1.1 Mutual Commitment Statement
- In the spirit of mutual respect The Gold Diggers Association is committed to:
The Gold Diggers Association in return, expects that its Members will:
- Provide prompt, professional and courteous service and communications to all of its Members and Customers.
- Provide the highest level of quality products, at fair and reasonable prices.
- Exchange or refund the purchase price of any product, service or membership as provided in our Return Policy.
- Deliver orders promptly and accurately.
- Pay Profit-Sharing accurately and on a timely basis.
- Expedite orders if an error or unreasonable delay occurs.
- Roll out new products and programs with Member input and planning.
- Implement changes in the Compensation Plan or Policies and Procedures that affect the Member with input from the Members
- Support, protect and defend the The Gold Diggers Association Business Opportunity
- Offer Members of The Gold Diggers Association with such growth guided by the principles of Servant Leadership.
- Conduct themselves in a professional, honest, and considerate manner.
- Present The Gold Diggers Association Corporate and product information in an accurate and professional manner.
- Present the Compensation Plan and Return Policy in a complete and accurate manner.
- Not make exaggerated income claims.
- Make reasonable effort(s) to support and train Members and Customers in their downline.
- Not engage in cross-line recruiting, unhealthy competition or unethical business practices.
- Provide positive guidance and training to Members and Customers in their downline while exercising
caution to avoid interference with other downlines. As such, a Member is discouraged from providing
cross-line training to a Member or Customer in a different organization without first obtaining consent
of the Member’s or Customer’s upline sponsor.
- Support, defend the Gold Diggers Association Business Opportunity
- Accurately complete and submit the Member Agreement and any requested supporting documentation in a timely manner.
1.2 Gold Digger Association Policies and Compensation Plan Incorporated into the Member
- Throughout these Policies, when the term “Gold Diggers Association" is used, it collectively refers to The Gold Diggers Association, these Policies and Procedures, and The Gold Diggers Association Compensation Plan.
- The most current version of these Policies and Procedures are available on The Gold Diggers Association website and should be read by the potential member before joining.
1.3 Purpose of Policies
- The Gold Diggers Association is a membership sales company that markets products and services through a company sponsored website.
Members should refer those with questions about products or the marketing plan to the Website.
The Gold Diggers Association defines the relationship between Members and The Gold Diggers Association to explicitly set a standard acceptable business conduct, The Gold Diggers Association has established these
Policies and Procedures.
- (i)The Gold Diggers Association Members are required to comply with The Gold Diggers Association's Terms and Conditions found within the Member Agreement, which The Gold Diggers Association
may amend from time to time in its sole discretion; (ii) all Federal, Provincial, Territorial, and/or laws governing his, her and/or and The Gold Diggers Association and (iii)
these Policies and Procedures>
- The Gold Diggers Association Members must review the information in these Policies and Procedures carefully.
Should a Member have any questions regarding a policy or rule, the Member is encouraged to seek an answer directly from The Gold Diggers Association Customer Service and not rely upon any other
1.4 Changes, Amendments, and Modifications
- Federal, State, and local laws, as well The Gold Diggers Association's policies and procedures perodically change, The Gold Diggers Association reserves the right to ammend this Agreement
and the prices in The Gold Diggers Association Product List in its sole and absolute discretion.
The Gold Diggers Association's amendments shall appear in Official Gold Diggers Association Materials. This provision does NOT apply to the arbitration clause found in Section 13,
which can only be modified via mutual consent.
- Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:
- Posting on the official Gold Diggers Association website;
- Electronic mail); or
- Through the Eco-Nomix newsletters or other Eco-Nomix communication channels.
The Gold Diggers Association shall not be responsible for delays or failures in performance of its obligations
when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes,
labor difficulties, transportation difficulties, riot, war, fire, and/or weather, curtailment of a source of supply,
or government decrees or orders.
1.6 Effective Date
These Policies and Procedures shall become effective as of June 1st, 2018 and, at such time,
shall automatically supersede any prior Policies and Procedures (the “old Policies and Procedures”), and, on that date,
the old Policies and Procedures shall cease to have any force or effect.
2.0 BASIC PRINCIPLES
2.1 Becoming A Gold Diggers Association Member
To become a Member, an applicant must comply with the following requirements:
- Be of the age of majority (not a minor) in his or her state of residence.
- Reside or have a valid address where materials may be sent.
- Have a valid Social Security Number, Federal Tax Identification Number or submit a fully executed IRS W8 or equivalent if living outside the US.
- Submit a completed and electronically signed Member Agreement to Eco-Nomix through its website.
