POLICIES AND PROCEDURES
Last updated October 10, 2021
General
These Policies and Procedures, in their present form and as amended from time to time at The Virtual Benefits Card’s sole discretion, are incorporated into The Virtual Benefits Card Affiliate User Agreement. They are the terms and conditions of the Affiliate's contract with The Virtual Benefits Card. It is the responsibility of each Affiliate to read, understand, adhere to, and ensure that he/she is aware of and operating under the most current version of these Policies and Procedures. You must also comply with the description of the Compensation Plan and honor all applicable laws in the country in which you operate your The Virtual Benefits Card business.
The words "company" and "The Virtual Benefits Card", when used in these documents, refer to The Virtual Benefits Card, Inc. An Affiliate is an independent contractor, not an employee of The Virtual Benefits Card.
The purpose of the Affiliate Agreement is to define the relationship between The Virtual Benefits Card and the Affiliate; to set standards of acceptable business behavior; to assist Affiliates in building and protecting their business.
Changes - The Company may from time to time amend the terms and conditions of the Agreement, Policies and Procedures, Compensation Plan and Price List. Amendments shall be effective upon notification of the changes in official The Virtual Benefits Card publications distributed to all Affiliates via the website.
Delays - The Virtual Benefits Card shall not be responsible for delays and failures in performing its obligations due to circumstances beyond its reasonable control, such as strikes, labor difficulties, riots, war, fire, death, curtailment or interruption of a source of supply, government decrees or orders, etc.
Policies and Provisions Severable - If any provision of the Agreement as it currently exists or as may be amended is found to be invalid, illegal, or unenforceable for any reason, only the invalid provision will be severed from the Agreement; the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision never comprised a part of the Agreement.
Titles Not Substantive - The titles and headings to these Policies and Procedures are for reference purposes only and do not constitute, and shall not be construed as, substantive terms of the Agreement.
Waiver - The Virtual Benefits Card never forfeits its right to require Affiliate compliance with the Agreement or with applicable laws and regulations governing business conduct. Only in rare circumstances will a policy be waived, and such waivers will be conveyed in writing by the Compliance Officer or an officer of the company. The waiver will apply only to that specific case.
Becoming an Affiliate - The requirements to become an Independent The Virtual Benefits Card Affiliate: Be at least the age of majority in your country of residence; reside in a geographic area where The Virtual Benefits Card has been approved for business; fully read and accept The Virtual Benefits Card Policies and Procedures, Full Compensation Plan, Income Disclaimers, User Agreement, Terms of Use, Privacy Policy and Refund Policy; as an independent contractor, assume all appropriate responsibilities for accounting for income tax, insurances and the like in respect of the Affiliate. The Virtual Benefits Card reserves the right to accept or reject any application for any reason.
Identification and Affiliate Number - When The Virtual Benefits Card receives and accepts a new Affiliate account registration, The Virtual Benefits Card will assign a unique Affiliate Number to that Affiliate. Affiliates must use their Affiliate Number whenever they call an Affiliate Representative to track commissions and bonuses.
Affiliate Benefits - Once The Virtual Benefits Card accepts an Affiliate's Application and Agreement; the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to: purchase The Virtual Benefits Card products and services at the Affiliate prices; participate in The Virtual Benefits Card Compensation Plan (receive bonuses and commissions, if eligible); sponsor other individuals as Customers or Affiliates into The Virtual Benefits Card business and thereby build a Downline Organization and progress through The Virtual Benefits Card Compensation Plan; receive The Virtual Benefits Card literature and other The Virtual Benefits Card communications; participate in The Virtual Benefits Card-sponsored support, service, training, motivational, and recognition functions upon payment of appropriate charges, if applicable; participate in promotional and incentive contests and programs sponsored by The Virtual Benefits Card for its Affiliates.
Operating as an Affiliate
Actions of Household Members or Affiliated Individuals - If any member of an Affiliate's immediate household engages in any activity which, if performed by the Affiliate would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate.
Adherence to The Virtual Benefits Card Compensation Plan - Affiliates must adhere to the terms of The Virtual Benefits Card Compensation Plan as set forth in official The Virtual Benefits Card literature. Affiliates shall not offer The Virtual Benefits Card opportunity through, or in combination with, any other opportunity or unapproved method of marketing. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to participate in The Virtual Benefits Card in any manner that varies from the program as set forth in official The Virtual Benefits Card literature. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to execute any agreement or contract other than official The Virtual Benefits Card agreements and contracts in order to become an Independent The Virtual Benefits Card Affiliate. Similarly, Affiliates shall not require or encourage other current or prospective Customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in The Virtual Benefits Card Compensation Plan, other than those purchases or payments identified as recommended or required in official The Virtual Benefits Card literature.
Advertising
In general - Affiliates must avoid all discourteous, deceptive, misleading, illegal, unethical, or immoral conduct or practices in their marketing and promotion of The Virtual Benefits Card, The Virtual Benefits Card opportunity, the Compensation Plan, and The Virtual Benefits Card’s products or services. No Affiliates may produce unauthorized sales, marketing, and support materials to market or promote The Virtual Benefits Card, The Virtual Benefits Card opportunity, the Compensation Plan, The Virtual Benefits Card’s products or services, or their The Virtual Benefits Card businesses.
All Affiliates may only use sales aids and support materials produced or currently approved by The Virtual Benefits Card. Sales, marketing and support materials include, but are not limited to, training and recruiting information, brochures, flyers, pamphlets, posters, postcards, letters, classified advertisements, etc. promoting The Virtual Benefits Card’s products, services and programs, as well as e-mail messages, voice mail message recordings, SMS, MMS and Internet Web sites used to publicize The Virtual Benefits Card, its products, services, or Compensation Plan.
