TERMS AND CONDITIONS
1. I understand that as an XCELLENT CHOICE GLOBAL Affiliate: (a) I have the right to offer for sale XCELLENT CHOICE GLOBAL products and services in accordance with these Terms and Conditions; (b) I have the right to enroll Xcellent Choice Global Affiliates, Preferred customers and Professional Accounts into the Xcellent Choice Global program; (c) If qualified, I have the right to earn commissions pursuant to the XCELLENT CHOICE GLOBAL Compensation Plan.
2. I agree to present the XCELLENT CHOICE GLOBAL Compensation Plan and XCELLENT CHOICE GLOBAL products as set forth in official XCELLENT CHOICE GLOBAL literature.
3. I agree that as an XCELLENT CHOICE GLOBAL Affiliate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of XCELLENT CHOICE GLOBAL. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF XCELLENT CHOICE GLOBAL FOR FEDERAL OR STATE TAX PURPOSES. XCELLENT CHOICE GLOBAL is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
4. I have carefully read and agree to comply with the XCELLENT CHOICE GLOBAL Policies and Procedures and the XCELLENT CHOICE GLOBAL Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the “Agreement”). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from XCELLENT CHOICE GLOBAL. I understand that the XCELLENT CHOICE GLOBAL Policies and Procedures and/or the XCELLENT CHOICE GLOBAL Compensation Plan may be amended at the sole discretion of XCELLENT CHOICE GLOBAL, and I agree to abide by all such amendments. Notification of amendments shall be posted on XCELLENT CHOICE GLOBAL’s website and shall become effective upon acceptance by Affiliate or 30 days after publication, whichever occurs sooner. The continuation of my XCELLENT CHOICE GLOBAL business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. The term of this agreement is one year (subject to prior cancellation pursuant to the Policies and Procedures). If I choose not to renew my XCELLENT CHOICE GLOBAL business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Affiliate, I shall not be eligible to sell XCELLENT CHOICE GLOBAL products and services, nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of myself or my former downline organization. XCELLENT CHOICE GLOBAL reserves the right to terminate all Affiliate Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Affiliates may cancel this Agreement at any time, and for any reason, upon written notice to XCELLENT CHOICE GLOBAL at its principal business address.
6. I may not assign any rights under the Agreement without the prior written consent of XCELLENT CHOICE GLOBAL. Any attempt to transfer or assign the Agreement without the express written consent of XCELLENT CHOICE GLOBAL renders the Agreement voidable at the option of XCELLENT CHOICE GLOBAL and may result in termination of my business. I understand that if I fail to comply with the terms of the Agreement, XCELLENT CHOICE GLOBAL may, at its discretion, impose disciplinary sanctions as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. I agree that XCELLENT CHOICE GLOBAL may deduct, withhold, set-off, or charge to any form of payment I have previously authorized, any amounts I owe or am indebted to XCELLENT CHOICE GLOBAL.
7. XCELLENT CHOICE GLOBAL, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release XCELLENT CHOICE GLOBAL and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release XCELLENT CHOICE GLOBAL and its affiliates from all liability arising from or relating to the promotion or operation of my XCELLENT CHOICE GLOBAL business and any activities related to it (e.g., the presentation of XCELLENT CHOICE GLOBAL products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify XCELLENT CHOICE GLOBAL for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
8. The Agreement, in its current form and as amended by XCELLENT CHOICE GLOBAL at its discretion, constitutes the entire contract between XCELLENT CHOICE GLOBAL and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
9. Any waiver by XCELLENT CHOICE GLOBAL of any breach of the Agreement must be in writing and signed by an authorized officer of XCELLENT CHOICE GLOBAL. Waiver by XCELLENT CHOICE GLOBAL of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
10. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement shall remain in full force and effect.
11. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. In the event of a dispute between an Affiliate and XCELLENT CHOICE GLOBAL arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. XCELLENT CHOICE GLOBAL shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Affiliate. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures. Notwithstanding the foregoing, XCELLENT CHOICE GLOBAL shall be entitled to bring an action before the State or Federal Courts in Orange County, California, seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or distributor lists as well as other trade secrets, trademarks, trade names, patents, and copyrights.
