Terms Of UseBack to Top
1. Site Use Generally
2. Content Posted by Users
3. Your Conduct
4. Site Warranty Disclaimer & Indemnification
5. Limitation of Liability
6. Satisfaction Guarantee
7. Product Warranties
8. Returns
9. Confidentiality
10. General Terms
11. REGISTRATION, PURCHASES, REPURCHASES & COMMISSIONS
Terms of Use for Leilmall (leilmall.com) – Please Read
Thank you for visiting www.leilmall.com (the "Site"). This Site is powered by Leilmall Limited. and made available by Leilmall as a service. All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the "Terms"). As used herein, the terms "our," "we," and "us" refer to both leilmall and Life Evergreen Internationall LLC.
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU ARE A CURRENT OR FORMER AFFILIATE OR USE OUR SITE TO REGISTER AS AN AFFILIATE, YOU ARE ALSO BOUND BY THE AFFILIATE CONTRACT AS DEFINED IN RULE OF THE LEILMALL RULES OF CONDUCT. FOR AVOIDANCE OF DOUBT, IN THE EVENT OF A CONFLICT OR INCONSISTENCY BETWEEN OUR SITE’S TERMS OF USE AND THE AFFILIATE CONTRACT (COMPENSATION PLAN: https://www.leilmall.com/our-compensation), THE AFFILIATE CONTRACT SHALL GOVERN AND APPLY.
1. SITE USE GENERALLY
1.1. Your User License
You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Canada, Australia, New Zealand, Nigeria, South Africa, India and the Atlantic and Internationally operating under the LEILMALL™ Leilmall Business Compensation Plan ("Applicable Markets"). We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products or services are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
1.2. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without leilmall’s prior written permission, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to Leilmall or its licensors.
1.3. Privacy and Your Personal Information
Your use of our Site is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and agree to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Statement.
1.4. Site Identifiers
It is your responsibility to safeguard the password you use to access our Site, and to promptly advise Leilmall or your leader if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your Username and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your username and password.
1.5. Links to Other Websites
Our Site may contain links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site.
1.6. Intellectual Property Rights
1.6.1. Copyright
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Leilall’s prior written permission.
1.6.2. Trademark
Leilmall™, the Leilmall logo, and all product names, company names, and all other trademarks and logos, unless otherwise noted, are trademarks and/or trade dress of Life Evergreen International LLC in the United States, or its affiliates or other companies under common ownership or control or their licensors (the "Marks"). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
1.6.3. Patents
Please note that International & U.S. Patent 6,980,962 may apply to portions of this website. One or more other patents may also apply to this website, including without limitation.
1.7. Termination
These Terms are effective until terminated by Leilmall Limited. Your rights under these Terms will terminate automatically if you fail to comply with any of its terms.
2. CONTENT POSTED BY USERS
2.1. Content
2.1.1. All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and other materials ("Content") posted to the Site by users, including you, is the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Content posted under your user account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post; (ii) that the content is accurate; (iii) use of the Content you supply does not violate these Terms; (iv) the Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Content will not cause injury to any person or entity.
2.1.2. Should Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.
2.1.3. If we determine, in our sole discretion, that any Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, we may remove the Content. We have no obligation, however, to restrict or monitor Content in any way.
2.1.4. You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that is offensive, indecent, or objectionable.
2.1.5. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Site.
2.1.6. We do not control the Content posted on or through the Site by third parties and, therefore, we do not guarantee the accuracy, integrity, or quality of such Content. You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness.
2.1.7. You acknowledge that we are under no obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms or any other leilmall.com policy or is otherwise objectionable, in our sole discretion.
2.1.8. Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
2.1.9. We reserve the right to monitor some, all, or none of the areas of the Site for adherence to these Terms. You acknowledge that by providing you with the ability to post information on the Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on the Site.
2.2. Content License. We do not claim ownership of the Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content. By uploading, placing, or posting Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Content (in whole or in part), and incorporate such Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content, if we choose. You hereby irrevocably waive any claims based on "moral rights" and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of Content by you may have terms applicable to your Content that differ from those above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your Content.
3. YOUR CONDUCT
3.1. Your Authorization to Use the Site. Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines.
3.2. Conduct Guidelines/Community Standards. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:
3.2.1. upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
3.2.2. harm minors in any way;
3.2.3. impersonate any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3.2.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or otherwise made available through the Site;
3.2.5. upload, post, or otherwise transmit any Content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3.2.6. upload, post, or otherwise transmit any Content or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
3.2.7. upload, post, or otherwise transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, "chain letters," or any other practice that is in any way connected with "spam," such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical (d) making wrong representation of the company"s compensation plan.
3.2.8. upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
3.2.9. interfere with or disrupt the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
3.2.10. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or international securities exchange and any regulations having the force of law;
3.2.11. "stalk" or otherwise harass another;
3.2.12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
3.2.13. offer for sale or sell any item, good, or service through our Site;
3.2.14. use the Site as a forwarding service to another website;
3.2.15. allow usage by others in such a way as to violate these Terms or any other Amway.com policy;
3.2.16. take any steps to interfere with or in any manner compromise any of our security measures;
3.2.17. use the site for fraudulent purposes;
3.2.18. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
3.2.19. sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third-party website or service;
3.2.20. copy the Site or any portion thereof (other than as provided under International copyright laws);
3.2.21. remove any proprietary notices from the Site;
3.2.22. cause, permit, or authorize the modification, creation of derivative works, or translation of the Site without our express permission;
3.2.23. sell, assign, rent, lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity;
3.2.24. attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site;
3.2.25. use the Site in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).
4. SITE WARRANTY DISCLAIMER & INDEMNIFICATION
OUR SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
You agree to indemnify and hold Leilmall, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of this Site, your connection to the Site, your violation of these Terms or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms, whether you are a registered user or not. You are solely responsible for your actions when using the Site, including, but not limited to, costs incurred for Internet access.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of these Terms, Leilmall is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Leilmall’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
6. SATISFACTION GUARANTEE
Leilmall is a recognized leader in the industry for offering superior value in a high-quality product line. We stand behind the quality of our products and guarantee your satisfaction. If for any reason you try our products and are not completely satisfied, you may return it within 30 days of purchase for an exchange. (Note: Specific limited guarantees apply to designated products.) This satisfaction guarantee does not apply to Registration Packages for Affiliates but to repurchases.
7. PRODUCT WARRANTIES
Detailed information concerning applicable product warranties can be obtained on the Site, or contact us as described in the “Contact Us” section, below, and we will assist you.
8. RETURNS
You may return items using the support system available on the Site or in the packaging information included with each order. Detailed information on returns handling can also be obtained on the Site, or contact us as described in the "Contact Us" section, below, and we will assist you.