2.2 New Member Registration
- A new Member will self-enroll on the Sponsor’s website. The Gold Diggers Association will accept the Web-enrollment and Member Agreement by accepting
the “electronic signature” stating the new Member has accepted the Terms and Conditions and Member Agreement. Please note that
such electronic signature constitutes a legally binding agreement between The Gold Diggers Association and the member.
- The Gold Diggers Association reserves the right to require signed paperwork for a Gold Diggers Association account, regardless of origin.
- If requested the signed Member Agreement must be received by The Gold Diggers Association within 14 days of enrollment.
- Signed documents, including, but not limited to, Member personal agreements, are legally binding contracts which must not be altered,
tampered with or changed in any manner after they have been signed. False or misleading information,
forged signatures or alterations to any document, including business registration forms, made after a document
has been signed may lead to sanctions, up to and including involuntary termination of the Member’s position.
2.3 Rights Granted by The Gold Diggers Association
The Gold Diggers Association hereby grants to the Member a non-exclusive right, based upon the Terms and Conditions contained in the Member Agreement and
these Policies and Procedures, to:
- Purchase of The Gold Diggers Association membership, products and services
- new Members and Customers in the United States and in countries where The Gold Diggers Association may become established after the effective date of these Policies and Procedures.
2.4 Identification Numbers
- Each member is required to provide his or her Social Security Number, or Federal Tax Id Number, if located withing the United States or
any of its territories, to the Gold Diggers Association on the The Gold Diggers Association website. Equivalent documentation will be required from those outside of the US.
The Gold Diggers Association reserves the right to withhold payments to Members who fails to provide such information or who provides false information to The Gold Diggers Association
- Upon enrollment, The Gold Diggers Association will provide an Gold Diggers Association Identification Number to the Member. This number will be used to place orders,
structure organizations, and track Awards and Profit-Sharing.
2.5 Renewals and Expiration of the Member Agreement
- There are no renewal fees or purchase requirements for members to maintain their membership.
- There is no annual fee for the Debit card once it has been issued.
- Any Member who was terminated is not eligible to re-apply for an The Gold Diggers Association Membership for 12 months following the Termination of the Member Agreement.
- The downline of the terminated Member will roll up to the immediate, upline Sponsor.
2.6 Business Entities
- A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be an Gold Diggers Association Member.
This Member business and position will remain temporary until the proper documents are received. The Business Entity must submit one of
the following documents: Certificate of Incorporation, Articles of Organization, Partnership agreement or appropriate Trust documents.
The Gold Diggers Association must receive these documents within 14 days from the date the Member Agreement was signed.
- A Gold Diggers Association Member may change their status under the same Sponsor from an individual to a partnership, LLC, corporation,
trust or from one type of business entity to another.
2.7 Independent Business Relationship; Indemnification for Actions
- The The Gold Diggers Association Member is an independent contractor, a purchaser of a franchise or business opportunity.
Therefore, each Member’s success depends upon his or her individual efforts.
- The Agreement between The Gold Diggers Association and its Members does not create an Employer/employee relationship, agency,
partner or joint venture between the Gold Diggers Association and the Member>
- An The Gold Diggers Association Member shall not be treated as an employee of The Gold Diggers Association for any purpose including, without limitation, for Federal, State, or Local tax purposes.
All Members are responsible for paying local, State, Provincial, and Federal tax for all compensation earned as a Member of The Gold Diggers Association. Any compensation
received by Members from The Gold Diggers Association will be governed by the applicable U.S. or Canadian tax laws, or laws of any other applicable jurisdiction.
The Member does not have The Gold Diggers Association's or implied authority to bind The Gold Diggers Association to any obligation or to make any commitments by or on behalf of The Gold Diggers Association.
Each Member, whether acting as management of a Business Entity or represented as an individual, shall establish his or her own goals, hours, methods
of operation and sale, so long as he or she complies with the Terms of the Member Agreement, The Gold Diggers Association's Policies and Procedures and
applicable State, Federal and Provincial laws.
- A The Gold Diggers Association Member is fully responsible for his or her verbal and written communications regarding The Gold Diggers Association's products, services, and the Compensation plan
of The Gold Diggers Association that are not expressly contained within official Gold Diggers Association materials and shall indemnify and hold harmless The Gold Diggers Association, its directors,
officers, employees, product suppliers and agents against all liability including judgments, civil penalties, refunds, attorney fees and
court costs incurred by result of the Member’s unauthorized representations or actions. This Provision shall survive the termination of the The Gold Diggers Association Member Agreement.
