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MXM Policies & Procedures

>> MXM Policies & Procedures <<

SECTION ONE: MEMBER STATUS

1.01 BECOMING A MEMBER OF MXM

An applicant becomes a Member of MXM when the applicant's completed Reistration has been received and accepted via the MXM online membership system. MXM reserves the right to decline any Registration for any reason, at its sole discretion. Member uses his/her best effort to promote and sell the product of MXM to consumers pursuant to the Agreement contained within these Policies & Procedures and Terms & Conditions. In doing so, Member will maintain the high standards of honesty, and integrity and business ethics when dealing with consumers, the MXM Corporation or other MXM Members.

1.02 PRODUCT PURCHASE REQUIRED

A purchase of the POWERIZER product costing US$20 per month is required to become a Member of MXM.

1.03 MEMBER OBLIGATIONS & RIGHTS

Paid Members are authorized to sponsor new members and to sell MXM products and to participate in the MXM Compensation Plan for the life of the business.

1.04 LEGAL AGE

Members must be of legal age in the state / province / country of their residence. MXM does not knowingly allow Member status to people less than 18 years of age. The same policy applies to sales of MXM products; MXM does not knowingly allow sales of MXM products to people less than 18 years of age.

1.05 DIVORCE

When a couple sharing a member entity divorces or separates, MXM will continue to pay commission payments in the same manner as before the divorce or separation until it receives written notice signed by both parties or a court decree which specifies how future commission payments should be paid.

1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS

Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become members of MXM. Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Member entity must agree to hold such title, and MXM will hold each personally liable and bound by the Agreement and these Policies & Procedures and Terms & Conditions.

1.07 FICTITIOUS OR ASSUMED NAMES

A person or entity may not apply as a member using a fictitious or assumed name.

1.08 INDEPENDENT CONTRACTOR STATUS

Members are independent contractors responsible for determining their own activities without direction or control by MXM. They are not franchisees, joint venture, partners, employees or agents of MXM and are prohibited from stating or implying, whether orally or in writing, otherwise. Members have no authority to bind MXM to any obligation. MXM is not responsible for payment or co-payment of any employee benefits. Members are responsible for liability, health disability and worker's compensation insurance. Members set their own hours and determine how to conduct business, subject to the MXM Agreement, Policies & Procedures and Terms & Conditions.

1.09 INTERNAL REVENUE CODE

As independent contractors, Members will not be treated as franchisees, owners, employees or agents of MXM for federal or state tax purposes including, with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Act, State Unemployment Acts or any other federal, state, or local statute, ordinance, rules or regulations.

1.10 TAXATION

Members are responsible for any and all taxes payable in their particular resident domicile or jurisdiction for any income received either from MXM or any programs promoted via MXM.

1.11 LEGAL COMPLIANCE

Members must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their MXM business. Members are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.

1.12 NO EXCLUSIVE TERRITORIES

No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on sponsoring or selling above and beyond the around two hundred countries and territories within which our payment processors allow payment transactions.

 

SECTION TWO: TERM & RENEWAL

 

2.01 TERM

The Agreement shall have a term which shall begin on the date of acceptance by MXM and continue for the life of the business. However, at any time of their choosing, Members may voluntarily terminate their Member relationship with MXM, and thereby lose their Member entity, all sponsorship rights, their positions in the Compensation Plans and all rights to commissions and bonuses.

2.02 RENEWAL

Members pay US$20 per month to join MXM. No further fees are ever necessary.

 

SECTION THREE: SPONSORSHIP

 

3.01 SPONSORING

Paid Members may sponsor other Members into MXM. Members must ensure that each potential new Member has reviewed and has had access to the current Policies & Procedures and Terms & Conditions prior to joining MXM.

3.02 TRAINING REQUIREMENT

A Sponsor should maintain an ongoing professional leadership association with Members in his or her organization and should fulfill the obligation of performing a bona fide supervisory function in the sale of products.