9. CONFIDENTIALITY
For Affiliates with a business powered by Leilmall, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, scopeof Sponsorship (SOS) information, i.e., information compiled by Leilmall that discloses or relates to all or part of the specific arrangement of sponsorship within the CompensationPlan, including, without limitation, Affiliate lists, sponsorship trees, and all Affiliate contact and business performance information generated therefrom (Proprietary Information), which may be made available to you on the Site. You acknowledge that Leilmall is the exclusive owner of all Proprietary Information and agree to maintain all Proprietary Information in strictest confidence and to use it only as authorized by Leilmall. You agree not to compile, organize access, create lists of, or otherwise use Proprietary Information except as authorized by Leilmall under the Affiliate Rules of Conduct and the regulations and procedures outlined in the Compensation Plan.
10. GENERAL TERMS
10.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the "Contact Us" section, below, and we’ll verify it for you.
10.2. Governing Law and Jurisdiction
Except to the extent the Affiliate Contract applies, these Terms are governed by and interpreted according to the laws of the State of Delaware and other countries Leilmall are registered (without regard to its conflict of law principles), and you hereby consent to the exclusive jurisdiction of the state or federal courts in the State where Leilmall has its Country Registered office to adjudicate any dispute arising under or in connection with this Agreement. You hereby waive any objection based on inconvenient forum. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
10.3. Changes to These Terms
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.
10.4. Contact Us
If you have any concerns about the Site or these Terms, please send us an e-mail or open a ticket in our support: We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
10.5. Notice and Procedure for Making Claims of Intellectual Property Infringement
Leilmall respects the intellectual property rights of others and expects its users to do the same. Leilmall may remove content that in its sole discretion appears to infringe the rights of others.
If you believe that any content posted on leilmall.com infringes your intellectual property rights, please notify Leilmall’s Intellectual Property Agent pursuant to the following instructions:
Notifications of claimed infringement should be sent to the following Designated Email: infringement@leilmall.com
To be effective, the notification must be a written communication to the above Designated Agent that includes the following:
A physical or electronic signature of the intellectual property rights owner or one authorized to act upon their behalf;
Identification of the right claimed to have been infringed, or, if multiple rights at a single online site are covered by a single notification, a list of the multiple rights that have been infringed at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate and remove the material;
Information enabling the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Updated and effective April 30, 2021.
Copyright © 2021 Leilmall Limited.
All rights reserved.
Rules Of Conduct
Introduction
Definitions
Becoming an Affiliate
Responsibilities and Obligations
Presentation of the Plan, Sponsoring and Support
Preservation of the Scope of Sponsorship
Business Support Materials
Marks and Copyrighted Works
Complying with the Affiliate Contract (Remedies for Breach)
Modification of the Affiliate Contract
Dispute Resolution Procedures
1. INTRODUCTION
The Rules of Conduct ("Rules") form an important part of the contract between Leilmall and the Affiliate (the "AFFILIATE Contract"). The Rules have been carefully developed in consultation with the Leilmall Board, and have been implemented following notice to Affiliatess and review of their comments.
Affiliatess own and operate their own Independent Businesses ("IBs"). Leilmall recognizes the value of the contributions that Affiliatess who have achieved business goals can make to the development of other Affiliatess whom they sponsor and support under the Rules. As Affiliates develop into established leaders, they play an increasingly important role in mentoring, teaching and training other Affiliatess about the Leilmall business. Among other things, the Rules are designed to ensure that all Leaders have the support that they need to continue to develop their Business with Leilall.
Under the Leaders Contract, Affiliatess receive substantial benefits, including: the right to purchase products through Leilmall at Distributors price for resale; the right to sponsor others to become Affiliates and sell products offered at www.leilmall.com; the right to qualify for bonuses under the Leilmall Compensation Plan ("Plan"); use of Leilmall’s intellectual property in accordance with the Rules; and a variety of support for Affiliatess and their Customers. As part of its commitment to support the opportunity made available to Affiliatess, Leilmall invests substantial resources in goodwill, in the Scope of Sponsorship ("SOS") and in SOS Information to provide Leilmall and Affiliates with a competitive advantage. All Affiliatess and Leilmall share a competitive business interest in maintaining and protecting these assets and interests. The Rules provide important safeguards for Affiliatess and Leilmall in this regard, as well as contractual rights and obligations.
1.1. Contractual Relationship: Leilmall Limited. ("Leilmall") has a contract with each Affiliate that includes all of the terms in the Leilmall Registration Agreement form executed by the Affiliate, the Plan and the Rules in effect at the time the Affiliate executed the Affiliate Registration Agreement, and or modifications to the Plan or Rules that become effective during the term of the contract (the "Affiliate Contract"). The current version of the Plan and Rules can be found at https://www.leilmall.com/our-compensation
As part of the Affiliate Contract, Affiliatess have an obligation to comply with the Rules.
1.2. Choice of Law: Except to the extent that the Federal Arbitration Act applies, the formation, construction, interpretation, and enforceability of the Affiliate Contract, and all claims arising from or relating to the Affiliate Contract, shall be governed by competent court where Leilmall has its Registered Coperate Offices, without giving effect to any choice of law or conflicts of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of jurisdiction.
1.3. Severability: If an arbitrator or court of competent jurisdiction determines any portion of the Rules of Conduct is unenforceable in any respect, then it shall enforce the rest of the Rules of Conduct to the fullest extent permitted by law without affecting the enforceability of all remaining Rules of Conduct.
2. DEFINITIONS
2.1. Leilmall Compensation Plan (or Plan) means the business arrangement through which Affiliates receive certain income or other compensation as described in Section A of the Business Reference Guide.
2.2. Copyrighted Works means works protectable by copyrights that are owned by, created by or licensed to Leilmall.
2.3. Customer means a non-Affiliates who is an end user of products and services offered through or by Leilmall.
2.4. Affilite Business (AB) means a Leilmall Business business operated by an Affiliate(s) pursuant to the Affiliate Contract.
2.5. Affiliates (As) means an individual(s) or entity operating an Business pursuant to the Affiliate Contract.
2.6. Stockists: Individuals or Companies that distribute our goods and services .
2.7. Scope of Sponsorship (SOS) means the structural arrangement of Affiliatess established by the contractual relationship that each Affiliates has with Leilmall.
2.8. SOS Information includes all information that discloses or relates to all or part of the Scope of Sponsorship, including but not limited to Affiliates numbers and other Affiliates business identification data, Affiliate personal contact information, Affiliate business performance information, and all information generated or derived therefrom, in its past, present or future forms.
2.9. Marks means the trademarks, service marks, trade dress and trade names adopted or used by Leilmall and/or otherwise the subject of pending or existing trademark rights owned by or licensed to Leilmall, regardless of whether the trademarks, service marks, trade dress or trade names are the subject of trademark applications or registrations.