2.8 Insurance – Business Pursuits Coverage
The Gold Diggers Association encourages Members to arrange insurance coverage for their business. A homeowner insurance policy does not cover business
related injuries, or the theft of, or damage to, inventory or business equipment. The Gold Diggers Association Members need to contact their insurance
agent to make certain their business property is protected. In most instances, this may be accomplished with a “Business Pursuit”
endorsement to an existing homeowner’s policy.
2.9 Errors or Questions
If a Member has questions and believes any errors have been made regarding Awards or Profit-Sharing, business reports, orders, or charges,
the Member must notify The Gold Diggers Association in writing within 30 days of the date of the error or incident in question. Any such errors, omissions or
problems not reported within 30 days shall be deemed waived by the member
3.0 The Gold Diggers Associations’S Member RESPONSIBILITIES
3.1 Correct Addresses
- It is the responsibility of member or Customer to make sure The Gold Diggers Association has the correct shipping address before any orders are shipped.
- A Member or Customer will need to allow up to 30 days for processing after the notice of address change has been received by The Gold Diggers Association.
- A Member or Customer may be assessed a $20 fee for returned shipments due to an incorrect shipping address.
3.2 Training and Leadership
- Any The Gold Diggers Association Member who Sponsors another Member must perform an authentic assistance and training functions to ensure his or her downline
is properly operating his or her Gold Diggers Association business. Sponsoring Members should have contact and communication with the Members in their
downline organizations. Examples of communication may include, not limited to, written correspondence, telephone, contact,
team calls, voice-mail, e-mail, personal meetings, accompaniment of The Gold Diggers Association Members to The Gold Diggers Association meetings, training sessions and any other related functions.
- A Gold Diggers Association Member should monitor the Members in his or her downline organizations to ensure that downline Members do not make
improper product or business claims, or engage in inappropriate conduct. Upon request, such Member should provide documented evidence to The Gold Diggers Association of
his or her ongoing responsibilities of a Sponsor.
- The Gold Diggers Association Members are encouraged to motivate and train new Members about The Gold Diggers Associations’s products and services, effective Marketing techniques,
the The Gold Diggers Association compensation Plan and compliance with company Policies and Procedures.
- We emphasize that ALL sales of The Gold Diggers Associations’s products and Customers are to be handled by the website.
- Sales Aids – To promote both the products and the opportunity, Members must use the sales aids and support materials produced by The Gold Diggers Association.
If members develop their own sales aids and promotional materials including Internet advertising, notwithstanding Members’ good intentions, they may unintentionally
violate any number of statutes or regulations affecting The Gold Diggers Association's business. These violations, although they may be relatively few in number,
could jeopardize the The Gold Diggers Association opportunity for all Members. Accordingly members must submit all written sales aids, promotional materials,
websites and other literature to The Gold Diggers Association for Company’s approval prior to use. Unless the member receives specific written approval
to use material ,the request shall be deemed denied. All Members of The Gold Diggers Association shall guard and promote the good reputation of The Gold Diggers Association and its products and services.
The marketing and promotion of The Gold Diggers Association, the Gold Diggers Association opportunity, the Award and Profit-Sharing Plan, and The Gold Diggers Association products and services
shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.3 Constructive Criticism
The Gold Diggers Association desires to provide its independent Members with the best products and Award and Profit-Sharing in the industry.
Accordingly The Gold Diggers Association values constructive criticism and encourages the submission of written suggestions in Compliance with the following policies.
- There are no disparaging comments about The Gold Diggers Association, or its products or various opportunities or programs that it reports on, by
the member to The Gold Diggers Association, the
Field or any disruptive behavior at The Gold Diggers Association meetings or events, without purpose other than to dampen the enthusiasm The Gold Diggers Association Members.
The Gold Diggers Association Members must not belittle The Gold Diggers Association, other The Gold Diggers Association Members, products or services, The Gold Diggers Association directors,
officers, or employees, The Gold Diggers Association agents. Such action presents a material breach of these Policies and Procedures and may be subject to
sanctions as deemed appropriate by The Gold Diggers Association.
- The Gold Diggers Association endorses the following code of ethics:
- A Gold Diggers Association Member must show fairness, tolerance, and respect to all people associated with The Gold Diggers Association, regardless of race,
social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
- A Member shall strive to resolve with The Gold Diggers Association issues, including issues with upline and downline Members,
by emphasizing tact, sensitivity, good will and taking care not to create additional prolems.
- Members must remain responsible, professional and conduct themselves with kindness.