3.03 INCOME CLAIMS

Members must truthfully and fairly describe the MXM Compensation Plan. No past, potential or actual income claims may be made to prospective Members, nor may Members use their own incomes as indications of the success assured to others. Members may not guarantee commissions or estimate expenses to prospects.

3.04 TRANSFER OF SPONSORSHIP

The company does not permit the transfer of sponsors. Network marketing is a business of creating relationships. Once a Member is sponsored, the company believes in maximum protection of that relationship. The only exception is upon prior written approval of MXM to correct ethical violations as determined at the sole discretion of MXM.

3.05 CROSS SPONSORING

Members may not sponsor, nor attempt to sponsor, any non personally sponsored distributors in any other network marketing company. In addition, no Member may participate in any action that causes another Member to be sponsored through someone else into another network marketing company.

 

SECTION FOUR: RESIGNATION/TERMINATION

 

4.01 VOLUNTARY RESIGNATION

Member may voluntarily terminate his or her Member status by sending written notice of such resignation or termination to MXM. Voluntary resignation is effective upon receipt of such notice by MXM Corporate.

4.02 SUSPENSION

Member may be suspended for violating the terms of his or her Agreement, which includes these Policies & Procedures and Terms & Conditions and other documents produced by MXM. When a decision is made to suspend Member, MXM will inform the Member in writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Member's email address on file pursuant to the notice provisions contained in the Policies & Procedures and Terms & Conditions. Such suspension may or may not lead to termination of the Member as so determined by MXM at its sole discretion. If the Member wishes to appeal, MXM must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. MXM will review and consider the suspension and notify the Member in writing of its decision within fifteen (15) days after receipt of the appeal. The decision of MXM will be final and subject to no further review. MXM may take certain action during the suspension period, including, but not limited to, the following:

a) Prohibiting the Member from holding himself or herself as Member or using any of the MXM proprietary marks and/or materials;

b) Withholding commissions and bonuses that are due the Member during the suspension period;

c) Prohibiting the Member from purchasing services and products from MXM;

d) Prohibiting the Member from sponsoring new Members, contacting current Members or attending meetings of Members.

If MXM, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Member has occurred, the suspended Member may be terminated.

4.03 TERMINATION

Member may be immediately terminated for violating the terms of his or her Agreement, which includes these Policies & Procedures and Terms & Conditions and other documents produced by MXM upon written notice. MXM may terminate a violating Member without placing the Member on suspension, at the sole discretion of MXM. When the decision is made to terminate Member, MXM will inform the Member in writing at the email address in the Member's file that the termination has occurred.

4.04 APPEAL

If Member wishes to appeal the termination, MXM must receive the appeal in writing within fifteen days from the date of notice of termination. If no appeal is received within the fifteen day period, the termination will automatically be deemed final. If Member files a timely notice of appeal, MXM will review the appeal and notify the Member of its decision within fifteen days after receipt of the appeal. The decision of MXM will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.

4.05 EFFECT OF TERMINATION

Immediately upon termination, the terminated Member:

a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of MXM.

b) Must cease representing themselves as Member of MXM;

c) Loses all rights to his or her Member position in the Compensation Plan and to all future commissions and earnings resulting there from;

d) Must take all action reasonably required by MXM relating to protection of MXM confidential information. MXM has the right to offset any amounts owed by Member to MXMy including, without limitation, any indemnity obligation incurred, from commissions or other compensation due to the Member.

4.06 REAPPLICATION

The acceptance of any reapplication of a terminated Member or the application of any family member of a terminated Member shall be at the sole discretion of MXM and can be denied.

4.07 STATE OR COUNTRY LAWS

Where state or country laws on termination are inconsistent with this policy, the applicable state or country law shall apply.

 

SECTION FIVE: TRANSFERABILITY

 

5.01 ACQUISITION OF BUSINESS

Any Member desiring to acquire an interest in another Member's business must first terminate his or her Member status before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by MXM in advance.

