits an UNTHINK Retirement™ Partner Agreement within 30 days of the sale, such sale shall not constitute a Retail Sale. A Partner’s personal purchases from UNTHINK Retirement™ do not constitute Retail Sales.
Sponsor — A Partner who introduces and enrolls a customer, Preferred Customer, or a new Partner to UNTHINK Retirement™ and is listed as the Sponsor on the Partner Application and Agreement.
Upline — The Partner or Partner above a particular Partner in a sponsorship or placement line up to the Company. Conversely stated, it is the line of sponsors that links any particular Partner to the Company.