- The Gold Diggers Association Members shall not make disparaging statements about The Gold Diggers Association, other Members, The Gold Diggers Association product suppliers or agents,
products, services, The Gold Diggers Association marketing campaigns, or make statements that unreasonably
offend, mislead or coerce others.
- The Gold Diggers Association may take appropriate action against a Member if it determines, in its sole discretion, that a Member’s conduct is detrimental,
disruptive, or injurious to The Gold Diggers Association or to other Members.
3.4 Reporting Policy Violation
- A Member who observes a policy violation by another Member should submit a written and signed letter (e-mail will not be accepted)
of the violation directly to the The Gold Diggers Association offices. The letter shall set forth the details of the incident as follows:
- The nature of the violation;
- Specific facts to support the allegations;
- Number of occurrences;
- Member involved; and
- Supporting documentation
- Once the matter has been presented to The Gold Diggers Association, it will be research thoroughly by the Compliance Department and appropriate action will be taken.
- This section refers to the general reporting of Policy violations as observed members for the mutual effort to support, protect, and
defend the integrity of the Gold Diggers Association business and opportunity. If a Member has a grievance or complaint against another Member
which directly relates to his or her Gold Diggers Association business, the guidelines set forth in these Policies must be followed.
- The Sponsor is the person who introduces a Member or Customer to The Gold Diggers Association, helps them complete their enrollment, and supports
and trains those in The Gold Diggers Association.
- The Gold Diggers Association recognizes the Sponsor as the name(s) shown on the first:
- Physically signed Eco-Nomix Member Agreement on file; or
- Electronically signed member Agreement from a Gold Diggers Associations website.
- Was referenced by the new Member with a Gold Diggers Association Referral Link to access the site
- A member agreement that contains notations such as “by phone” or by other individuals (i.e. The Gold Diggers Association Spouses, relatives, or friends)
is not valid and will not be accepted by The Gold Diggers Association.
- The Gold Diggers Association recognizes that each new prospect has the right to choose his or her own Sponsor, but The Gold Diggers Association will not allow
Members to engage in unethical sponsoring activities.
- All Gold Diggers Association Members in good standing have the right to Sponsor and enroll others into The Gold Diggers Association. While engaged in sponsoring a member,
it is not uncommon to encounter situation where more than one Member will approach the potential member. It is the Gold Diggers Association courtesy that the new prospect
will be sponsored by the first Member who presented a comprehensive introduction to the Gold Diggers Association products or business opportunity.
- A guest of any The Gold Diggers Association Member or Customer who attended an Gold Diggers Association event or conference call shall be considered 'Protected' For 60 days
following the event, a Prospect cannot be solicited or sponsored by another Gold Diggers Association Member who attended the same event. A Gold Diggers Association Event can be
defined as the following:
- Any Gold Diggers Association training session;
- Conference call;
- Fly-in meeting; or
- Presentation, including but not limited to a Gold Diggers Association at home presentation, whether sponsored by The Gold Diggers Association,
a Member, a Customer, or an agent or agency designated by Eco-Nomix.
3.6 Cross Sponsoring Prohibition
“Cross sponsoring” is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity,
that already has a signed Member. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by The Gold Diggers Association,
sanctions up to and including termination of a Member’s position may be imposed.
- The use of a Spouse’s or relative’s names, assumed names, DBA, corporation, partnership, trust, Federal ID numbers, or fictitious ID
numbers to evade or circumvent this Policy is not permitted.
- This Policy does not prohibit the transfer of a Gold Diggers Association account in accordance with The Gold Diggers Association Sale or Transfer as forth in these Policies.
3.7 Adherence to the Eco-Nomix Compensation Plan
- A Member must adhere to the Terms of the Gold Diggers Association Profit-Sharing Plan as set forth in these Policies and Procedures as well as in
The Gold Diggers Association literature. Departure for the Profit-Sharing Plan is prohibited.
- A Member shall not offer the Gold Diggers Association opportunity through, or in combination with, any other system, program, or method of
marketing other than that specifically set forth in official Gold Diggers Association literature.
- A Member shall not require or encourage a current or prospective Customer or Member to participate in The Gold Diggers Association in any manner that varies from the Profit-Sharing plan
as set forth in official Gold Diggers Association literature.
- A Member shall not require or encourage a current or prospective Customer or Member to make a purchase from or payment to any individual
or other entity as a condition to participating in the Gold Diggers Association Profit-Sharing Plan, other than such purchases or payments required to
naturally build their business.
3.8 Adherence to Laws and Ordinances
- Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Members because
of the nature of the business.