5.02 TRANSFERS OF MEMBERSHIPS

Except as expressly set forth herein, Member may not sell, assign or otherwise transfer his or her Member entity (or rights thereof) to another Member or to an individual which has an interest in Member entity. Notwithstanding the foregoing, Member may transfer his or her Member entity to his or her sponsor, subject to the conditions of Section 5.03. In such an event, the sponsor's entity and the transferring Members entity shall be merged into one entity.

5.03 CONDITIONS TO TRANSFERABILITY

Members may not sell, assign, merge or transfer his or her Member entity (or rights thereto) without the prior written approval of MXM and compliance with the following conditions:

a) MXM possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Member entity. Member wishing to sell, assign, transfer or merge his or her Member entity must first provide MXM with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. MXM will advise the Member within ten business days after receipt of such notice of its decision to accept or reject the offer. If MXM fails to respond within the ten day period or declines such offer, the Member may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to MXM to any person or entity who is not Member, married to, or a dependent of Member or who has any interest in Member;

b) The selling Member must provide MXM with a copy of all documents which detail the transfer, including, without limitation, the name of the purchaser, the purchase price and terms of purchase and payment;

c) An office administration transfer fee of US$20 payable to MXM must accompany the transfer documents;

d) The documents must contain a covenant made by the selling Member for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Member for a period of twelve months from the date of the sale or transfer;

e) Upon a sale, transfer or assignment being approved in writing by MXM, the buying Member must assume the position and terms of agreement of the selling Member and must execute a current Agreement and all such other documents as required by MXM;

f) MXM reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. MXM reserves the right to disapprove any sale or transfer, where allowed by law.

5.04 CIRCUMVENTION OF POLICIES

If it is determined, at the sole discretion of MXM, that Member entity was transferred in an effort to circumvent compliance with the Agreement, the Policies & Procedures or Terms & Conditions, the transfer will be declared null and void. The Member entity will revert back to the transferring Member, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at the sole discretion of MXM, appropriate action, including, without limitation, termination, may be taken against the transferring Member to ensure compliance with the Policies & Procedures and Terms & Conditions.

5.05 SUCCESSION

Notwithstanding any other provision of this Section, upon the death of Member, the Membership will pass to his or her successors in interest as provided by law. However, MXM will not recognize such a transfer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, will, trust or other instrument required by MXM. The successor will thereafter be entitled to all the rights and be subject to all the obligations of a MXM Member.

 

SECTION SIX: PROPRIETARY INFORMATION

 

6.01 CONFIDENTIALITY AGREEMENT

During the term of the Agreement, MXM may supply to Members confidential information, including, but not limited to genealogy reports, customer lists, customer information developed by MXM or developed for and on behalf of MXM by Members (including, but not limited to, credit data, customer and Member profiles and product purchase information), Member lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which MXM may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to MXM and is transmitted to Members in strictest confidence on a “need to know” basis for use solely in Members business with MXM. Members must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use this information for any non-company activity directly or indirectly while a Member and thereafter. Members must not use the information to compete with MXM or for any purpose other than promoting the MXM program. Upon expiration, non-renewal or termination of the Agreement, Members must discontinue the use of such confidential information and promptly return any confidential information in their possession to MXM.

6.02 VENDOR CONFIDENTIALITY

MXM business relationships with its vendors, manufacturers and suppliers are confidential. Members must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of MXM except at MXM sponsored events at which the supplier or manufacturer is present at the request of MXM.

6.03 COPYRIGHT RESTRICTIONS

With respect to product purchases from MXM, Members must abide by all manufacturers' use restrictions and copyright protections.

6.04 COPYRIGHT

The MXM program and materials in its entirety are copyrighted by James Lee Valentine, the founder of MXM. Therefore, unless covered by a separate agreement entered into and signed by James Lee Valentine, no parts of this program and materials may be changed in any format, sold independently, or used in any way other than what is outlined within the MXM program and materials. All branding, logos and graphics contained within MXM websites and materials are copyrighted. Distribution or copying of such content is expressly prohibited unless the content says otherwise.