Media Inquiries - Affiliates must refer all media inquiries regarding The Virtual Benefits Card to The Virtual Benefits Card Compliance Department. This will ensure that accurate and consistent information reaches the general public.
Trademarks and Copyrights - An Affiliate may use The Virtual Benefits Card trademark or trade name or corporate logo to promote their independent business. A reproducible copy of the logo can be obtained from The Virtual Benefits Card. However, this logo may only be used on personal stationery and specifically approved literature but not on clothing, signage, or motor vehicles. Affiliates may describe themselves as an "The Virtual Benefits Card Affiliate" in the business pages of the telephone directory. Affiliates should not answer the telephone in any manner that might indicate or suggest that the caller has reached a The Virtual Benefits Card corporate office. Affiliates may not record or reproduce materials from any The Virtual Benefits Card corporate function, event, speech, etc. Affiliates may not record, reproduce, or copy any presentation or speech by any The Virtual Benefits Card spokesperson, representative, speaker, officer, director, or other Affiliates. Affiliates may not reproduce or copy any recording of a The Virtual Benefits Card- produced media presentation including audio tapes, videotapes, CDs, etc. Affiliates may not publish, or cause to be published, in any written or electronic media, the name, photograph or likeness, copyrighted materials, or property of individuals Affiliate with The Virtual Benefits Card without express written authorization from the individual and/or The Virtual Benefits Card. Affiliates may not publish, or cause to be published, in any written form or electronic media, the copyrighted materials or property of The Virtual Benefits Card, without express written authorization from The Virtual Benefits Card.
Use of Affiliate Name, Likeness, and Image - Affiliate consents to The Virtual Benefits Card’s use of his/her name, testimonial (or other statements about The Virtual Benefits Card, its products or opportunity in printed or recorded form, including translations, paraphrases, and electronic reproductions of the same), and image or likeness (as produced or recorded in photographic, digital, electronic, video or film media) in connection with advertising, promoting, and publicizing The Virtual Benefits Card opportunity or products, or any The Virtual Benefits Card-related or -sponsored events.
Affiliate claims and Representations
Income Claims - Affiliates may not make income projections or claims or disclose their The Virtual Benefits Card income (including the showing of checks, copies of checks, or bank statements) when presenting or discussing The Virtual Benefits Card opportunity or Compensation Plan, except as set forth in official The Virtual Benefits Card literature.
Unauthorized Recruiting - As an independent contractor, The Virtual Benefits Card Affiliates may participate in other direct selling or network marketing or multi-level marketing ventures (collectively, "multi-level marketing"), and Affiliates may engage in selling activities related to non-The Virtual Benefits Card products and services, if they desire to do so. Although an Affiliate may elect to participate in another multi-level marketing opportunity, he/she is prohibited from unauthorized recruiting activities, which include the following: recruiting or enrolling The Virtual Benefits Card customers or Affiliates for other multi-level marketing business ventures, either directly or through a third party. This includes, but is not limited to, presenting or assisting in the presentation of other multi-level marketing business ventures to any The Virtual Benefits Card Customer or Affiliate, or implicitly or explicitly encouraging any The Virtual Benefits Card Customer or Affiliate to join other business ventures. It is a violation of this policy to recruit or enroll a The Virtual Benefits Card Customer or Affiliate for another multi-level marketing business, even if the Affiliate does not know that the prospect is also a The Virtual Benefits Card Customer or Affiliate; producing any literature, tapes, or promotional material of any nature for another multi-level marketing business which is used by the Affiliate or any third person to recruit The Virtual Benefits Card Customers or Affiliates for that business venture; selling, offering to sell, or promoting any competing products or services to The Virtual Benefits Card Customers or Affiliates. Any product or services in the same generic category as a The Virtual Benefits Card product or service is deemed to be competing; offering The Virtual Benefits Card products or promoting The Virtual Benefits Card Compensation Plan in conjunction with any non-The Virtual Benefits Card business plan, opportunity, product, or incentive; offering any non-The Virtual Benefits Card products or opportunities in conjunction with the offering of The Virtual Benefits Card products or business plan or at any The Virtual Benefits Card meeting, seminar, launch, convention, or other The Virtual Benefits Card function; or where a prospective Affiliate or Customer accompanies an Affiliate to a The Virtual Benefits Card meeting or function, no other The Virtual Benefits Card Affiliate may recruit the prospect to enroll in The Virtual Benefits Card or any other multi-level marketing business for a period of fourteen (14) days or unless and until the Affiliate who brought the prospect to the function advises the other The Virtual Benefits Card Affiliate that the prospect has elected not to enroll in The Virtual Benefits Card and that the Affiliate is no longer recruiting the prospect to enroll in The Virtual Benefits Card, whichever occurs first. The Virtual Benefits Card will immediately cancel the Affiliate of any Affiliate who violates this provision. Violations of this policy are especially detrimental to the growth and sales of other Affiliates' The Virtual Benefits Card businesses and to The Virtual Benefits Card’s business; where an Affiliate participates in other multi-level marketing ventures they may not participate in The Virtual Benefits Card’s Leadership Bonus Program. Nor may they be invited to participate in The Virtual Benefits Card leadership meetings, conferences, qualification seminars, and the like.
Post cancellation Solicitation Prohibited - A former Affiliate shall not directly or through a third party solicit any Affiliate or Customer to enroll in any direct sales, network marketing, or multi-level marketing program or opportunity for a period of one (1) year after the cancellation of an individual or entity's Affiliate User Agreement. This provision shall survive the expiration of the Affiliate's obligations to The Virtual Benefits Card, pursuant to the Affiliate User Agreement.