However, Members must check their local laws and obey the laws that do affect them.
- A Gold Diggers Association Member shall comply with all Federal, State, Provincial and local laws and regulations
in their conduct of his or her Gold Diggers Association business.
3.9 Compliance with Applicable Tax Laws
- The Gold Diggers Association will automatically provide a complete 1099 Miscellaus Form (nonemployee compensation) for US Members whose earnings for the year
is at least $600, or who received trips, prizes or awards valued at $600 or more. If The Gold Diggers Association purchases are less than stated above,
IRS forms will be sent only at the request of the Member, and $20 may be assessed by Eco-Nomix. T-4’s will be sent to Members who earn more than $500
or who received trips, prizes, or awards valued at $500 or more. The Gold Diggers Association Members are responsible for the payment of taxes on these Profit-Sharing,
or awards provided to them by The Gold Diggers Association. Members who reside outside of the US will be subject to reporting as required for that country.
- A Member accepts sole responsibility for and agrees to pay all Federal, State, Provincial taxes on any income earned as an independent Contractor,
and further agrees to indemnify The Gold Diggers Association from any failure to pay such tax amounts when due.
- If a Member’s business is tax exempt, the Federal Tax Identification number must be provided to The Gold Diggers Association in writing.
The Gold Diggers Association encourages all Members to consult with a tax advisor for additional information about their business.
3.10 Single Gold Diggers Association account per Individual
A Member may operate or have an ownership in a Gold Diggers Association account as the legal or equitable,
as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Gold Diggers Association position. A Household may contain multiple Gold Diggers Association Account holders who are independent. A “Household” is defined
as all individuals who are living at or doing business at the same address, and who are related by blood, marriage, domestic, or
adoption, or who are living together as a family unit or in a family-like setting.
3.11 Actions of Household Members or Member Parties
If any member of an immediate household engages in any activity which, if performed by the Member, would violate
any provision of the Agreement, such activity will be deemed a violation by the Member and The Gold Diggers Association may take disciplanary action pursuant to these
Policies and Procedures against the Member. Similarly, if any individual is associated in any way with a corporation, partnership, LLC, trust
or other entity (collectively “Business Entity”) and violates the Agreement, such action(s) will be deemed a violation by the Business and The Gold Diggers Association
may take disciplinary action against the Business Entity. Likewise, if a Member enrolls in The Gold Diggers Association as a Business Entity, each Member Party
of the Business Entity shall be personally and individually bound to, and shall comply with, the Terms and Conditions of the Agreement.
3.12 Solicitation for Other Companies or Products
- A Gold Diggers Association Member may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities.
However, during the Term of this Agreement and for one (1) year thereafter, a Gold Diggers Association Member may not recruit any Gold Diggers Association Member or Customer for
any other direct sales or networking business, unless that Member or Customer was personally sponsored by such Member.
- The term “recruit” means actual or attempted solicitation, enrollment or agreement, or effort to influence in any other way
(either directly or through a third party), another Member or The Gold Diggers Association to enroll or participate in any network marketing opportunity.
This conduct represents recruiting even if the Member’s actions are in response to an inquiry made by another Member or Customer.
- During the term of this Agreement and for a period of six (6) months thereafter a Gold Diggers Association Member must not sell, or entice others to sell,
any competing products or services, including training materials, to other Gold Diggers Association customers or Members. Any product or service in the
same category as a Gold Diggers Association product or service is deemed to be competing (i.e., any competing product or service regardless of
differet cost or quality. This provision does not apply to services which are outside of the primary scope of The Gold Diggers Association.
- A Member may not display or bundle The Gold Diggers Association products or services, The Gold Diggers Association Literature, on a website
to avoid confusing or misleading The Gold Diggers Association Customers or Members into believing there is a relationship between The Gold Diggers Association and non-The Gold Diggers Association products and services.
- A member shall not offer any non-The Gold Diggers Association opportunity, products at any The Gold Diggers Association meeting, seminar or convention, or immediately following a Gold Diggers Association event.
- A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interfere with The Gold Diggers Association and its Members
and would inflict irreparable harm on The Gold Diggers Association. In such event, The Gold Diggers Association may, at its sole discretion, impose any sanction it deems appropriate
against such Member or such Member’s positions including termination, or seek immediate injunctive relief without the necessity of posting a bond.
3.13 Presentation of the Eco-Nomix Opportunity
In presenting the Gold Digger's opportunity to potential Customers and Members, a Gold Diggers Association member required to comply with
the following provisions:
- A Member shall make it clear that success can be achieved only through substantial independent efforts.