 

SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING

 

7.01 TRADEMARKS

MXM trademarks, service marks and copyrighted materials are owned by MXM Corporate and James Lee Valentine. The use of such marks and materials must be in strict compliance with these Policies & Procedures. The following names are all trademarked by James Lee Valentine and are synonymous with the MXM program: MXM, MillionaireX, Fast Money, MX, Millionizer, Empowered Millionaire, Powerizer, Pure Power Videos,  Power Library. Their use by any member of MXM is strictly limited to the MXM program.

7.02 ADVERTISING & PROMOTIONAL MATERIALS

Only the promotional and advertising materials produced by MXM or approved in advance in writing by MXM may be used to advertise or promote a Member's business or to sell products of MXM. The literature and materials of MXM may not be duplicated or reprinted without prior written permission.

7.03 USE OF COMPANY NAME

Members may use the name of MXM only in the following format: “Member of MXM”.

7.04 STATIONERY AND BUSINESS CARDS

Members are permitted to create their own stationery, business cards or letterhead graphics, but only the approved graphics and wording of MXM are permitted.

7.05 ELECTRONIC ADVERTISING

Members may freely advertise or promote their Member business. However they may not advertise or promote or use the MXM or MXM name in any electronic media or transmission, including on the internet via websites or otherwise, without the prior written approval of the MXM legal department.

7.06 ONLINE SOCIAL MEDIA

Members may not join social media websites, or any online programs, using the MXM or MXM name as their joining or member profile name, without the prior written approval of the MXM legal department. If the Member is caught using the MXM or MXM name, he/she must immediately consign the rights to that member profile to MXM and/or James Lee Valentine.

7.07 TELEPHONE LISTING

Members are not permitted to use the MXM trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. Members are not permitted to list their telephone numbers under the MXM trade name without first obtaining prior written approval from MXM. If approval is granted for an “800” listing, it must be stated in the following manner: “Member of MXM”.

7.08 TELEPHONE ANSWERING

Members may not answer the telephone by saying “MXM,” or in any other manner that would lead the caller to believe that he or she has reached the offices of MXM.

7.09 IMPRINTED CHEQUES/CHECKS

Members are not permitted to use MXM trade name or any of its trademarks or service marks on their business or personal cheque/check accounts.

7.10 MEDIA INTERVIEWS

Members are prohibited from granting radio, television, newspaper tabloid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize MXM, its products or MXM businesses, without the express prior written approval of MXM. All media inquires should be in writing and referred to the corporate office, legal department of MXM.

7.11 ENDORSEMENTS

No endorsements by a MXM officer or administrator or third party may be asserted, except as expressly communicated in MXM literature and communications. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Members may not represent or imply, directly or indirectly, that the programs, products or services of MXM have been approved or endorsed by any governmental agency.

7.12 RECORDINGS

Members may not produce or reproduce for sale products sold by MXM or any MXM produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of MXM meetings and conferences is strictly allowed for personal use only.

7.13 REPACKAGING PROHIBITED

Members may not repackage products or materials of MXM.

7.14 INDEPENDENT COMMUNICATIONS

Members, as independent contractors, are encouraged to distribute information and direction to their respective team members. However Members must identify and distinguish between personal communications and the official communications of MXM.

 

SECTION EIGHT: PAYMENT OF COMMISSIONS

 

8.01 BASIS FOR COMMISSIONS

Commissions are allocated only on the sale of the MXM product. No commissions are paid on the purchase of sales materials or for just sponsoring Members. All new Members should join MXM first and foremost because of the product.

8.02 COMMISSION PAYMENTS FREQUENCY

Commissions are paid automatically by the MXM proprietary software on an instantaneous basis --- meaning that as soon as a commission is earned it is allocated to the account of the respective earning Member, who may then immediately claim it from his or her MXM back office.