Down line Genealogy Reports - The Virtual Benefits Card Down line Genealogy Reports are confidential and contain proprietary business trade secrets. An Affiliate may not use the reports for any purpose other than for developing their The Virtual Benefits Card business. During any term of the Affiliate User Agreement and for a period of five (5) years after the termination or expiration of the Affiliate User Agreement between Affiliate and The Virtual Benefits Card, for any reason whatsoever, an Affiliate shall not, on his/her own behalf or on behalf of any other person, partnership, association, corporation, or other entity: disclose any information contained in the reports to any third party; use the reports to compete with The Virtual Benefits Card; or Recruit or solicit any Affiliate or Customer listed on the reports to participate in other multi-level marketing ventures. This provision shall survive the termination or expiration of this Agreement.
Corporation, Partnerships, and Trusts - A corporation, partnership, or trust (collectively referred to in this section as an "Entity") may apply to be a The Virtual Benefits Card Affiliate by submitting its Certificate of Incorporation, Partnership Agreement, or trust documents (these documents are collectively referred to as the "Entity Documents") to The Virtual Benefits Card along with a properly completed Corporation, Partnership DBA Registration Form. An Affiliate may change its status under the same sponsor from an individual to a partnership, corporation, or trust, or from one type of entity to another. To do so, the Affiliate(s) must provide the entity documents and a properly completed Affiliate Application and Agreement and the appropriate registration form. The Corporation, Partnership DBA Registration Form must be signed by all of the directors, shareholders, partners, trustees, or other individuals having ownership interest in the business. Members of the entity are jointly and severally liable for any indebtedness or other obligations to The Virtual Benefits Card. As set forth herein, no individual may participate directly or indirectly in more than one Affiliate. It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed. The Virtual Benefits Card reserves the right to approve or disapprove any Affiliate Application and Agreement submitted by an Entity. For the purpose of recognition and rewards, The Virtual Benefits Card will only recognize a maximum of two persons in the Entity. The Entity must nominate each year, at its Affiliate renewal time, the two nominees who may be the recipients of any recognition, rewards, trips, and the like which the entity becomes entitled to participate in.
Deceptive Practices - Affiliates must fairly and truthfully explain The Virtual Benefits Card products, opportunity, Compensation Plan, and Policies and Procedures to prospective Affiliates. This includes: Being honest and thorough in presenting material from The Virtual Benefits Card Compensation Plan to all potential Affiliates; making clear that income from The Virtual Benefits Card Compensation Plan is based on product sales and not merely on sponsoring other Affiliates; making estimates of profit that are based on reasonable predictions for what an average Affiliate would achieve in normal circumstances; representing that past earnings in a given set of circumstances do not necessarily reflect future earnings; not misrepresenting the amount of expenditure that an average Affiliate might incur in carrying on the business; not misrepresenting the amount of time an average Affiliate would have to devote to the business to achieve the profit estimated, and not stating that profits or earnings are guaranteed for any individual Affiliate; never stating or inferring that you will build a Down line Organization for anyone else; never stating that profits or earnings are guaranteed for an individual Affiliate; and never stating that any consumer, business, or government agency has approved or endorsed The Virtual Benefits Card products or its Compensation Plan; never participating in down line purchasing (placing a sales order in a Retail Account other than where the sale was generated).
Independent Contractor Status - Affiliates are independent contractors and are not purchasers of a franchise or business opportunity. The agreement between The Virtual Benefits Card and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. All Affiliates are responsible for paying their own income and employment taxes. Affiliates will not be treated as employees for any purpose including, but not limited to, workers compensation, superannuation, or insurance. Each Affiliate is encouraged to establish his/her own goals, hours, and methods of sale, so long as he/she complies with applicable laws and the terms and conditions of the Affiliate User Agreement.
International - Affiliates may sell and promote The Virtual Benefits Card’s products, opportunity, and services or recruit or enroll any potential Affiliate or customer only in countries in which The Virtual Benefits Card is approved for business, as announced in official The Virtual Benefits Card communications. If an Affiliate desires to conduct business in an authorized country other than the one in which they are an Affiliate, he/ she must comply with all the applicable laws and regulations for that country.
Adherence to Laws and Ordinances - You must obey all laws that apply to your business.
Affiliate limited to 1 - An Affiliate may operate, receive compensation from, or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one The Virtual Benefits Card Affiliateship. However, notwithstanding this rule, your spouse may become an Affiliate and operate a second Affiliate as long your spouse's Affiliate is placed below one of your Affiliates and not in a cross line sales organization. The second Affiliate must be a bona fide Affiliate that is operated by the person listed on the agreement and not by the owner of the first Affiliate.
Sale, Transfer, or Assignment of Affiliate - An Affiliate may not sell, transfer, or assign their Affiliate rights to any person or entity without The Virtual Benefits Card’s express written approval. To obtain approval, you must: be an Affiliate in good standing as determined by The Virtual Benefits Card in its sole discretion; before any transfer will be approved by The Virtual Benefits Card, any debt obligations the selling Affiliate has with The Virtual Benefits Card must be satisfied; the transferring Affiliate must be in good standing and not in violation of any of the terms of the Affiliate User Agreement or these Policies and Procedures, to transfer his/her Affiliate; the combining of Affiliates is not permitted. The Virtual Benefits Card will not approve the transfer of an Affiliate to any individual or Entity that is a current Affiliate or who has an ownership interest in any Affiliate. Similarly, The Virtual Benefits Card will not approve the transfer of an Affiliate to any individual or Entity that has previously had any ownership interest in or operated, an The Virtual Benefits Card Affiliateship; no individual Business Centers may be transferred separately from the Affiliate. If an Affiliate wishes to transfer his/her Affiliate, all Business Centers must be included in the transfer; the transferring Affiliate must notify The Virtual Benefits Card Compliance Department of his/her intent to transfer the Affiliate by completing and submitting a signed Transfer of Affiliate and Affiliate Application Form. No changes in line of sponsorship can result from the transfer of an Affiliate; the transferee must be eligible to become an Independent The Virtual Benefits Card Affiliate and be acceptable to The Virtual Benefits Card in every respect.