- Members shall not make any unauthorized income projections, claims, or guarantees while presenting The Gold Diggers Association out side of published examples including the assumptions
- A Member may not make any claims regarding products or services of any product marketing The Gold Diggers Association, except those contained in official Gold Diggers Association literature.
- A Member may not use official GOLD Diggers Association material to promote the The Gold Diggers Association business opportunity in any country where The Gold Diggers Association has not established a “presence.”
- In an effort to conduct best business practices, The Gold Diggers Association has developed the Income Disclosure Statement (“IDS”). The Gold Diggers Association IDS is designed to
convey truthful, timely, and comprehensive information regarding the Profit-Sharing that that The Gold Diggers Association Members may earn from any referenced opportunity or program. In order to accomplish this
objective, a copy of the IDS must be presented to all prospective Members.
- A copy of the IDS must be presented to a prospective Member anytime the Profit-Sharing Plan is presented or discussed, or any type of income claim
or earnings representation is made.
- The terms “income claim” and/or “earnings representation” (collectively “income claim”) include;
- statements of average earnings,
- statements of non-average earnings,
- statements of earnings ranges,
- income testimonials,
- lifestyle claims,
- hypothetical claims.
- Examples of “statements of non-average earnings include, “Our number one Gold Diggers Association member earned over a million dollars last year” or
“Our average ranking Member makes five thousand dollars per month.”
- An example of The Gold Diggers Association “statement of earnings ranges” is “The monthly income for our higher ranking Members is ten thousand dollars on the low end
to thirty thousand dollars a month on the high end.”
3.14 Deposit Requirements for KineticGold are Governed by the KineticGold Profit Sharing Plan
- The Gold Diggers Association Members may purchase Gold Diggers Association products for there own use and are not for the purpose of resale other than at The Gold Diggers Association standard Pricing.
There are no exclusive The Gold Diggers Association prices granted to anyone. No franchise fees are applicable to a Gold Diggers Association business.
Members should purchase only those products that they need or can utilize personally. Each member has direct access to products through the website.
4.1 General Order Policies
- “Bonus Buying” is strictly and absolutely prohibited and includes;
- the enrollment of individuals or entities without the knowledge of
and/or execution of an Agreement by such individuals or Business Entities;
- for fraudulent enrollment of an individual or entity as a Member or Customer;
- the enrollment or attempted enrollment of non-existent individuals as Members or Customers (“phantoms”);
- purchasing Gold Diggers Association products or services on behalf of another Gold Diggers Association, or under another Member’s or Customer’s ID number, to qualify for bonuses;
- purchasing excessive Gold Diggers Association products or services that cannot reasonably be used;
- any other mechanism or artifice to qualify for incentives, prizes, commissions that is not driven by bona fide product or service purchases by end user consumers.
- Members shall not use another Member’s or Customer’s credit card or debit checking account to enroll in The Gold Diggers Association or purchase products or services
without the account holder’s written permission. Such documentation must be kept indefinitely in case The Gold Diggers Association needs to reference this.
- Regarding an order with The Gold Diggers Association or incorrect payment, The Gold Diggers Association will attempt to contact the Member by phone, mail or e-mail in order to
obtain another form of payment. If these attempts are unsuccessful after 10 business days, the order will be canceled.
- Prices are subject to change without notice.
- A Member or Customer who is a recipient of a damaged or incorrect order must notify The Gold Diggers Association within 30 calendar days from receipt of the order and follow the Procedures as set forth in these Policies.
4.2 Insufficient Funds
- All checks returned for insufficient funds will be re-submitted for payment. A $35 fee will be charged to the account of the Member or Customer for
all returned checks and insufficient funds.
- All transactions involving returned checks or insufficient funds through a credit card, which are not resolved in a timely manner by the Member constitute grounds
for disciplinary sanctions.
- If a credit card order or automatic debit is declined the Customer or Member will be contacted for an alternate form of payment. Payment to The Gold Diggers Association
is declined a second time, the Customer or Member may be deemed ineligible to purchase Eco-Nomix products or services.
4.3 Sales Tax Obligation
- The Gold Diggers Association will comply with all State, Provincial and local taxes and regulations governing the sale of Gold Diggers Association products and services.
- The Gold Diggers Association will collect and remit sales tax on Member orders unless a Member furnishes The Gold Diggers Association with the appropriate Resale Tax Certificate form, unless
sales tax is prepaid based upon the suggested retail price. The Gold Diggers Association will remit the sales tax to the appropriate Status, Provincial and local jurisdictions.