12. The parties consent to jurisdiction and venue before any federal or state court in Orange County, State of California, for purposes of enforcing an award by an arbitrator, an action by XCELLENT CHOICE GLOBAL for equitable relief, or any other matter not subject to arbitration. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law. Montana Residents: A Montana resident may cancel his or her Affiliate Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
13. I authorize XCELLENT CHOICE GLOBAL to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
14. NOTICE OF RIGHT TO CANCEL: You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any tangible goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, 1) mail (Xcellent Choice Global, Inc., 7455 Arroyo Crossing Parkway, Suite 220, Las Vegas, NV 89113) a signed and dated written notice requesting cancellation, postmarked NOT LATER THAN MIDNIGHT of the third business day following the date set forth above, or 2) you may submit a support ticket requesting a cancellation by logging into your back office, selecting My Business Center from the top menu, then selecting Support on the left menu and then Submit a Ticket. Be sure to upload an image of this signed and dated Cancellation Notice when submitting your ticket and support tickets requesting cancellation must be submitted NOT LATER THAN MIDNIGHT of the third business day following the date set forth above.
POLICIES AND PROCEDURES MANUAL
CODE OF ETHICS
Xcellent Choice Global has made a commitment to provide the finest mentoring and training services backed with impeccable service. In turn, the company expects Xcellent Choice Global Affiliates to reflect that image in their relationships with Consumers and other Affiliates.
As an Independent Affiliate you are generally free to operate your business as you see fit but it is to our mutual, long-term advantage if you accord to the highest standards of integrity and fair practice in your role as an Xcellent Choice Global Affiliate. The Code of Ethics, therefore, states:
As an Independent Affiliate:
· I will conduct my business in an honest, ethical manner at all times.
· I will make no representations about the benefits associated with Xcellent Choice Global products other than those contained in officially-approved corporate literature and videos.
· I will provide follow-up service, support and encouragement to my downline Affiliates and Preferred and Commercial Customers to ensure that their experience with Xcellent Choice Global is a successful one.
· I will motivate and actively work with Affiliates of my downline organization to help them build their Xcellent Choice Global business.
· I will refrain from exaggerating my personal income or the income potential in general and will stress to Affiliate candidates the level of effort required to succeed in the business.
· I will not abuse the goodwill of my association with Xcellent Choice Global to further and promote other business interests (particularly those which may be competitive to Xcellent Choice Global) without the prior written consent of Xcellent Choice Global.
· I will not make disparaging remarks about other products, services, Affiliates, or companies; likewise, I will not willfully denigrate the activities or personalities of fellow Xcellent Choice Global Affiliates.
· I will abide by all of the Policies and Procedures of Xcellent Choice Global as included herein, or as may be amended from time to time.
POLICIES AND PROCEDURES
1. AFFILIATE REQUIREMENTS: In order to become an Affiliate the applicant must be the age of majority in the state in which he/she resides. To become an Affiliate an applicant must complete an official Xcellent Choice Global Application and Agreement on which is recorded his/her social security number or taxpayer identification number. That Application and Agreement must be accepted by the company at its home office and notice of its acceptance received by the applicant. For corporations registering as an Xcellent Choice Global Affiliate the Federal Employer’s Identification Number (FEIN) shall be included on their application. Xcellent Choice Global reserves the right to accept or reject anyone as an Affiliate. Husband and wife may each have their own membership; however, under no circumstances may husband and wife be sponsored in different organizational lines. Either the husband or the wife must be the sponsor of the other. Any attempt at dual-line sponsoring will be terminated by the company.