2.10. Prospect means a prospective Affiliates.
2.11. Region means where ever Leilmall is Registered & operating under the Plan.
2.12. Use means: (a) with reference to Marks, directly or indirectly placing, affixing or displaying one or more Marks on or in connection with goods or services, in a manner that tends to create the impression of an affiliation, connection, or association between Leilmall and the Affiliate or Approved Stockists; and (b) with reference to Copyrighted Works, to reproduce, distribute and/or display copies of the Copyrighted Works, in whole or in part, including by means of digital audio transmissions, and to create any derivative works.
3. BECOMING AN AFFILIATE
3.1. Registration Agreement: To become an Affiliate, an applicant must be 18 years of age, complete and accept the Affilate Registration Agreement in accordance with the procedures on the Leilmall website, and pay the Registration Package fees and Support fee specified in the Affiliate Registration Agreement.
3.2. Acceptance or Rejection of Affiliate Registration Agreement: Leilmall reserves the right to accept or reject any Affiliate Registration Agreement. A registration shall be considered accepted by Leilmall when it receives a completed and Accepted Affiliate Registration Agreement in accordance with Rule 3.1, its contents are verified with Leilmall’s database, and the registration does not violate any Rule of Conduct.
3.3. Legal Entities as Affiliates: Affiliate Business shall be formed initially by and in the name(s) of the individual applicant(s). After receiving a Username, an Affiliate who wishes to operate as a Service Centre must complete the appropriate Stockist Agreement for stockist and make payment as specified in the Affiliate contract and submit it to Leilmall, which may accept or reject it.
3.4. Husband and Wife Afilates: This is regarded as separate Affiliates.
3.5. Minors as Affiliates: Minors who are at least 16 years of age may become Affiliatess only for the single purpose of merchandising products and services offered through or by Leilmall. A minor who desires to become an Affiliates must be added as a co-owner to his or her parent’s or guardian’s Business . Minors cannot serve in the role as Leaders.
3.6. Term: The term of the Affiliate Contract shall share remain provided the affiliate is still active in our system.
3.7. Annual Renewal: No annual renewal is needed.
3.8. Affiliate Contract Termination: An Affiliate may terminate his or her Affiliate Contract at any time prior to expiration by written communication to the Leilmall Customer service. A person who terminates his or her Affiliate Contract may immediately become a Customer.
3.10. Death and Inheritance: An Affiliate Business account can be passed on to a deceased Affiliate’s spouse, heirs, or other beneficiary.
3.10.1. In cases where the Affiliate Business is owned jointly, such as a husband and wife or partnership, and one spouse or partner dies, unless they have previously arranged otherwise, Leilmall will recognize the surviving spouse or partner(s) as the owner(s) of the Account. The survivor(s) must forward a certified copy of the death certificate in order for Leilmall to change its records.
3.10.2. In cases where the Business Account is operated as an entity under Rule 3.3, and one of the owners of the entity dies, the entity will continue to operate the BC, provided the entity remains in compliance with Rule 3.3 and the successor of the deceased owner is an Affiliate in full compliance with the Rules. The entity shall notify Leilmall of the change in ownership or control of the entity by submitting the currently applicable Entity Agreement reflecting the proposed changes, and any proposed changes in the ownership or control of the entity require the express approval of Leilmall in writing.
3.10.3. In cases where an Affiliate disposes of an Business account in a will, Leilmall will recognize the terms of the transfer, provided the beneficiary is an Affiliate who is in compliance with the Rules.
3.10.4. If there is no qualified Affiliate in a position to operate an account due to probate or other court procedures, Leilmall will have the option of entering into a servicing agreement with another Affiliate, preferably upline in the SOS, to manage the BC until the proceedings are complete.
4. RESPONSIBILITIES AND OBLIGATIONS
4.1. Duty of Good Faith: Under the terms of the Affiliate Contract, Leilmall and all Affiliates agree to perform their obligations in accordance with the duty of good faith and fair dealing. An Affiliate will be held accountable for the actions of a partner, family member or third party acting or purporting to act on behalf of the Affiliate, so far as the Rules of Conduct are concerned. An Affiliate shall not aid and abet another Affiliate to violate the Rules of Conduct. Affiliates shall not conduct any activity that could jeopardize the reputation of Leilmall or Affiliates.
4.2. Cross-Group Buying or Selling: No Affiliate shall engage in cross-group buying or selling. Cross-group buying and selling occurs when an Affiliate sells products and services offered through or by Leilmall to another Affiliate he or she did not personally sponsor, except (a) as may be permitted under a servicing agreement pursuant to Rule 5.5.4 or (b) when an Affiliate purchases from or through his or her upline products and services offered through or by Leilmall.
4.3. Unsolicited Electronic Messages: No Affiliate shall send, transmit, or otherwise communicate any unsolicited electronic messages relating to Leilmall, its business opportunity, products or services to persons with whom the Affiliate does not have a pre-existing personal or business relationship. (This includes, but is not limited to, sending messages through newsgroups, purchased mailing lists, "safe lists," or other lists of individuals or entities with whom or which the IBO does not have a preexisting relationship.)
4.4. Advertising: Affiliates may advertise only with the express approval of Leilmall in writing.
4.5. Retail Establishments: An Affiliate who works in or owns a retail establishment must operate his or her Business separate and apart from the retail establishment. No Affiliate shall permit products, services or literature offered through or by Leilmall to be sold or displayed in retail establishments, including, but not limited to, places like schools, fairs, kiosks, vending machines, unauthorized internet websites, military stores, salons or professional offices.
4.5.1. Event Sales: The sale of authorized product categories by Affiliates are permitted only at temporary (no more than 10 days) events whose themes are consistent with the products being sold, and only with the express approval of Leilmall in writing. To allow Leilmall sufficient time to grant approval, the Affiliate must submit a completed Event Sales request to Leilmall 15 days prior to the event.
4.5.2. Display Booths: The display only (no sales) of products and approved literature by Leilmalls is permitted only at temporary (no more than 10 days) events, and only with the express approval of Leilmall in writing. To allow Leilmall sufficient time to grant approval, the Affiliate must submit a completed Display Booth request to Leilmall 15 days prior to the event.
4.6. Statements About Products, Services, and the Opportunity: An Affiliate shall make only truthful and accurate statements about the business opportunity, products and services offered through or by Leilmall. Affiliatess shall not make any claims about products or services offered through or by Leilmall other than those claims found in Leilmall authorized literature and at www.leilmall.com
4.7. Repackaging: Products offered through or by Leilmall are to be sold only in their original packages and in their original formulations. Affiliates may not repackage products or otherwise change or alter any of the packaging, labels or materials of products offered through or by Leilmall.
4.8. Written Sales Receipt: An Affiliate who takes and/or delivers an order in person for over $40 shall deliver to the customer at the time of sale a written and dated order or receipt which shall: (a) describe the product(s) sold; (b) state the price charged; (c) give the name, address, and telephone number of the selling Affiliate; and (d) include Leilmall’s Satisfaction Guarantee.