Separation of an Affiliate - If Affiliates wish to dissolve their jointly held Affiliate, they must do so in such a way as to not disturb the income or interests of their Up line and Down line Organizations. Affiliates should consider the following when deciding whether or not to dissolve a jointly held Affiliate: if a jointly owned Affiliate is dissolved, anyone of the joint owners may operate the Affiliate, but the other joint owners must relinquish their rights to, and interests in, the Affiliate; The Virtual Benefits Card cannot divide a Down line Organization, nor can it split commission or bonus checks between the joint owners; if a jointly owned Affiliate is dissolved, the individual(s) who relinquished ownership in the original Affiliate may apply as new Affiliates under any Sponsor but may not purchase or join an existing Affiliate.
Succession - If an Affiliate dies or becomes incapacitated, his/her rights to commissions, bonuses, and Down line Organization, together with all Affiliate responsibilities, will pass to his/her successor(s). Upon death or incapacitation, the successor(s) must present The Virtual Benefits Card Compliance Department with proof of death or incapacitation, along with proof of succession, such as a Grant of Probate or an Enduring Power of Attorney, and a properly completed Affiliate Application and Agreement. You may inherit and retain another Affiliate even though you currently own or operate an Affiliate. A non-Affiliate who acquires a Affiliate through succession must purchase a current Business Starter Kit
Taxes - The Virtual Benefits Card Affiliates must comply with all relevant taxation legislation. Affiliates should seek professional advice from their own accountant or tax advisor as to how to keep proper business records and account for tax aspects of their independent business. Affiliates' The Virtual Benefits Card income may be subject to income tax and so must be properly accounted for in annual income tax returns. Affiliates conducting their The Virtual Benefits Card business in a business-like manner may also be entitled to deduct certain expenses incurred in earning their The Virtual Benefits Card income. Such expenses should be properly recorded and evidenced with receipts.
Telephone and Email Solicitation - The use of any automated telephone solicitation equipment in connection with the marketing or promotion of The Virtual Benefits Card, its products, or The Virtual Benefits Card opportunity is strictly prohibited. The use telemarketing operations to sell products or services over the telephone, or to recruit Affiliates, is strictly prohibited. Affiliates are also forbidden from sending unsolicited e-mail messages or "spamming" to sell products or to recruit Affiliates. Affiliates should also make themselves familiar with relevant privacy legislation.
Territories - There are no exclusive territories for marketing The Virtual Benefits Card products or services, nor shall any Affiliate imply or state that he/she has an exclusive territory to market The Virtual Benefits Card products or services.
Trade Shows and Expositions - Affiliates may display and/or sell The Virtual Benefits Card products at trade shows and expositions, but may not display or sell The Virtual Benefits Card products at swap meets, garage sales, flea markets, or farmers' markets as these events are not conducive to the image The Virtual Benefits Card wishes to portray. The Virtual Benefits Card cannot supply inventory on consignment to Affiliates operating stands at such events. All literature displayed at the event must be official The Virtual Benefits Card literature and must clearly identify the individual(s) as Affiliates.
Transfer of Sponsorship
Conflicting Enrolments - Every prospective Affiliate has the ultimate right to choose his/her own Sponsor. As a general rule, the first Affiliate who does meaningful work with a prospective Affiliate is considered to have first claim to sponsorship. Basic tenets of common sense and consideration should govern any dispute that may arise. In the event that a prospective Affiliate or any Affiliate on behalf of a prospective Affiliate, submits more than one Affiliate Application and Agreement to The Virtual Benefits Card, listing a different Sponsor on each, the Company will only consider valid the first Affiliate Application and Agreement that it receives, accepts, and processes. If there is any question concerning the sponsorship of an Affiliate, the final decision will be made by The Virtual Benefits Card.
Cross-line Raiding - The Virtual Benefits Card will not permit any change in the line of sponsorship except in the following circumstances: where an Affiliate has been fraudulently or unethically induced into joining The Virtual Benefits Card; where an incorrect placement was made due to an Affiliate error, a change in the line of sponsorship can be made to correct the error where a request for a change is made within 10 days of enrolment. If you make such a request, you must also submit the written consent of your Sponsor and that person's Sponsor along with the required placement change fee. If at the time of the request you have any down line organization in place, no change will be permitted in the line of sponsorship. In the event that such a change is approved, commissions and bonuses earned will be adjusted accordingly. In no case will a change of placement be approved where a signed application has not been received by The Virtual Benefits Card; if you terminate your Affiliate in writing you may rejoin under the Sponsor of your choice after a period of six (6) months; following termination of your Affiliate, you may participate as a Customer during the six (6) month period. In the event you terminate your Affiliate, you forfeit all rights, bonuses, and commissions under your previous line of sponsoring. You may not avoid compliance with this policy through the use of DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers, etc. If you have been "inactive" (i.e., no purchases or sales of The Virtual Benefits Card products or participation in any other form as an Affiliate) for a period of twelve (12) successive months, you may terminate your; Affiliate in writing and rejoin immediately under the Sponsor of your choice; cross-line raiding is strictly prohibited. "Cross-line raiding" is defined as the enrolment or attempted enrolment of an individual or Entity that already has a current Affiliate User Agreement on AFFILIATE with The Virtual Benefits Card, or who has had such agreement within the preceding six (6) calendar months within a different line of sponsorship. The use of trade names, DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers or any other vehicle to circumvent this policy is prohibited. Affiliates may not demean, discredit, or invalidate other The Virtual Benefits Card Affiliates in an attempt to entice another Affiliate to become part of the first Affiliate's Down line Organization.