The Member may recover the sales tax when he or she makes a sale. The Gold Diggers Association Members are responsible for any additional sales taxes due on products
marked up and sold at a higher price.
- The Gold Diggers Association Members to consult with a tax advisor for additional information for his or her business.
4.4 Chargeback Policy
When The Gold Diggers Association receives notice of a chargeback from either a customer or a Member, the sponsor will be assessed a fee.
This is done to ensure The Gold Diggers Association Members are always careful when it comes The Gold Diggers Association related issues.
There are no Bonuses associated with the Gold Diggers Association. There might be Bonuses when a Gold Diggers Association members participates in an
opportunity or a program referenced by the Gold Diggers Association, but such Bonuses are governed by the policies of the opportunity or program.
6.0 SATISFACTION GUARANTEED AND RETURN OF SALES AIDS
- The Gold Diggers Association offers a one hundred percent (100%) thirty-day money back guarantee for all non customized products.
- With respect to return of Sales Aids, The Gold Diggers Association offers refund opportunities depending on the product or service purchased.
Shipping and handling incurred will not be refunded.
- Customized products (such as business cards) may only be returned if the customized information (name, address, etc) is other than as ordered.
- The Gold Diggers Association offers a one hundred percent (100%) three day money back guarantee for membership in the Gold Diggers Association Membership association during the Pre-Launch phase. Once the Launch takes place this will be a non-refundable fee, as the expenses of setting up the account will be immediate.
6.1 Return Process
- All returns, whether by a Customer, or Member, must be made as follows:
- Obtain Return Merchandise Authorization from The Gold Diggers Association;
- Ship items to the address provided to The Gold Diggers Association Customer service when order was placed
- A copy of the orinal invoice is returned with the returned products or service. Such invoice must reference the RMA and include the reason for the return.
- Ship back product in manufacturer’s box exactly as was delivered.
- All returns must be shipped to The Gold Diggers Association pre-paid, as The Gold Diggers Association does not accept shipping collect packages. The Gold Diggers Association recommends shipping
returned products by UPS or FedEx with tracking and insurance as risk of loss or damage in shipping of the returned product shall be borne solely
by the Customer, or Member. If returned product is not received at The Gold Diggers Association's Distribution Center, it is the responsibility of the Customer,
or Member to trace the shipment and no credit will be applied.
- The return of $500 or more of products for a refund within a calendar year, by a Member, may constitute grounds for involuntary termination.
7.2 Expectation of Privacy
- The Gold Diggers Association recognizes and respects the importance its Customers and Members place on the privacy of their financial and personal information.
The Gold Diggers Association will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers’ Member and account information
and nonpublic personal information.
- By the Gold Diggers Association Member Agreement, a Member authorizes The Gold Diggers Association to disclose his or her name and contact information to upline Members solely
for activities related to the furtherance of the The Gold Diggers Association business. A Member hereby agrees to maintain the confidentiality and
security of such information and to use it solely for the purpose of supporting and The Gold Diggers Association his or her downline organization and conducting
the Gold Diggers Association business.
- The Gold Diggers Association will not disclose any personal information to outside third parties unless required by law.
7.3 Employee Access to Information
Employee may have access to only that information necessary to do their specific job. For example, a shipping clerk would have shipping information, but not have access to account
7.4 3rd Party Access to Information
There will be no 3rd party access to Member information, contact information, purchases, balances, etc. unless that disclosure request is accompanied with a court order.
8.0 The Gold Diggers Association INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
By completing and signing the Gold Diggers Association Member Agreement, the Member acknowledges that Business Reports,
lists of The Gold Diggers Association Member names and contact information and any other Gold Diggers Association infomation, which contains Gold Diggers Association member information,
financial information, scientific or other information both written or otherwise circulated by The Gold Diggers Association pertaining to the business of The Gold Diggers Association,
are confidential and proprietary information and trade secrets belonging to The Gold Diggers Association.
8.2 Obligation of Confidentiality
- Use the information in the Reports to compete with The Gold Diggers Association or for any purpose other than promoting his or her Kinetic business is prohibited;
- Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of The Gold Diggers Association genealogy
from any The Gold Diggers Association reports is prohibited.
8.3 Breach and Remedies
The Member acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use
thereof in violation of this provision will result in irreparable damage to The Gold Diggers Association and to independent The Gold Diggers Association businesses and its Members
will be entitled to injunctive relief or to recover damages against any Member who violates the Obligation of Confidentiality.