4.9. Satisfaction Guarantee: When a Customer requests Satisfaction Guarantee service within the stated guarantee period for a product purchased directly from an Affiliate, the Affiliate shall immediately offer the individual his or her choice of: (a) an exchange for a like product; or (b) full credit toward the purchase of another product. If a product is shipped directly to the Customer by Leilmall, the Customer should follow the return instructions on the website. In the case of Affiliate purchases, only those that the Affiliate makes for personal, family or household use may be returned under the Satisfaction Guarantee. provided is not registration package. Registration packages is non refundable or returnable.
4.10. Buy-Back Rule: Affiliatess leaving the Leilmall business have a right to return Leilmall products provided it is still in its orginal state. Leilmall decision on this is supreme. A departing Affiliate may choose to sell marketable Leilmall products to an upline Affiliate at a mutually agreeable price. If a departing Affiliate is unable to secure the buy-back of inventory through an upline, Leilmall shall repurchase the departing Affiliate’s unused currently marketable Leilmall products subject to the following: (a) Leilmall will make all appropriate Bonuses charge backs to those accounts who originally received them; and (b) Leilmall will take 75% of the cost of the product and pay the affiliate 25%.
4.11. Other Returns: An Affiliate who is not leaving the Leilmall business may ask Leilmall to buy back Leilmall products where he or she may be experiencing financial hardship or other exceptional circumstances as explained by the Affiliates. Return requests are reviewed on a case-by-case basis. Leilmall reserves the right to repurchase only unused currently marketable Leilmall products subject to Rule 4.9.
4.12. Compensation: for an Affiliate to benefit in our bonus and commissions, Affiliate must be ready to sell our products and services and also introduce atleast other two members.
4.13. Compliance with Applicable Laws, Regulations, and Codes: Affiliates shall comply with all laws, regulations, and codes that apply to the operation of their Business wherever said business may be conducted. Affiliates shall not directly or indirectly encourage, or aid and abet any person to violate any laws, regulations, codes, or term of the Affiliate Contract. No Affiliate may operate any illegal or unlawful business enterprise, or engage or participate in any deceptive, illegal or unlawful trade practices.
4.14. Affiliate Relationship: Affiliatess are independent contractors. Affiliates shall not state or imply that they are employees, agents or legal representatives of Leilmall, its affiliates, and/or other affiliate. Affiliatess shall not represent or imply, either directly or indirectly, that registration creates an employment relationship between themselves and the Affiliates whom they have sponsored or who have sponsored them.
4.15. Franchises and Territories: Affiliates shall not represent to anyone that there are franchises or exclusive territories available under the Plan.
4.16. Enticement to Change Position in the Scope of Sponsorship: Under no circumstances shall an Affiliate, directly or indirectly, solicit, assist, attempt to induce, or encourage, another Affiliate to request a change in position in the Scope of Sponsorship.
4.17. Exporting and Importing: Affiliates shall not export or import products or services offered through or by Leilmall, or sell to others they have reason to believe will import or export such products or services, to or from the United States or its possessions or territories or any other country, regardless of whether or not Leilmall or its affiliates have established operations or are doing business in that country. Nothing in this Rule prohibits Affiliates from personal use or resale within the Region in accordance with the Affiliate Contract.
4.18. Activity Outside The Region or Activity Outside The Market Where The Affiliate Is Registered: Affiliates who engage, directly or indirectly, in any activity related to the Leilmall business in a jurisdiction outside of the Region must do so in a manner that complies with the letter and spirit of the applicable laws, regulations, rules, policies and procedures of the Leilmall affiliate in that jurisdiction, regardless of whether they are registered Affiliatess in that jurisdiction. Failure to do so shall be a breach of the Affiliate Contract.
4.19. Sound Business Practices: Affiliates shall operate their BC in a financially responsible and solvent manner. Leilmall reserves the right to offset bonus payments for amounts an Affiliate owes to Leilmall. If an Affiliate or any member partner in his or her Business files a petition for bankruptcy or has bankruptcy proceedings commenced against him or her, or has any assets seized by court order or taken in execution of an unsatisfied judgment debt, the Affiliate must immediately inform Leilmall.
4.20. Fund-raising: No Affiliate shall use Leilmall products or services in conjunction with any type of fund-raising activity. Fund-raising includes the solicitation for the donation of funds or for the purchase of Leilmall products or services based on the representation that all, or some, of the gains, proceeds, donations, bonuses, or profits generated by such sale will benefit a particular group, organization, or cause.
4.21. Affiliate Plan Manipulation: Affiliates shall not manipulate the Plan, point value (PV) in any way which results in the payment of bonuses or other awards and recognition that have not been earned in accordance with the terms of the Affiliate Contract.
4.22. Personal/Business Information Update: All Affiliates are responsible for communicating any updates or changes to their personal information (e.g., name, address, email address and telephone numbers, etc.) or business information (e.g., business name, address, email address, telephone numbers, addition/deletion of partner, change of business status, etc.) to Leilmall.
4.23. Leilmall Contact: When the Rules require an Affiliate to contact Leilmall for notice, permission or approval, the Affiliate shall contact the Leilmall customer service unit or raise a ticket in support.
5. PRESENTATION OF THE PLAN, SPONSORING AND SUPPORT
5.1. Inviting: When inviting a Prospect to hear a presentation of the Plan, an Affiliate must make it clear that what is being described or offered is the Plan.
5.2. Describing the Plan: When describing the Plan: (a) an Affiliate’s statements must be truthful, accurate and not misleading; (b) the roles of a balanced business (retail sales, personal use and sponsoring) must be accurately described; and (c) all income representations must be limited to income from the Plan, based on actual experience or from Leilmall-authorized materials, and provide realistic income potential.
5.3. Required Disclosures: In seeking participation of a Prospect in the Plan, an Affiliate:
5.3.1. Must give each Prospect a copy of a brochure authorized by Leilmall for use with Prospects that contains the average profits, earnings, and sales figures and percentages as published by Leilmall, and orally inform the Prospect that the brochure contains the average profits, earnings, and sales figures and percentages as published by Leilmall.
5.3.2. Must use only Leilmall-authorized materials or Business Support Materials authorized for use with Prospects.
5.4. Prohibited Sponsoring Practices: In seeking participation of a Prospect in the Plan, an Affiliate:
5.4.1. Must not cite lifestyle examples, e.g., travel, automobile, homes of successful Affiliates, and contributions to charitable causes, unless such benefits were actually accrued as the result of building a successful business.