2. PARTNERSHIP OR CORPORATION REQUIREMENTS: A partnership or corporation may hold a Membership upon completion of the Affiliate application form, and providing on that form in the appropriate space, a Federal tax ID number. However, an individual may not participate in more than one (1) Membership of any kind. An Affiliate may change status under the same sponsor from individual to partnership or corporation, or from partnership to corporation with proper and complete documentation. The person signing the application on behalf of a partnership or corporation must have the authority of the partnership or corporation for entering into the transaction. In addition, by signing for a partnership or corporation, you certify that no person with an interest of debt or equity in the business has had an interest in a membership in Xcellent Choice Global within six (6) months of the date of signature.
3. SPONSORSHIP: All Affiliates have the right to sponsor others anywhere within the United States, or other nations as they may from time to time be opened by Xcellent Choice Global, bearing in mind the need for personal contact. Every person has the ultimate right to choose his/her own sponsor when they initially sign-up as an Affiliate with Xcellent Choice Global. If two Affiliates should claim to be the sponsors of the same new Affiliate, Xcellent Choice Global shall acknowledge the first application received at corporate headquarters. As a general rule, it is good practice to regard the first Affiliate who meaningfully worked with a prospective Affiliate or Customer as having first claim to sponsorship. Basic tenets of common sense and consideration should govern. Cross-sponsorship and cross-recruiting are strictly prohibited with the Xcellent Choice Global organization. In regard to any dispute, Xcellent Choice Global reserves the right to make the final decision.
4. SPONSOR RESPONSIBILITIES: Any Affiliate who sponsors other Affiliates must fulfill the obligation of performing a bona fide supervisory and training function on behalf of those sponsored. Affiliates must have ongoing contact, communications, and management supervision with their sales organization. Examples of such supervision may include, but are not limited to the following: newsletters, written correspondence, personal meetings, telephone contact, training sessions, or accompanying individuals to corporate events.
5. NETWORKING COOPERATION: It is strongly recommended that Affiliates belonging to different networks cooperate with each other for mutual success. There are many benefits which can be accrued from such cooperation.
6. TRANSFERS OF SPONSORSHIP: Xcellent Choice Global prohibits the transferring from one sponsorship to another. The integrity of the entire network organization is based on the strength of the structure with the network. Allowing for transfers from one sponsor to another can only lead to strife and disaster. The only way that an Affiliate will be allowed to transfer sponsorship lines is by written resignation to the company, at which time the Affiliate may rejoin the network in six (6) months under a new sponsor. It is important to note, however, that the Affiliate will not be allowed to transfer their downline or qualified position with them.
7. DEATH OF AFFILIATE: Upon the death of an Affiliate his/her rights to commissions and marketing position, together with the Affiliate’s duties and responsibilities, shall pass to the successors in interest upon written notice to Xcellent Choice Global.
In order to protect the company from fraud, Xcellent Choice Global requires a certificate of death and certified copy of the will, trust or other device, such as Letters Testamentary or Letters of Administration from a probate court, before giving effect to the transfer of the Membership from the deceased Affiliate to the named transferee. The successor Affiliate shall be required to execute a new Xcellent Choice Global application.
8. SALE OF MEMBERSHIP POSITION: As Independent Affiliates you are free to sell or assign your position for the going market price. However, in order to protect the integrity of Xcellent Choice Global, any such sales agreements or transfers of interest must be approved by Xcellent Choice Global for substance and form prior to sale. There will be a nominal fee for this review process of $200.00 per sales transaction. Xcellent Choice Global reserves the right to accept or reject the sales agreement and transfer based on the qualifications of the purchasers, any misrepresentations by the seller, or other material issues involving the sale that may have detrimental results for Xcellent Choice Global.