The prevailing party is entitled to an award of attorney’s fees, court costs and expenses.
8.4 Return of Materials
Upon demand by The Gold Diggers Association, any current or former Member will return the original and all copies of all “Reports” to The Gold Diggers Association together with any Gold Diggers Association confidential
information in such person’s possession.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES and TRADEMARKS
9.1 Labeling, Packaging, and Displaying Products
- Any re-package, refill, or labeling of any Gold Diggers Association product, or service, information,
materials or program(s) in any way is not allowed without specific permission for The Gold Diggers Association.
Such re-labeling or re-packaging violates Federal, and State and Provincial laws, which may result in criminal or civil penalties.
- The Gold Diggers Association will permit Members to solicit and make Commercial Sales upon prior written permission from The Gold Diggers Association.
For the purpose of theses Policies and Procedures, the term “Commercial Sale” means the sale of;
The Gold Diggers Association products that equal or $1000 in a single order;
- Products sold to a third party who intends to resell the products
- A Member may sell The Gold Diggers Association products and services and display the The Gold Diggers Association trade name at any appropriate display booth (such as trade shows)
upon prior written approval from The Gold Diggers Association.
- The Gold Diggers Association reserves the right to refuse authoriztion to participate at any function that it does not deem a suitable for The Gold Diggers Association
for the promotion of its products and services.
9.2 Use of Company Names and Materials
- The Gold Diggers Association Members must promote the good reputation of The Gold Diggers Association products and services. The marketing and promotion of the The Gold Diggers Association opportunity,
and The Gold Diggers Association products must be consistent with the public interest, and must avoid all discourteous,
deceptive, misleading or immoral conduct and practices
- All promotional materials supplied or created by The Gold Diggers Association shall used in their original form and unchanged, amended or altered without prior written approval by
The Gold Diggers Association's Compliance Department.
- The name of The Gold Diggers Association, each of its products and names that have utilized by The Gold Diggers Association in connection with its business are protected trade
names, trademarks and service marks of The Gold Diggers Association. As such, these marks are supplied to Members for their use only in an authorized manner.
- A Gold Diggers Association Member’s use of the name “Gold Diggers Association” is restricted to protect The Gold Diggers Association proprietary rights,
ensure that name of "Gold Diggers Association" not be lost or compromised by unauthorized use. Use of the Gold Diggers Association name on any item not produced by The Gold Diggers Association
is prohibited except as follows:
- [Member’s name] Gold Diggers Association Member
- [Member's name] Member of The Gold Diggers Association.
- Further procedures relating to the The Gold Diggers Association name are restricted
- All stationary (i.e. letterhead, envelopes, and business cards) bearing the Gold Diggers Association name or logo intended for Gold Diggers Association Members
must be approved in writing by the The Gold Diggers Association Compliance Department
- “Independent Kinetic Member” in the white pages of the telephone directory under his The Gold Diggers Association name.
- The Gold Diggers Association Members may not use the name Gold Diggers Association in answering his or her telephone, creating a voice message,or an answering Gold Diggers Association such
as to give the impression to the caller that they have reached the corporate office. They may state, “Independent Gold Diggers Association Member.”
- Certain photos and graphic images used by The Gold Diggers Association in its advertising, and websites have been licensed from outside vendors
and are not availble for use by its members. If a Member wants to use these photos, graphic images, they must negotiate contracts with the vendors for a fee.
- A Gold Diggers Association Member shall not appear on or make use of television or radio, or make use of any other media to promote or discuss The Gold Diggers Association or its programs,
products or services without prior written permission from the The Gold Diggers Association Compliance Department.
- A Member may not produce audio or video clips from a The Gold Diggers Association event for other then their personal use without The Gold Diggers Association's written permission from the The Gold Diggers Association
- The Gold Diggers Association reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws
and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Member.
- A Member shall not promote non-The Gold Diggers Association products or services in conjunction with Gold Diggers Association products or services on the same websites or
same advertisement without prior approval from The Gold Diggers Association Compliance.
9.3 Faxes and E-mail – Limitations
- Except as provided in this section, a Member may not use or transmit unsolicited faxes, email, mass email distribution, or “spamming” that advertises or promotes the operation
of his or her Gold Diggers Association business. The exceptions are;
- Faxes or e-mailing any person who has given prior permission or invitation;
- Faxing or e-mailing any person with whom the Member has established a prior business or personal relationship.
- In all States, Provinces or Territories where prohibited by law, a Member may not transmit, or cause to be transmitted through a third party,
(by telephone, facsimile, computer or other device), an unsolicited advertisement