5.4.2. Must not say or imply that a successful business can be built in the form of a wholesale buying club.
5.4.3. Must not say or imply that there is no requirement for the retail sale or marketing of products by Affiliates.
5.4.4. Must not promote potential benefits of the Plan only.
5.4.5. Must not encourage or require a Prospect to purchase anything not included with the Business Services and registration fee specified in the Affiliate Registration Agreement and must not encourage the purchase of a product or service not identified on the Affiliate Registration Agreement. The only requirements which an Affiliate can impose upon a Prospect whom he or she is willing to register is that the Prospect shall pay the Business Services and Registration fee and sign a completed Affiliate Registration Agreement online.
5.4.6. Must not register or sponsor new Affiliates in a way that manipulates the new Affiliate’s position in the SOS.
5.5. Sponsor’s Responsibilities: A sponsor must comply with the following obligations:
5.5.1. Rules Compliance: The sponsor must be an Affiliate in full compliance with the Rules of Conduct.
5.5.2. Access to the Affiliate Contract: The sponsor must ensure that all Affiliates whom he or she sponsors have access to and the opportunity to read the Affiliate Contract.
5.5.3. Training and Motivation: The sponsor must be able to train and motivate the Affiliates whom he or she has sponsored with a minimum of assistance from his or her first upline. Affiliates may fulfill this obligation by use of Business Support Materials approved by Leilmall
5.5.4. Servicing Arrangements: If an Affiliate is unable or unwilling to service Affiliates whom he or she has sponsored with the proper training or motivation, he or she must make arrangements, in writing, with his or her first upline to provide this service.
5.5.5. Distribution of Bonuses: Afiliatess receive Various Bonus from Leilmall, a part of which may be payable to upline. The check the compensation plan for more details https://www.leilmall.com/our-compensation
5.6. Leaders Responsibilities: Affiliates who qualify for Ranking have additional responsibilities:
5.6.1. Conduct or provide access to periodic sales meetings for the purpose of training and inspiring Affiliates downline to the next qualified ranking and maintain frequent contact with all of them.
5.6.2. Assure compliance with the Rules of Conduct by Affiliates downline to the next qualified Star Maker.
5.7. Prohibited Support Practices: Sponsors and upline Affiliates shall not encourage or require downline Affiliates, as a condition of receiving assistance in building their Business after registration, to (a) purchase any specified amount of Leilmall or non-Leilmall products or services, or (b) maintain a specified inventory of Leilmall or non-Leilmall products or services.
6. PRESERVATION OF THE SCOPE OF SPONSORSHIP
6.1. Confidentiality of the SOS: Leilmall protects the SOS and SOS Information for the benefit of Leilmall and of all Affiliatess. Leilmall keeps SOS Information proprietary and confidential and treats it as a trade secret. Leilmall is the exclusive owner of all SOS Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Leilmall and its Affiliates. Affiliates can use Leilmall’s goodwill and SOS Information only for the purposes permitted under the Affiliate Contract.
6.1.1. IBOs acknowledge, and agree not to challenge, that: (i) LOS Information is confidential and a valuable trade secret owned by Amway; (ii) LOS Information is owned exclusively by Amway; and (iii) IBOs do not own any rights in LOS Information. IBOs agree not to challenge or interfere with Amway’s authority to license or sublicense LOS Information. IBOs shall not assert or seek any rights or protection of any kind in LOS Information other than those limited rights or protections that may be specifically granted by this Rule.
6.1.2. An Affiliate may use SOS Information only with Leilall’s prior written permission, which may be expressed through general publication (to all Affiliates) or through a specific writing to one or more Affiliates. Any permission granted by Leilall shall constitute a limited non-exclusive, non-transferable, and revocable license by Leilmall for an Affiliate to use SOS Information only as necessary to facilitate his or her Business as permitted under these Rules of Conduct. Leilmall reserves the right to deny or revoke any such license, upon reasonable notice to the Affiliate stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Leilmall, such is necessary to protect the confidentiality or value of SOS Information.
6.1.3. All Affiliates shall maintain SOS Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard SOS Information and maintain the confidentiality thereof. An Affiliate shall not compile, organize, access, create lists of, or otherwise use or disclose SOS Information except as authorized by Leilmall. An Affiliate also shall not disclose SOS Information to any third party, or use SOS Information in connection with any other businesses or to compete, directly or indirectly, with the Leilmall business.
6.1.4. An Affiliate shall promptly return any and all SOS Information to Leilmall upon resignation, non-renewal, or termination of his or her Business and shall immediately discontinue any further use thereof.
6.1.5. Every Affiliate acknowledges that use or disclosure of SOS Information, other than as authorized by Leilmall, will cause significant and irreparable harm to Leilmall, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such unauthorized use or disclosure.
6.1.6. An Affiliate’s obligations under this Rule 6.1 shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that Affiliate’s Business.
6.2. Non-Competition and Non-Solicitation:
6.2.1. Non-Competition (current Affiliates): Every Affiliate agrees not to own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, or (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by Leilmall.
6.2.2. Non-Solicitation (current Affiliates): Every Affiliate agrees that he or she will not, on his or her own behalf or on behalf of any person or entity, directly or indirectly, encourage, solicit, or otherwise attempt to recruit or persuade (i) any Affiliate or (ii) any person who has earn a bonus, to own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, or (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by Leilmall.
6.2.3. Non-Competition (former Affiliates): Every Affiliate agrees that, during the six-month period following the, resignation, non-renewal, or termination of that Affiliate’s business, he or she shall not own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, or (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by Leilmall.
6.2.4. Non-Solicitation (former Affiliates): Every Affiliate agrees that, during the twenty-four-month period following the resignation, non-renewal, or termination of that Affiliate’s account, he or she shall not, on his or her own behalf or on behalf of any person or entity, directly or indirectly, encourage, solicit, or otherwise attempt to recruit or persuade (i) any IBO or (ii) any person who has been an IBO within the past two calendar years, to own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, or (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by Leilmall.
6.2.5. The time periods in Rules 6.2.3 and 6.2.4 above shall be extended by any period of time during which the former Affiliate is in violation of the applicable Rule.
6.2.6. The geographic scope of Rules 6.2.1, 6.2.2, 6.2.3 and 6.2.4 is the Region.
6.2.7. All Affiliates agree that these Rules are reasonable in both time and geographic scope.
6.2.8. For purposes of this Rule 6.2, "Key Position" means an owner, employee, agent, or independent contractor who contributes to the profitability of his or her new business or who is in a position to receive benefit or competitive advantage from his or her new business by virtue of his or her access to SOS Information.
6.2.9. Nothing in this Rule 6.2 restricts the sale or distribution of privately developed Business Support Materials in accordance with Rule 7 and Rule 6.3.
6.2.10. Nothing in this Rule 6.2 restricts competition between Affiliate (a) in the sale of products or services offered through or by Leilmall to Customers or (b) in the registration of new Affiliates or Customers.
6.2.11. Every Affiliate acknowledges that this Rule 6.2 protects the reasonable competitive business interests of Leilmall and Affiliates, and that a violation of any subsection of this Rule 6.2 will cause significant and irreparable harm to Affiliates and Leilmall, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such violation.