8.03 OFFSET OF COMMISSIONS

MXM has a ZERO REFUNDS policy, which is detailed within this Policies & Procedures document. However, any commissions or bonuses earned and paid on membership or product refunds is the obligation of the earning Members and must be repaid to MXM by the Members earning such commissions. MXM has the right to offset such amounts against future commissions and other compensation paid or owed to such Members who received commissions.

 

SECTION NINE: PURCHASE & SALE OF PRODUCTS

 

9.01 POWERIZER PRODUCT
 
MXM is the exclusive retailer of the POWERIZER product for personal and financial empowerment within the network marketing arena. The information contained within these materials is strictly for personal growth and coaching and educational purposes. Therefore, if anyone wishes to apply any of the strategies and principles to their own life, they are taking full responsibility for their own actions and results.

9.02 MULTIPLE PURCHASE RULES

The success of MXM depends on retail sales to the ultimate consumer of the product. However, MXM strictly prohibits the multiple sales of the same products to the same consumer only or primarily to qualify for compensation.

9.03 RETAIL SALES RULES

If MXM determines that retail sales were not actually made, the Member must repay MXM all commissions earned during the calendar period in which the retail sales were purported to have been made.

9.04 ORDERING METHODS

All orders submitted to MXM other than via the automated online systems shall have a Member Identification Number placed thereon to assist MXM in crediting the appropriate Member.

9.05 PAYMENT OPTIONS

Membership purchases are to be paid solely via the approved payment portals of MXM. Orders for products are not effective until accepted by MXM.

9.06 PRODUCT DELIVERY

Payment for the product shall be made at the time of order. Upon clearance of payment, delivery of the product ordered shall commence. The 
POWERIZER product is delivered via email on a daily basis. The first email is sent to the consumer starting within one (1) business day of receipt of their product payment.

9.07 PRICING POLICY

The price for the MXM membership is US$20 per month and is not intended to change. However, always in the best interests of the Members, MXM reserves the right to amend the Agreement, Policies & Procedures, Terms & Conditions, its retail prices, membership cost and duration, product and service availability, and the Compensation Plan types at any time without prior notice as it deems appropriate.

9.08 PROMOTIONAL ITEMS

All promotional items which bear the MXM name or logo must be purchased solely from MXM unless prior written permission is obtained from MXM.

9.09 PRODUCTS & SERVICES CLAIMS

Members may make no claim, representation or warranty concerning any product or service of MXM, except those expressly approved in writing by MXM or contained in official MXM materials.

9.19 SPAMMING

Unsolicited e-mailing (SPAMMING) is prohibited. See our SPAM POLICY for more details.

 

SECTION TEN: MEMBER GUARANTEE & REFUND POLICY

 

10.01 MXM ZERO REFUNDS POLICY

MXM offers a ZERO REFUNDS POLICY to all members. This is foremost because new member positions are allocated instantaneously and commissions on all joining fees are paid instantly as soon as the joining fee payment is received. Secondly, all members of MXM receive the 
POWERIZER product every day after joining. Therefore, as our systems are fully automated and irrevocable, no refunds shall be made.

To repeat: MXM offers no refunds. So please do not join MXM if this zero refunds policy is not agreeable to you or if the sum of US$20 per month will place you under any form of financial distress or is beyond your fiscal means at this time.

 

MXM also has a ZERO CHARGE-BACKS POLICY on all credit card transactions. So if you decide to join MXM using a credit card, please understand that this is a final and irrevocable transaction. This means that even if you choose to dispute your US$20 payments with your credit card company, your dispute will fail. This is because during the joining process, you will be required to waive your charge-back rights by way of agreeing to the Terms and Conditions policy of MXM.

 

Bottom line: If you are in any way unsure about paying the US$20 per month membership fee, please walk away at this time. The founders of MXM are aiming for this program to be here for the long haul, so you may always come back and check out this opportunity at a later date once your financial situation has already improved.