9. REPRESENTATIONS BY AFFILIATES: Affiliates are independent contractors, fully responsible for their own business procedures and are not to be considered purchasers of a franchise or employees of Xcellent Choice Global. The agreement between Xcellent Choice Global and its Affiliates does not create an employer/employee relationship, agency, partnership or joint venture between Xcellent Choice Global and the Affiliates. Affiliates must not represent themselves in any way, orally or in writing, as being an agent or employee of the company. Affiliates have no authority to bind Xcellent Choice Global to any obligation. Each Affiliate shall hold Xcellent Choice Global harmless for any claims, damages or liabilities arising out of the Affiliate’s own business practice. Xcellent Choice Global will take aggressive action to insure that Affiliates that violate this policy will be terminated and reported to the proper authorities. Affiliates are responsible for any expenses which result from their business operations, including, but not limited to, advertising, taxes, fees, legal costs and telephone expenses. Xcellent Choice Global does not accept collect telephone calls. The Affiliate may not use the company name on any written forms or documents (e.g. stationery, bank accounts, and business signs) without stating “Independent Affiliate” and prior approval by the company.
10. AFFILIATE MATERIALS: Affiliates are paid commissions on direct sales and on sales of their downline networks per the Xcellent Choice Global Compensation Plan. Affiliates have access to approved sales and training videos and customer and affiliate support. Additional sales and marketing tools may be made available for an additional price. No product purchase is ever required to be an Affiliate of Xcellent Choice Global, however there are volume requirements to be considered an active or qualified Affiliate.
11. RETAIL SALES: Personal service and retail sales to the customer are the foundation of Xcellent Choice Global. The entire commission structure is based upon volume of retail sales referred by the individual Affiliate as well as their entire organization.
Xcellent Choice Global products may be referred by registered Affiliates. Affiliates may refer company products to retail customers for their personal use, not for resale to other consumers.
12. RETAIL SALES IN STORES OR OTHER OUTLETS: To ensure that each Affiliate has a fair and equal opportunity, and to encourage ongoing personal support, it is strictly forbidden for Xcellent Choice Global products to be sold in any retail outlet, without prior written consent of Xcellent Choice Global. Literature may, however, be displayed referring the consumer to an Independent Affiliate.
13. AFFILIATE ETHICS: Xcellent Choice Global will not permit activity that is obviously unethical or unprofessional. Even though the line between aggressive professional marketing efforts and unethical behavior and harassment can be vague, Xcellent Choice Global will intercede when such behavior is evident, and reserves the right to use its sole judgment in deciding whether certain Affiliate activities are inappropriate and, if determined to be so, to act accordingly.
14. REFUND POLICY: Products purchased from Xcellent Choice Global, in good and resalable condition, may be returned for a full refund (less 10% restocking fee and shipping charges), within 30 days of purchase, subject to Refund and Return Policies located at www.myXcellentChoice.com. In the event of a refund, Xcellent Choice Global reserves the right to recover any commissions, overrides, and bonuses paid to Affiliate's upline for the returned items.
15. THE 70% Rule: Xcellent Choice Global will strictly adhere to the policy that prior to honoring an order for product by an Affiliate, the Affiliate must certify that he/she has sold to non-Affiliate customers at least 70% of all prior inventory purchased. An Affiliate will be allowed by Xcellent Choice Global to purchase a reasonable amount of product for personal use and enjoyment.
The company will monitor compliance with this rule, and any fraudulent information supplied by the Affiliate will be grounds for termination. For this reason it is important that the Affiliate keep accurate sales records.
It is company policy to strictly prohibit the purchase of products in unreasonable amounts solely for the purpose of qualifying for commissions or advancement within the compensation plan. All such forms of frontloading or stockpiling are strictly prohibited.
16. SALES TAX: Xcellent Choice Global products may be subject to sales tax in the state, county, or city that levies such a tax and in which a sale occurs. Xcellent Choice Global will handle collection and payment of applicable sales taxes for Xcellent Choice Global products sold directly to Affiliates. Affiliates should refer to their own tax advisors to determine if any additional filings or taxes are required.
17. INDIVIDUAL TAXES: Each Affiliate shall comply with all state and local taxes and regulations governing the sale of Xcellent Choice Global products. Additionally, each Affiliate is required to provide on their Affiliate application form either their Social Security number, taxpayer identification number, or Federal tax ID number. As the Affiliate is a self-employed contractor, Xcellent Choice Global does not deduct any personal taxes from commission checks.