Responsibilities of Affiliates and Sponsors
Ongoing Supervision, Training, and Sales - Any Affiliate who sponsors another Affiliate into The Virtual Benefits Card must train the new Affiliate in product knowledge, effective sales techniques, the Compensation Plan, and the Policies and Procedures. Affiliates must also supervise and monitor Affiliates in their Down line Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an Affiliate progresses through the various levels of leadership, his/her responsibilities to train and motivate down line Affiliates will increase.
Non-Disparagement - In setting the proper example for their down line, Affiliates must not disparage other The Virtual Benefits Card Affiliates, The Virtual Benefits Card’s Products, the Compensation Plan, or the Company's employees. Such disparagement constitutes a material breach of these Policies and Procedures.
Holding Applications or Orders - All Affiliates must forward to The Virtual Benefits Card any forms and applications they receive from other Affiliates or applicant Affiliates, or Customers or applicant Customers, on the next business day after which the forms or applications are signed.
Reporting Policy Violations - Affiliates should report any observed violations of a policy violation to The Virtual Benefits Card Compliance Department.
Regarding The Virtual Benefits Card Replicated Personal Website Fee of .03 Bitcoin
Bonuses and Commissions
Bonus and Commission Cycles - The Virtual Benefits Card pays commissions on daily and weekly cycles to the Affiliate's Ledgers located in the Affiliates Back Office. An Affiliate must review his/her commissions and report any errors or discrepancies to The Virtual Benefits Card within ten (10) days from the date of the commission payment. Errors or discrepancies which are not brought to The Virtual Benefits Card’s attention within the 10 day period will be deemed waived by the Affiliate.
Adjustment of Bonuses and Commissions - Affiliates earn commissions and bonuses based on product sales to End Consumers. Accordingly, The Virtual Benefits Card will adjust commissions and bonuses earned from any sale when the Affiliate or any other end users returns the sold product for a refund. The Virtual Benefits Card will deduct the sales volume attributable to the returned product from the Up-line Affiliate's group volume within the first two (2) weeks after the refund is given.
Loss of Rights to Commissions – All Affiliates are eligible to receive Sales Commissions. You must be an active Affiliate and in compliance with the terms of the Affiliate User Agreement to qualify for Quick Pay Bonuses, Dual Team Bonuses and Minimum Daily Bonuses.
Unclaimed Commissions - Affiliates who provide The Virtual Benefits Card with incomplete or invalid bank account information will have their commission and bonus retained as a credit. Any unclaimed credit will be held in trust for 12 months, during which time The Virtual Benefits Card may periodically notify the Affiliates in writing of their credit balance.
Dispute Resolution and Disciplinary Proceedings between Affiliates
Grievances and Complaints - When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective The Virtual Benefits Card businesses, the complaining Affiliate should first discuss the problem with the other Affiliate. If this does not resolve the problem, the complaining Affiliate should report the problem to his/her up line to resolve the issue at a local level. If the matter cannot be resolved, it must be reported in writing to The Virtual Benefits Card Compliance Department. The Compliance Department will review the complaint and make a final decision. The complaint should identify specific instances of alleged improper conduct and, to the extent possible, identify the relevant dates on which the event(s) complained of took place, the location(s) where they occurred, and all persons who have firsthand knowledge of the improper conduct.
Compliance Department Review - Upon receipt of a written complaint, The Virtual Benefits Card Compliance Department will investigate the matter, review the applicable policies, and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions consistent with the provisions of this Agreement
Disputes between The Virtual Benefits Card and Affiliates
Mediation and arbitration - All unresolved disputes and claims relating to The Virtual Benefits Card, its Compensation Plan, its Products, the rights and obligations of its Affiliates and The Virtual Benefits Card, or any other claim or cause of action relating to product purchase(s) or performance, either of an Affiliate or of The Virtual Benefits Card under the Affiliate User Agreement, shall first be put before a mediator acceptable to both parties for resolution. Each party shall bear its own costs in the mediation. Should mediation fail to resolve the dispute then it shall be put before arbitration in Palm Beach County, Florida, USA. Each party to the arbitration shall be responsible for their own costs, including legal and filing fees. This agreement to mediate and, failing mediation, arbitrate will survive any cancellation or expiration of the Affiliate User Agreement. Nothing in these Policies and Procedures shall prevent The Virtual Benefits Card from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary injunction, preliminary injunction, permanent injunction, or other available relief to safeguard and protect The Virtual Benefits Card’s interest prior to, during, or following the filing of any arbitration or other proceeding, or pending the rendering of a decision or award in connection with any arbitration or other proceeding. The existence of any Affiliate claim or cause of action against The Virtual Benefits Card does not preclude The Virtual Benefits Card from enforcing the Affiliate's covenants and agreements contained in the Affiliate User Agreement.
Jurisdiction, Venue, and Choice of Law - The jurisdiction and venue of any matter pursuant to this agreement shall reside in Broward County, Florida, USA.