 

10.02 DO NOT JOIN MXM IF ANY OF THESE APPLY TO YOU:

1) You have no interest in furthering your own personal success.
2) You have no access to an internet enabled computer or mobile device.
3) You lack basic computer knowledge or lack the willingness to learn.
4) Purchasing the product at US$20 per month would cause you financial hardship.
5) You do not agree with the ‘ZERO REFUNDS POLICY’ of MXM.
6) You do not agree with the ‘ZERO CHARGE-BACKS POLICY’ of MXM.

10.03 WARRANTIES

Except as expressly stated herein, MXM makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through MXM.

 

SECTION ELEVEN: MXM PAYMENT PORTALS

 

11.01 MXM uses PAYZA and SOLIDTRUSTPAY and OKPAY as our primary payment portal provider of choice.

11.02 Members of MXM are required to set up a PAYZA or SOLIDTRUSTPAY or OKPAY account for sending funds for the one-time joining fee and for receiving funds for the commissions.
PAYZA or SOLIDTRUSTPAY or OKPAY accounts are free to set up.

11.03
PAYZA or SOLIDTRUSTPAY or OKPAY transaction fees incurred during payment of any Member purchases to MXM will be absorbed by MXM. PAYZA or SOLIDTRUSTPAY or OKPAY transaction fees for receiving any commissions from MXM will be absorbed by the Members receiving the commissions.

11.04 Payment Processor Disclaimer: MXM and
PAYZA and SOLIDTRUSTPAY and OKPAY are separate independent entities. Any funds in a Member’s PAYZA or SOLIDTRUSTPAY or OKPAY account are the full responsibility of the Member and PAYZA and SOLIDTRUSTPAY and OKPAY. They are in no way the responsibility of MXM in any manner.

11.05 PAYZA is a Canadian registered corporation and a United States registered corporation and complies with the regulations of the OSFI (Office of the Superintendent of Financial Institutions, Canada), FINTRAC (Financial Transactions and Reports Analysis Centre of Canada) and FinCEN (Financial Crimes Enforcement Network). All monies deposited with PAYZA are FDIC (Federal Deposit Insurance Corporation) and CDIC (Canada Deposit Insurance Corporation) pass-through insured in the U.S.A. and Canada, and are held with federally chartered and regulated banks.

11.06 MXM may change the payment portal provider of choice or elect to use various other payment portal methods at its discretion for receiving funds for the products and for sending funds for the commissions. Notice via email and also posted in the Members Area will be given to the Members of any changes regarding the status of any payment portals and payment methods.

 

SECTION TWELVE: GENERAL PROVISIONS

 

12.01 INDEMNITY AGREEMENT

Member agrees to indemnify and hold harmless MXM, its shareholders, officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Members (a) activities as Member; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.

12.02 PROCESSING CHARGES

MXM has a policy of zero extra fees above the one-time joining fee. However, MXM reserves the right to institute a processing charge for unique requests by any Member.

12.03 OTHER SERVICES & PRODUCTS

Members may not promote or sell another company's products or services at functions organized to feature the MXM program. Members are not restricted from selling other company's services and products which are not similar to or competitive with the products of MXM. However promotion of competitive services, products and/or business programs with anyone, including Members, is strictly prohibited.

12.04 LIABILITY

To the extent permitted by law, MXM shall not be liable for, and each Member releases MXM from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Member as a result of (a) the breach by Member of the Agreement and/or the Terms & Conditions and/or the Policies & Procedures; (b) the operation of Member's business; (c) any incorrect or wrong data or information provided by Member; or (d) the failure to provide any information or data necessary for MXM to operate its business, including, without limitation, the enrollment and acceptance of Member into the Compensation Plan or the payment of commissions and bonuses.

12.05 RECORDKEEPING

MXM encourages all Members to keep complete and accurate records of all their business dealings.

12.06 FORCE MAJEURE

MXM shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, tsunami, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party's usual source of supply.