At the end of the calendar year, Xcellent Choice Global is obligated by law to provide the Affiliate and the Internal Revenue Service with a form 1099 reporting the Affiliate’s annual income from Xcellent Choice Global. This is required for any Xcellent Choice Global with earnings in excess of $600.00 for the calendar year.
18. PROPRIETY NATURE OF DOWNLINE REPORTS: The Company may from time to time supply data processing information and reports to Xcellent Choice Global Affiliates concerning their downline organizations. The Affiliate agrees that such information is proprietary and confidential to both the company and the individual Affiliate and is transmitted to the Affiliate in confidence.
The Affiliate agrees that he/she will not disclose such information to any third party directly or indirectly, nor use the information to compete with the company directly or indirectly. The Affiliate and the company agree that, but for this agreement of confidentiality and nondisclosure, the company would not provide the above confidential information to the Affiliate.
19. AMENDMENTS: Xcellent Choice Global expressly reserves the right to alter or amend product prices, product availability and/or product contents, policies and procedures, and compensation plan. Such amendments are automatically incorporated as part of the agreement between Xcellent Choice Global and the Affiliate when published in official company literature.
20. PRODUCT AND INCOME CLAIMS: Xcellent Choice Global Affiliates agree to make no false or fraudulent representations about the company, its products, services, the compensation plan or earnings potential. The Affiliate must not make any claims, especially medical or related to the curing of any disease, for Xcellent Choice Global products which are not supported by facts contained in official company literature. If you make a purchase from Xcellent Choice Global you are purchasing products for personal use, sampling, and/or sales to customers. You are NOT purchasing stock or any other form of "investment" or equity. You MUST actually consume or sell the products per the Xcellent Choice Global Policies and Procedures. Any Affiliates making any representations relating Xcellent Choice Global to purchasing stock or any other form of "investment" or equity shall be subject to sanctions, up to an including termination of membership.
21. ANNUAL REGISTRATION FEE AND ANNUAL RENEWAL: All Affiliates are required to pay $40 to become Xcellent Choice Global sales Affiliates. This package includes presentation and marketing materials, product brochures, a Company Overview & Training DVD, a replicated website and the “X Factor” virtual training system. The $40 Annual Registration Fee will automatically renew and recur on the 12 month anniversary of the date they became Affiliates, and is subject to change at Company’s discretion with prior written notice.
22. AFFILIATE CHANGE OF ADDRESS: Affiliates must report any change of address by updating the information for their Default Address in the back office at www.myxcellentchoice.com or by sending written notice to the Xcellent Choice Global headquarters office.
23. RESIGNATION OF AN AFFILIATE: An Affiliate has the right to terminate their agreement at any time and for any reason without reason without penalty by giving seven (7) days written notice to the company at its principal place of business. At the end of the seven (7) day notice period, all rights to commissions, position, and wholesale purchases cease, and the Affiliate is no longer entitled to advertise, sell, or promote Xcellent Choice Global products. The former Affiliate’s downline shall be transferred to his/her sponsor. The resigning Affiliate is not eligible to be sponsored into Xcellent Choice Global again for a period of six (6) months following the date of termination.
24. TERMINATION BY INACTIVITY: After One-Hundred Eighty (180) days of consecutive inactivity, Xcellent Choice Global reserves the right to delete Affiliate from the commission structure. The deleted Affiliate will, however, be eligible for immediate re-sponsorship. For security purposes, if more than Sixty (60) days lapses without Affiliate logging in, access to the virtual training center may be temporarily disabled. Access can be reactivated by contacting customer support provided Annual Registration Fee is current.