6.2.12. Except for obligations under Rule 6.2.1 and Rule 6.2.2, an Affiliate’s obligations under this Rule 6.2 shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that Affiliate’s Business.
6.3. Other Business Activities: Except as provided in Rule 6.2, Affiliates may engage in other business ventures, including other selling activities, involving products, services, or business opportunities. However, Affiliatess may not take advantage of their knowledge of or association with other Affiliates whom they did not personally register, including their knowledge resulting from or relating to Line of Sponsorship Information, in order to promote and expand such other business ventures.
6.3.1. Every Affiliate agrees not to solicit, directly or indirectly, other Affiliates whom he or she did not personally sponsor in order to sell, offer to sell, or promote other products, services, business opportunities, investments, securities, or loans not offered through or by Leilmall. Every Affiliate agrees not to sell, offer to sell, or promote any other business opportunities, products, or services in connection with the Plan. Nothing in this Rule 6.3 restricts the sale or distribution of Business Support Materials in accordance with Rule 7.
6.3.2. Nothing in this Rule 6.3 restricts, for example, an Affiliate regularly engaged in the operation of a service station, auto dealership, retail establishment, salon, or a professional service (e.g., law, medicine, dentistry, or accounting) from serving customers who are Affiliates and who have sought them out. But an Affiliate shall not actively solicit the patronage of other Affiliates based on knowledge or information gained as a result of being an Affiliate.
6.4. Approval of Certain Affiliate Contract Changes: The sale of an ownership interest in a Business Account, transferring an account, merging account, separating or dividing an account, or assignment of any rights or obligations under an Affiliate Contract require express approval of Leilmall in writing. None of the foregoing may be used to manipulate the Scope of Sponsorship.
6.5. Individual Transfers: An individual transfer involves the transfer of an Affiliate without any downline Affiliates. Any Affiliate who wants to change his or her sponsor must submit a written request to Leilmall accompanied by (1) a written release signed by all the Affiliates upline in the Scope of Sponsorship up to and including the first qualified leader, (2) a written acceptance from the new Affiliate sponsor and new upline Leader, and (3) a statement indicating the business reason for the transfer request. Upon Leilmall’s express approval in writing of the request, the written acceptance from the new sponsor and upline leader confirms that they will incur all responsibilities of the transferring Affiliate.
6.6. Group Transfers: A group transfer involves the transfer of an Affiliate with one or more downline Affiliates.
6.6.1. An Affiliate who wishes to transfer to a different sponsor with one or more downline IBOs may do so only with the express approval of Leilmall in writing. In addition, an Affiliate must submit a written request to Leilmall accompanied by (a) written consent from all Affiliates upline in the Scope of Sponsorship up to and including the first Leader, (b) written consent of all Affiliates whom the transferring Affiliate wishes to transfer with him or her, (c) written consent by the new sponsor and his or her upline qualified Leader to which the requesting Affiliate wants to be transferred, and (d) a statement indicating the business reason for the transfer request.
6.6.2. No Affiliate currently qualified as a Gold or above can be transferred with downline Affiliates under this Rule.
6.6.3. An Affiliate formerly qualified as a Gold pack or above may be transferred with downline Affiliates if more than twelve months have elapsed since the Affiliate was so qualified.
6.7. Six-Month Inactivity: An Affiliate who wishes to transfer to a different sponsor but is unable to obtain the necessary consents may not register under a new sponsor until the Affiliate has terminated his or her Affiliate Contract or failed to sponsor and has been inactive for a period of 6 months or longer. Following the lapse of the inactive period, the former Affiliate may register as a new Affiliate under a new sponsor.
6.7.1. During the period of inactivity, a person shall not conduct any of the activities of an Affiliate under his or her name, or in the name of another person.
6.7.2. The following shall not interrupt the running of the six-month inactivity period: (a) procuring and/or submitting a written request for transfer; (b) engaging in the Mediation process under Rule 11.4; (c) operating an Leilmall-affiliated business in any other country in which a Leilmall affiliate conducts business; (d) directing an inquiry to Leilmall as to the status of his or her Account; or (e) purchasing Leilmall products or services as a Customer.
6.7.3. Two-Year Inactivity: An Affiliate who transfers to a new sponsor, or who registers under a different sponsor after 6 months of inactivity, may not sponsor any Affiliate who was previously upline or downline to him or her, up to and down 10th Gen unless at least two years have elapsed since the expiration of the sponsored Affiliate’s contract.
6.7.4. Two-Year Inactivity (Joining an Existing Business): Former Affiliates may not be added to an existing Account for a period of 24 months following the expiration of their Affiliate Contract.
6.8. Sale of a Business account: An Affiliate who owns and operates a Business account may sell his or her ownership interest in such account only to another Affiliate who is in compliance with the Rules of Conduct, and who has the sufficient skills, experience, judgment and resources to operate the account, as reasonably determined by Leilmall. Leilmall requires that specific terms of sale be included in any sales agreement. Such terms and a sample sales agreement may be obtained from Leilmall. An account may be sold only with the express approval of Leilmall in writing.
6.8.1. In order to preserve the Scope of Sponsorship, the selling Affiliate must offer his or her account in the order of priority stated below, and the Affiliate(s) interested in purchasing the IB must meet all of the terms and conditions set forth in these Rules.
6.8.1.1. the first option to purchase belongs to the selling Affiliate’s Sponsor, who retains the right to acquire the account throughout the negotiations to sell the account by meeting the price and conditions of any bona fide offer received by and deemed acceptable to the selling Business Account;
6.8.1.2. the second option to purchase belongs to the selling Affiliate’s upliner so long as the first option has not been exercised. The right to acquire the account throughout the negotiations to sell the account by meeting the price and conditions of any bona fide offer received by and deemed acceptable by the selling Affiliate;
6.8.1.3. the third option, exercisable so long as the first or second options above have not been exercised, belongs to any one of the selling Affiliate’s personally registered Affiliates;
6.8.1.4. the fourth option, exercisable so long as the first, second, or third options above have not been exercised, belongs to any qualified leader or above either up or down the Line of Sponsorship from the selling affiliate to the next qualified Diamond;
6.8.1.5. the final option, exercisable so long as the first, second, third or fourth options above have not been exercised, belongs to any Affiliate in good standing.
6.8.2. If Leilmall operates an account, and has entered into a servicing agreement with an Affiliate to manage the IB, Leilmall shall have the option of selling the account to the servicing Affiliate.
6.8.3. When an account is sold, it will remain in its same position in the Scope of Sponsorship.
6.9. Mergers and Combinations of Account: Mergers of account resulting from failure to file a Renewal Agreement, termination, resignation, death (with no designation of succession by heirs) or some involuntary event or cause beyond the control of any of the owners, are permitted, only with the express approval of Leilmall in writing.