12.07 VIOLATIONS

It is the obligation of every Member to abide by and maintain the integrity of the Policies & Procedures and Terms & Conditions. If a Member observes another Member committing a violation, he or she should discuss the violation directly with the violating Member. If the Member wishes to report such violation to MXM, he or she must detail violations in writing only and mark the correspondence “Attention: MXM Legal Department”.

12.08 AMENDMENTS

MXM reserves the right to amend the Agreement, Policies & Procedures, Terms & Conditions, its retail prices, membership cost and duration, product and service availability and the Compensation Plan types at any time without prior notice as it deems appropriate. Amendments will be communicated to Members through the official MXM website and or official MXM publications. Amendments are effective and binding upon submission to the MXM website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control.

12.09 NON-WAIVER PROVISION

No failure of MXM to exercise any power under these Policies & Procedures or to insist upon strict compliance by Member with any obligation or provision herein, and no custom or practice of the parties at variance with these Policies & Procedures, shall constitute a waiver of MXM's right to demand exact compliance with these Policies & Procedures. MXM's waiver of any particular default by Member shall not affect or impair the rights of MXM with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Member. No delay or omissions by MXM to exercise any right arising from a default effect or impair the rights of MXM as to that or any subsequent or future default. Waiver by MXM can be affected only in writing by an authorized officer of MXM.

12.10 GOVERNING LAW

The Agreement and these Policies & Procedures shall be governed by the laws of the British Virgin Islands.

12.11 DISPUTES

In the event a dispute arises between MXM and a Member regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the Member Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the British Virgin Islands with arbitration to occur at the British Virgin Islands. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney’s fees and costs to the prevailing party. An award of attorney’s fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.

12.12 ENTIRE AGREEMENT

The MXM Policies & Procedures are incorporated into the Agreement and, along with the MXM Terms & Conditions and MXM Earnings Disclaimer and MXM Spam Policy and MXM Privacy Policy, constitute the entire Agreement of the parties regarding their business relationship.

12.13 SEVERABILITY

If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies & Procedures and Terms & Conditions, or any specification, standard or operating procedure which MXM has prescribed is held to be invalid or unenforceable, MXM shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Member shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.

12.14 LIMITATION OF DAMAGES

To the extent permitted by law, MXM and its Members, officers, directors, employees and other representatives, shall not be liable for, and Member hereby release the foregoing from, and waive any claim for loss of profit, incidental, special, consequential or exemplary damages which may arise out of any claim whatsoever relating to MXM performance, nonperformance, act or omission with respect to the business relationship or other matters between any company and MXM, whether sounding in contract tort or strict liability. MXM shall not exceed and is hereby expressly limited to the amount of any commissions owed to the Member.

12.15 NOTICE

Any communication, notice or demand of any kind whatsoever which either the Member or MXM may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.

12.16 MXM: TIME ZONE

MXM operates on Eastern Standard Time (EST). All online transactions are calculated using EST from 00:00:00 hours on the first day of the month to 23:59:59 hours on the last day of the month, every month, every year.


12.17 DO NOT JOIN MXM IF ANY OF THESE APPLY TO YOU:

1) You have no interest in furthering your own personal success.
2) You have no access to an internet enabled computer or mobile device.
3) You lack basic computer knowledge or lack the willingness to learn.
4) Purchasing the product at US$20 per month would cause you financial hardship.
5) You do not agree with the ‘ZERO REFUNDS POLICY’ of MXM.
6) You do not agree with the ‘ZERO CHARGE-BACKS POLICY’ of MXM.


12.18 MXM REGISTERED OFFICE

MillionaireX7 Global Incorporated
Mill Mall Tower, 2nd Floor
Wickhams Cay 1
Road Town
Tortola
British Virgin Islands 1110
Email: admin@mxmonthly.com

 
Note: This policy document along with all policy documents within our website must be reviewed and approved prior to use for your particular purpose. No statement of legality or compliance with any regulatory agencies is made in providing you with this document.

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