Disciplinary Actions - Violation of any of the terms and conditions of the Affiliate User Agreement, or any illegal, fraudulent, deceptive, or unethical business conduct by an Affiliate, may result, at The Virtual Benefits Card’s discretion, in one or more of the following sanctions: a written warning, clarifying the meaning and application of a specific policy or procedure, and advising that a continued breach ill result in further sanctions; probation, which may include requiring an Affiliate to take remedial action and will include follow-up monitoring by The Virtual Benefits Card to ensure compliance with the Agreement; withdrawal or denial of an award or recognition, or restricting participation in The Virtual Benefits Card-sponsored events for a specified period of time or until the Affiliate satisfies certain specified conditions; suspension of certain privileges of Affiliate, including but not limited to placing a product order, participating in The Virtual Benefits Card programs, progressing in the Compensation Plan, or participating as a Sponsor (including participating as an International Sponsor), for a specified period of time or until the Affiliate satisfies certain specified conditions; withholding commissions or bonuses for a specified period of time or until the Affiliate satisfies certain specified conditions; imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by The Virtual Benefits Card and as permitted by law; and/or terminating an Affiliate.
Affiliate Services
Changes to the Affiliate - Each Affiliate must immediately notify The Virtual Benefits Card of all changes to the information contained on the Affiliate Application and Agreement. Affiliates may modify their existing Affiliate User Agreement by submitting a written request, a properly executed Affiliate Application and Agreement, and appropriate supporting documentation.
Addition of Co-applicants - When adding a co-applicant to an existing Affiliate, The Virtual Benefits Card requires both a written request and a properly completed Affiliate Application and Agreement containing the applicant's and co- applicant's signatures. The modifications permitted within the scope of this paragraph do not include a change of sponsorship.
Commission Statements/tax Invoices - Commission Statements/Tax Invoices are provided for all active Affiliates receiving a commission Check in your Affiliate Back Office.
Errors or Questions - In the event an Affiliate has questions about or believes that any errors have been made regarding commissions, bonuses, Down line Genealogy Reports, orders, or charges, the Affiliate must notify The Virtual Benefits Card within thirty (30) days of the date of the purported error or incident in question. The Virtual Benefits Card will not be responsible for any error, omission, or problem not reported within thirty (30) days.
Resolving Problems - If you have any questions regarding shipments, orders, commissions and bonuses, or the Compensation Plan, please write or call The Virtual Benefits Card Support Services.
Inactivity and Cancellation Policies - Affiliates who do not meet the Personal Sales Volume requirements specified in The Virtual Benefits Card Compensation Plan may not receive a commission and may lose accumulated Sales Volume for the sales generated through their Down line Organization.
Involuntary Cancellation - An Affiliate's violation of any of the terms of the Affiliate User Agreement, including any amendments which may be made by The Virtual Benefits Card in its sole discretion from time to time, constitutes a material breach of the Affiliate User Agreement and may result, at The Virtual Benefits Card’s option, in any of the Disciplinary Actions listed herein, including cancellation of his/her Affiliate. Involuntary Cancellation of an Affiliate will result in the Affiliate's loss of all rights to his/her Down line Organization and any bonuses and commissions generated thereby. An Affiliate whose Agreement is involuntarily cancelled shall receive commissions and bonuses only for the last full calendar week prior to termination. When an Affiliate is involuntarily cancelled, the Affiliate will be notified by certified mail at the address on file with the Company. Cancellation is effective on the date on which written notice is mailed via certified mail, return receipt requested, to the Affiliate's last known address or when the Affiliate receives actual notice of cancellation, whichever occurs first. In the event of such Involuntary Cancellation, the Affiliate must immediately cease to represent himself/herself as a The Virtual Benefits Card Affiliate. The Affiliate may appeal the termination to The Virtual Benefits Card Compliance Department. The Affiliate's appeal must be in writing and must be received by the company within fifteen (15) calendar days of the date of The Virtual Benefits Card’s cancellation letter. If The Virtual Benefits Card does not receive the appeal within the fifteen-day period, the cancellation will be final. The Affiliate must submit all supporting documentation with his/ her appeal correspondence. The written appeal will be reviewed by the Compliance Department. If the Affiliate files a timely appeal of termination, the Compliance Department will review and reconsider the termination, consider any other appropriate action, and notify the Affiliate in writing of its decision. This decision of the Compliance Department will be final. An Affiliate whose Affiliate User Agreement is involuntarily cancelled may reapply to become an Affiliate twelve (12) calendar months from the date of cancellation. Any such Affiliate wishing to reapply must submit a letter to The Virtual Benefits Card Compliance Department setting forth the reasons why he/she believes The Virtual Benefits Card should allow him or her to operate an Affiliate. It is within The Virtual Benefits Card’s sole discretion whether to permit such an individual to again operate a The Virtual Benefits Card business.
Written Cancellation - An Affiliate may cancel his/her Agreement with The Virtual Benefits Card at any time and for any reason by providing written notice to The Virtual Benefits Card indicating his/her intent to discontinue his/her Affiliate status. The written notice must include the Affiliate's signature, printed name, address, and appropriate identification number.
Effect of Cancellation - Following an Affiliate's voluntary or involuntary cancellation, such former Affiliate shall have no right, title, claim, or interest to the Downline Organization which he/she operated or any bonus and/or commission from the sales generated by the organization. Following an Affiliate's voluntary or involuntary cancellation, the former Affiliate shall not hold himself or herself out as a The Virtual Benefits Card Affiliate shall not have the right to sell The Virtual Benefits Card products or services, must remove any The Virtual Benefits Card sign from public view, and must discontinue using any other materials bearing any The Virtual Benefits Card logo, trademark, or service mark. An Affiliate who is voluntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to his/her cancellation. An Affiliate whose Agreement is involuntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to cancellation, unless monies were withheld by the Company during an investigation period. If an investigation of the Affiliate's conduct results in his/her involuntary cancellation, he/she shall not be entitled to recover withheld commissions and bonuses.