6.10. Two Account Rule: An Afffiliate may own or have an ownership interest in only one account except: (a) where two Affiliates marry; (b) where an existing account purchases another account pursuant to Rule 6.8; or (c) where the account is, or will be, passed on to a deceased person’s spouse, heirs, or other beneficiary in accordance with Rule 3.10.
6.11. Parent-Child Integration: As part of a plan to ensure the continuity of accounts owned by parents and children ("Succession Plan"), parent and children accounts may integrate their respective accounts, provided that they submit a written request to Leilmall and meet the following:
a) the child(ren) must be personally registered by the parents; or the parents must be personally registered by the child(ren);
b) the parent’s account and the child’s (children’s) must have operated as a separate account for not less than 2 years by date of implementation;
c) the parent and the child(ren) shall be qualified at the level of start maker or above as of the implementation date;
d) in the event that the parent(s) or the child(ren) is deceased or are not mentally or physically capable of running the account before conditions b and c above have occurred, the child(ren) or parent(s) inheriting the account shall have the right to integrate the separate account in accordance with this Rule;
Once the above conditions have been met, the CMO shall review such request and provide Leilmall with a recommendation. Leilmall may or may not approve the request in light of such recommendation, the Succession Plan, and the goals, objectives, and benefits of the Plan. The implementation of the integration or de-integration shall be on January 1 after at least one full fiscal year has passed since Leilmall expressly approved the request in writing.
6.12. Divorce, Separation, or Other Dissolution of a Non-Spousal Partnership or Legal Entity: Affiliates who become involved in an action for divorce, separation of marital property, or the dissolution of a non-spousal partnership or legal entity formed under Rule 3.3, must continue to conduct themselves in compliance with the Rules of Conduct.
6.12.1. During the pendency of a divorce, separation of marital property or dissolution of a non-spousal partnership or legal entity, the Affiliates must adopt one of the following methods of operation: (a) the Affiliates continue to operate the Business account jointly on a "business-as-usual" basis; (b) one or more Affiliates relinquishes his or her right and interest in the account; (c) the Affiliates may agree on a third party to operate the account, subject to express approval of Leilmall in writing; or (d) if the Affiliates cannot agree on a third party, Leilmall shall appoint a third party to act as a receiver during the pendency of the divorce or dissolution if Leilmall determines that such an appointment is necessary to prevent a negative impact on the business.
6.12.2. After a Final Decree or Judgment of Divorce, a Final Separation Agreement or other domestic contract that contains a legally enforceable Property Settlement or Division of Assets that addresses their Account, or after a final dissolution of a non-spousal partnership or legal entity, Affiliates may: (a) agree to continue to operate their account in the form of a partnership or other legal entity permitted under Rule 3.3; or (b) agree that one Affiliate may relinquish all rights in the original account to the other Affiliate(s), at which time the withdrawing Affiliate is free to immediately register under any sponsor.
6.12.3. Affiliates below the level of Star Makermay not divide their account in the case of a divorce, separation of marital property or other dissolution.
6.12.4. Upon approval by Leilmall following submission of a signed written request, Affiliates who are qualified at the Star Maker level may divide their accountso that one of the Affiliates is the sponsor of the other Affiliate. In such a case, all legs recognized by Leilmall as 25% Sponsor or above within the past one year ("qualified legs") will remain registered under the downline Affiliate. Affiliate(s) in the remaining legs ("non-qualified legs") who wish to change their positions in the Scope of Sponsorship must follow the requirements of the Individual or Group Transfer Rules at Rules 6.5 and 6.6, respectively.
6.12.5. Qualified Emeralds or above at the time of divorce, separation of marital property or dissolution may divide their IB, thereby creating two separate IBs, one of which is sponsored by the other, in which case a "phantom IB" will be imposed over their separate IBs. Under the "phantom IB" arrangement, regardless of how the parties may split their IB, their separate IBs will be considered a single IB for purposes of determining bonuses to be paid to upline IBOs.
6.13. Disposition of an Account: If an Affiliate resigns, fails to renew, terminates his or her Account, dies without transferring the account, or is terminated by Leilmall, Leilmall shall decide the future of the account in accordance with these Rules.
7. BUSINESS SUPPORT MATERIALS
Business Support Materials (or "BSM") as used in these Rules means all products and services (including but not limited to business aids, books, magazines, flip charts, and other printed material, online literature, internet websites, advertising, audio, video or digital media, rallies, meetings, and educational seminars, and other types of materials and services) that are (i) designed to solicit and/or educate Prospects, Customers, or prospective Customers of Leilmall products or services, or to support, train, motivate, and/or educate Affiliates, or (ii) incorporate or Use one or more of the Marks or Copyrighted Works of Leilmall, or (iii) are otherwise offered with an explicit or implied sense of affiliation, connection, or association with Leilmall. Unless otherwise specified in writing, Affiliates acknowledge that nothing in this Rule, or in any other Rule, shall be construed or interpreted as a license or other permission to incorporate any SOS Information into any BSM.
7.1. General Rules on BSM
7.1.1. Affiliates may sell BSM only in accordance with Rule 7.1 and 7.2. BSM created, used, promoted, distributed, or offered for sale by or to Affiliates must: (a) comply with all Quality Assurance Standards and any applicable Rules of Conduct relating to their use, promotion, and sale; (b) be submitted to Leilmall for review prior to use, promotion, distribution or sale; (c) be authorized by Leilmall; and (d) if required for the category of BSM, bear the authorization number provided by Amway. Except as explicitly provided in the Quality Assurance Standards, BSM may not be offered for sale to Prospects. A copy of the currently applicable Quality Assurance Standards is available from Leilmall upon request by Affiliates eligible to sell or promote BSM.
7.1.2. Leilmall’s Satisfaction Guarantee and Buy-Back Rules do not apply to materials not sold by Leilmall. BSM may only be sold subject to the right of the purchaser to return such BSM for a refund in accordance with the following:
7.1.2.1. The terms of the refund policy, including terms regarding procedures for the resolution of disputes and the responsible person for returns, must be clearly communicated to the purchaser prior to any sale. In addition to any other person designated to handle returns, the selling Affiliate and the Approved Provider shall be responsible for handling returns if the sale occurred under Rule 7.2, and the selling Affiliate together with the selling Affiliate’s upline Star Maker or above shall be responsible for handling returns of all other sales.
7.1.2.2. During the first 90 days following an Affiliate’s registration with Leilmall, the Affiliate may return all BSM of any form purchased, including meeting tickets, together with proof of purchase, for a 80% refund of the price paid for such BSM.
7.1.2.3. Except as provided in Rule 7.1.2.4, an Affiliate end-user of BSM may return BSM purchased, together with proof of purchase, within 30 days following purchase, for a refund on commercially reasonable terms.