25. TERMINATION OF MEMBERSHIP: The Company reserves the right to terminate any Membership at any time, or suspend said Affiliate for a probationary period, when it is determined that the Affiliate has violated the provisions of the Affiliate Agreement, including the provisions of these Policies and Procedures as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing. Upon such a termination, the company shall notify the Affiliate by certified mail at the latest address listed with the company. The terminated Affiliate agrees to immediately cease representing himself/herself as an Affiliate, and will not be allowed to ever return to the position of Affiliate with Xcellent Choice Global. Where applicable state law on termination of an Affiliate is inconsistent with company policy, such state law termination procedures shall be in force. If the Affiliate wishes to appeal the termination, Xcellent Choice Global must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the company’s termination letter. If the appeal is not received with the 15-day period, the termination will be automatically deemed final. If the Affiliate files a timely appeal of termination, Xcellent Choice Global will review and reconsider the termination, consider any other appropriate action and notify the Affiliate of its decision. The decision of the company will be final and subject to no further review. In the event that the termination is not rescinded, the termination will be effective as of the date of the company’s original termination notice. Upon termination of a Membership, all rights to commissions, position, and wholesale purchase rights cease. The terminated Affiliate’s organization shall be transferred to his/her sponsor. The terminated Affiliate will not be eligible for future sponsorship.
26. ADVERTISING: Because Affiliates are independent contractors they may promote their business in any legal and ethical manner, and may advertise without company approval, provided that they do not use the corporate name, logo or trademarks. Any advertisement which utilizes the company name, logo or trademarks must be approved by the company prior to any advertisement. The ad must also state that the individual placing the ad is an “Independent Affiliate”. Affiliates are prohibited from answering the phone in any manner that would give callers reason to believe that they have reached the corporate offices of Xcellent Choice Global. The company strictly prohibits Affiliates from utilizing web sites to advertise or promote the products or opportunity, other than the official company sponsored and maintained web site, without prior approval from the Xcellent Choice Global.
27. DELIVERY AND PAYMENT METHODS: Xcellent Choice Global will not accept orders on a C.O.D. basis. All orders must be prepaid with internal e-wallet funds, check, cashier’s check, money order, or an approved Visa or MasterCard, or American Express Card or Discover Card. Unless on backorder, orders will ship within five (5) days of receipt of order, unless some unforeseen event causes a delay in shipment.
28. WAIVER: The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the company who is authorized to bind the company in contracts or agreements specifies in writing that the company waives any of these provisions.
29. GOVERNING LAWS: These rules are reasonably related to the laws of the State of Nevada and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall lie with the place of acceptance of the Affiliate application, which shall in all cases be the County of Clark in the State of Nevada.
30. INVALIDITY OF ANY PARAGRAPH: Should any portion of these policies and procedures, of the Affiliate’s Application and Agreement, or any other instruments referred to herein or issued by the company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
31. SANCTIONS AND ENFORCEMENT ACTION: Sanctions will not be employed lightly, nor will the company be arbitrary or unfair in their use. It is important to remember, however, that an Affiliate who violates these policies and procedures jeopardizes the integrity and standing of all Affiliates. The company reserves the right to revoke the status of Affiliates or place violators on probation for a period which may delay their eligibility for advancement in the marketing plan. It is for the benefit of everyone that every Affiliate abides by the letter and spirit of these policies and procedures.
32. NOTICES TO Xcellent Choice Global: Any notice to Xcellent Choice Global should be sent to the corporate office at:
Xcellent Choice Global, Inc., 7455 Arroyo Crossing, Suite 220, Las Vegas, NV 89113, (P) 702-852-1881, (F): 702-246-0201
33. CHARGE BACKS: If commissions have been overpaid to an Affiliate in error, or if subsequent returns on products occur which cause refunds to be issued to the purchaser, the commissions overpaid will be charged back against the Affiliate’s next check, or first check with available commissions to cover the refunds.
34. USE OF IMAGE: Affiliate authorizes Xcellent Choice Global, Inc., and its Affiliates, employees and agents, to use their name, photograph, video or audio recording, personal story and/or likeness in advertising or promotional materials and waives all claims to remuneration for such use.
35. WELCOME TO XCELLENT CHOICE GLOBAL! Xcellent Choice Global looks forward to a long and successful future with each and every one of you. Welcome to the team!