Definitions
Active Affiliate - An Affiliate who satisfies the minimum Personal Sales Volume requirements as set forth in The Virtual Benefits Card Compensation Plan.
Affiliate - An individual who has executed an Affiliate application and agreement which has been accepted by The Virtual Benefits Card. Affiliates are required to meet certain qualifications and are responsible for the training, motivation, support, and development of the Affiliates in their respective Down line Organizations. Affiliates are entitled to purchase The Virtual Benefits Card products at Affiliate prices, enroll Customers and new Affiliates, and take part in all Company Affiliate programs.
Agreement - The term Affiliate User Agreement, as used in the Policies and Procedures, refers to the Affiliate Application and Agreement, The Virtual Benefits Card’s Policies and Procedures, and the Compensation Plan.
Cancellation - Termination of an individual's Affiliate. Cancellation may be either voluntary or involuntary
Involuntary Cancellation - Termination of an Affiliate which is initiated by The Virtual Benefits Card.
Voluntary Cancellation - The termination of an Affiliate instituted by the Affiliate who elects to discontinue his/her affiliation with The Virtual Benefits Card for any reason.
Down line Organization - An Affiliate's down line Organization consists of all Affiliates below him/her.
Genealogy Report - A report generated by The Virtual Benefits Card that provides critical data relating to the identities of Affiliates and sales information of each Affiliate's Down line Organization. This report contains proprietary trade secret information.
Left Side Group Sales Volume (GSV) - The commissionable volume of products sold in the left down line leg of a particular Binary Comp Plan structure.
Right Side Group Sales Volume (GSV) - The commissionable volume of products sold in the right down line leg of a particular Binary Comp Plan structure.
Immediate Household - An Affiliate, his or her spouse or defacto, and dependents.
Level - The layers of down line Affiliates in a particular Affiliate's down line Organization. This term refers to the relationship of an Affiliate relative to a particular up line Affiliate, determined by the number of Affiliates between them who are related by sponsorship.
Official The Virtual Benefits Card Material - Literature, audio or video tapes, and other materials developed, printed, published, or distributed by The Virtual Benefits Card.
Sponsor - An Affiliate who enrolls a new Affiliate or Preferred Customer and is listed as the Sponsor on the Affiliate Application and Agreement. As the term implies, the Sponsor has a responsibility to assist those he/she brings into the business.
Up line - The term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line to the company. Conversely stated, it is the line of Sponsors that links any particular Affiliate to the Company.
USER AGREEMENT
Last Updated May 25, 2019
Affiliate User Agreement between the named Applicant and The Virtual Benefits Card, Inc effective under the terms and conditions below:
Applicant hereby applies for authorization as an Affiliate in The Virtual Benefits Card’s network marketing program. For a period of 21 days from the submission of this application, or until such time as The Virtual Benefits Card, Inc notifies Applicant of this application's acceptance or rejection, Applicant is provisionally authorized as an Affiliate and granted the rights to sell The Virtual Benefits Card, Inc products and services. The Virtual Benefits Card, Inc reserves the right to accept or reject any application for any reason.
Upon acceptance as an Affiliate by The Virtual Benefits Card, Inc, Applicant is authorized as an Affiliate for one calendar year. The Company reserves the right to terminate this Agreement at any time 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, or at any time upon not less than 7 days' notice and without further notice if the Affiliate breaches this Agreement and fails to remedy the breach before the end of the notice period.
Applicant has read and agrees to be bound by the terms of this agreement, The Virtual Benefits Card, Inc full Compensation Plan, Policies & Procedures, Income Disclaimers, Terms of Use, Privacy Policy and Refund Policy all of which are incorporated herein by reference and made a part hereof for all purposes. The Virtual Benefits Card, Inc reserves the right to change the Compensation Plan, Policies & Procedures, Income Disclaimers, Terms of Use, Privacy Policy and Refund Policy at any time in its sole discretion, and Applicant agrees to be bound by such changes.
Applicant is an independent contractor under the terms of this agreement, and not an agent, employee, or legal representative of his/ her sponsor or The Virtual Benefits Card, Inc, and will in no way represent him/herself as such. As such, Applicant has no power to bind The Virtual Benefits Card, Inc to any obligation and Applicant is responsible for all applicable income, sales, social security, unemployment or other tax, license, or fee arising out of Applicant’s activities hereunder.
Applicant will not produce, promote, or use materials of any kind describing The Virtual Benefits Card’s names, programs, products, and trademarked, copyrighted, or otherwise protected materials except as permitted in The Virtual Benefits Card’s policies.
Applicant has the duty to supervise and train any Affiliates that he/she may sponsor as described in the Policies and Procedures. Applicant will explain The Virtual Benefits Card’s programs honestly and completely when presenting them to others. Applicant understands and will make clear in any presentation the following: that no earnings are guaranteed by The Virtual Benefits Card, Inc or its programs; no Affiliate will earn money solely for sponsoring; no specific amount of product must be purchased at any level; commissions are based on product sales; that there are no exclusive territories for Affiliates in the program.
Applicant agrees that compensation is only paid for sales of product and services as defined in the Policies and Procedures and in the company's Compensation Plan.
Any sale or assignment of this agreement must be approved by The Virtual Benefits Card, Inc. Successors in interest or assigns must comply with all program requirements.
The undersigned hereby acknowledges that he/she is of legal age and authorized to bind Applicant to each of the terms set forth herein and to the terms of the Policies & Procedures.
Venue and jurisdiction for any action pertaining to this agreement or any Affiliate agreement or claim between the parties hereto shall be in Broward County, Florida, except where the laws of your state expressly require the application of its laws. This agreement shall be governed by the laws of United States.
No purchase is necessary to become an Independent Affiliate.
You have the right to cancel your Agreement at any time and for any reason.
You are free to participate in other multilevel marketing ventures, but you may not sell or promote to Affiliates or Customers of the company similar or competitive products or services or any other multilevel marketing opportunity.
The Virtual Benefits Card, Inc genealogy reports are confidential and proprietary business trade secrets. You may not use the reports for any purpose other than to develop your The Virtual Benefits Card, Inc business. Specifically, you must not disclose any information contained in the reports to a third party or use the reports to compete with The Virtual Benefits Card, Inc or to recruit or solicit Affiliates or Customers of the company to participate in other multilevel marketing ventures.
The Virtual Benefits Card’s failure to exercise any rights as set forth in this agreement or to insist on your strict compliance with the terms and conditions of this agreement and the Policies & Procedures does not constitute a waiver of The Virtual Benefits Card’s right to require compliance therewith.
The Virtual Benefits Card’s waiver of any Affiliate default does not affect The Virtual Benefits Card’s rights with respect to any subsequent default or the rights or obligations of any other Affiliate. Delays or omissions by The Virtual Benefits Card, Inc in exercising rights which might arise from an Affiliate's default do not affect the company's rights concerning the default or any subsequent default.
The Virtual Benefits Card, Inc reserves the right to cancel any Affiliate at any time for cause if the Affiliate violates the terms and conditions of this Agreement or the provisions of the Policies & Procedures or Compensation Plan.
Taxpayer Identification Number. If you are a United States person (including a resident alien), you must provide The Virtual Benefits Card, Inc with your correct taxpayer identification number ("TIN"), which for individuals is either your Social Security Number ("SSN") or, if you are a resident alien and you do not have and are not eligible to get an SSN, your Individual taxpayer Identification Number ("ITIN"). For a distributorship that is a partnership, corporation, company or association organized in the United States or under the laws of the United States, you must provide The Virtual Benefits Card, Inc with your employer Identification Number ("EIN"). If you fail to provide The Virtual Benefits Card, Inc with a TIN or the TIN you provide to The Virtual Benefits Card, Inc is incorrect, The Virtual Benefits Card, Inc will withhold and pay to the IRS 28 percent of your income over $600, unless you certify to The Virtual Benefits Card, Inc that you are a corporation exempt from backup withholding or otherwise not subject to backup withholding. By signing this Agreement, you certify that (i) the TIN you have provided to The Virtual Benefits Card, Inc is correct, (ii) you are a United States person (including a resident alien),(iii) if applicable, you are not subject to backup withholding, and (iv) you are exempt from the requirement to report foreign financial assets under the Foreign Account Tax Compliance Act ("FATCA").
You may be required from time to time to provide The Virtual Benefits Card, Inc with personal information relating to your this Agreement. The Virtual Benefits Card’s rights to use your personal information and your rights to access and correct the personal information you give The Virtual Benefits Card, Inc. are described in The Virtual Benefits Card’s Policies & Procedures. By signing this Agreement, you consent to The Virtual Benefits Card’s collection, use, and disclosure of your personal information in accordance with The Virtual Benefits Card’s Policies & Procedures.
By registering on our website, you give The Virtual Benefits Card, Inc consent to contact you by telephone, facsimile transmission, e-mail or text, concerning your Affiliate Agreement, and any related The Virtual Benefits Card, Inc matter.
Affiliate agrees not to contact or initiate contact at any time or for any purpose, either directly or indirectly, with any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of The Virtual Benefits Card’s Vendors or Suppliers, unless such approval is specifically granted in written form by The Virtual Benefits Card, Inc, which shall be considered on a case-by-case basis. Any communication sent by any Affiliate to The Virtual Benefits Card’s Vendors or Suppliers, either directly or indirectly to any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of The Virtual Benefits Card’s Vendors or Suppliers is in direct violation of this Agreement and could result in the termination of your Agreement. This includes any and all verbal and or written communications. From time to time The Virtual Benefits Card, Inc may invite guest from The Virtual Benefits Card’s Vendors or Suppliers to speak on The Virtual Benefits Card, Inc webinars and conference calls, such guest appearance do not constitute The Virtual Benefits Card’s approval for furthered communications with The Virtual Benefits Card’s Vendors or Suppliers. You further agree and understand that the only entity which has an Agreement with The Virtual Benefits Card’s Vendors or Suppliers is The Virtual Benefits Card, Inc.
To the maximum extent permitted by law, The Virtual Benefits Card, Inc, 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 The Virtual Benefits Card, Inc and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. You further agree to release The Virtual Benefits Card, Inc and its Affiliates from all liability arising from or relating to: (a) my, or any other Affiliate 's, breach of the Agreement; (b) the promotion or operation of a The Virtual Benefits Card, Inc business by me or any other Affiliate and any activities related to it, including, but not limited to, the presentation of Products/Services or the Company Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify The Virtual Benefits Card, Inc and its Affiliates for any liability, damages, fines, penalties, or other; (c) any incorrect data or information provided by me or any other Affiliates to The Virtual Benefits Card, Inc; (d) my, or any other Affiliate's, failure to provide any information or data necessary for The Virtual Benefits Card, Inc to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify The Virtual Benefits Card, Inc for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my The Virtual Benefits Card, Inc business.
3,298,930
VCashCard Bronze Membership Package
VCashCard Silver Membership Package
VCashCard Gold Membership Package
VCashCard Platinum Membership Package
Rapid Pay Commissions on all Cash Sales.
RAPID PAY COMMISSIONS