7.1.2.4. Except as provided in Rule 7.1.2.2, each Affiliate who chooses to sell tickets to seminars, events, and other business meetings is obligated to buy back tickets purchased for the purchaser’s personal use for a period of 30 days after the event, provided the dissatisfied purchaser personally attended the event. Such refund shall be for that portion of the cost of the event related to admission to the event, exclusive of the cost of travel, meals, or hotel accommodations.
7.1.2.5. BSM offered in the form of website subscriptions and downloadable media are subject to the following requirements, in addition to Rule 7.1.2: (a) Purchasers canceling website subscriptions are entitled to a refund for unused, whole months of any prepaid subscription(s); and (b) Purchasers of downloadable media are entitled, if dissatisfied, to obtain a replacement download of equal value within 30 days of the purchase of the subject downloadable media.
7.1.3. Affiliates promoting, selling, distributing, or offering BSM for sale must: (a) ensure that such BSM are not sold or offered for sale in conjunction with the Affiliate’s registration pack with Leilmall; (b) provide purchasers of such BSM with any disclosures or other information that may be required by Leilmall from time to time; (c) clearly inform every Affiliate purchasing BSM that purchasing BSM is optional, is strictly voluntary, and may be helpful but is not necessary to build a successful independent business; and (d) advise the purchaser about refund policies that apply to such BSM in accordance with Rule 7.1.2.
7.1.4. No Affiliate may record an Leilmall presentation without the prior specific written consent of Leilmall. An Affiliate may make a single recording of the talks or presentations made by non-Leilmall employees at any Leilmall-sponsored meeting, provided the recording is for their personal use and is not reproduced for any purpose.
7.1.5. Although the specific content of live seminars, events, business meetings, or other similar BSM must comply with the Quality Assurance Standards, such BSM do not require prior authorization from Leilall unless or until the content is reduced to a fixed media (such as in print, audio, or video) for use with Affiliate or Prospects.
7.1.6. An Affiliate who purchases, promotes, distributes, or offers BSM for sale shall use reasonable efforts to determine that the quantity and cost of BSM are reasonably related to sales volume and profits of the purchaser’s account subject to Leilmall approval.
7.1.7. Affiliates who create, promote or distribute or sell BSM to other Affiliates may not compensate or remunerate other Affiliates in connection with such distribution except in accordance with Rule 7.2.
7.1.8. Affiliates may organize seminars, events, or business meetings for Affiliates consistent with their training obligations as sponsors or leaders.
7.1.9. Affiliates creating, using, selling, promoting, or distributing BSM apart from Rule 7.2 must obtain appropriate written authorization from Leilmall in accordance with Rule 8 in order to Use any Marks or otherwise use any copyrighted material or other intellectual property of Leilmall in connection with such BSM.
7.1.10. Leilmalls creating, using, selling, promoting, or distributing BSM must not infringe the copyrights or intellectual property rights of Approved Providers, other Affiliates or third-parties.
7.1.11. Affiliates qualified at the Ranking level or above who are not affiliated with an Approved Provider and who wish to sell, promote or distribute BSM must register with Leilmall by contacting the support
7.2. Sale, Promotion and Distribution of BSM with Authorization from an Approved Provider (a supplier authorized by Leilmall to provide BSM to Affiliates or use BSM with Prospects, pursuant to the Program)
7.2.1. Leilmalls who wish to sell, promote, or earn income from the sale of BSM from an Approved Provider must have a written contract or other binding authorization from that Approved Provider in accordance with the Program, obligating the Affiliate to adhere to applicable Quality Assurance Standards in connection with such activities.
7.2.2. Affiliates who are authorized by an Approved Provider to sell, promote, or distribute an Approved Provider’s BSM in accordance with Rule 7.2 require no further written authorization from Leilmall to conduct such activity.
8. MARKS AND COPYRIGHTED WORKS
Leilmall’s Marks and Copyrighted Works are important and valuable business assets of Leilmall. The Marks help identify the source and reputation of Leilmall’s products and services worldwide and distinguish them from those of competitors. Leilmall makes commercially reasonable efforts to protect the Marks from improper use, including through the Rules of Conduct, accreditation of Approved Providers, and a corporate identity program that requires the correct and consistent use of the Marks, both in appearance and substance.
8.1. Use of Marks and Copyrighted Works: An Affiliate may Use Leilmall’s Marks and Copyrighted Works only with Leilmall’s prior written permission, which may be expressed through general publication (to all Affiliates) or through a specific writing to one or more Affiliates. Without limitation, Leilmall may require conformity with specifications, may require that materials that Use Leilmall’s Marks and/or Copyrighted Works be sourced from Leilmall or a Leilmall-approved supplier, and may otherwise condition Use of its Marks and Copyrighted Works. Any permission granted by Leilmall shall constitute a limited, non-exclusive, nontransferable and revocable license to Use such Marks and Copyrighted Works solely in connection with the Leilmall business in the Region. Subject to conditions and specifications published or specifically provided in writing from time to time, the Marks and Copyrighted Works may be Used only on: (a) exterior and interior office signs; (b) all forms of vehicle signs; (c) telephone listings; (d) promotional literature; (e) stationary; (f) premiums; and (g) business cards. Other proposed Uses will be considered upon request. Without limitation, Leilmall will not authorize an Affiliate to use the Marks on imprinted checks.
9. COMPLYING WITH THE AFFILIATE CONTRACT (REMEDIES FOR BREACH)
Complying with the affiliate Contract is essential for preserving a strong and viable business for Affiliates and Leilmall. Afiliates and Leilmall each have rights and responsibilities in case of a breach of the Affiliate Contract.
9.1. Leilmall’s Rights and Responsibilities: When Leilmall detects a potential breach of the Affiliate Contract, it will first investigate as appropriate. Before taking enforcement action, Leilmall shall attempt to contact the Affiliate in an effort to resolve the issue. If the communication does not resolve the issue, Leilmall may take any enforce¬ment action authorized by the Affiliate Contract including, but not limited to, one or any combination of the following:
9.1.1. A written warning to an Affiliate, and/or upline or downline Affiliates in the Scope of Sponsorship.
9.1.2. Retraining an Affiliate, and/or upline or downline Affiliates in the Scope of Sponsorship.
9.1.3. Suspending some or all of the rights of an Affiliate for a specified period of time, or until certain conditions have been satisfied.
9.1.4. Withdrawing or denying an award, trip, pin recognition or other incentive.
9.1.5. Withholding any weekly, monthly or annual bonus or incentive payments.
9.1.6. Compensatory remedies, as applicable.
9.1.7. Transferring an Affiliate or a group of Affiliates.
9.1.8. Terminating an Affiliate Contract.
If an Affiliate elects to challenge any action taken by Leilmally under this Rule, the Affiliate shall submit the issue to the Dispute Resolution Procedures described in Rule 11.
9.2. Affiliate Rights and Responsibilities: If an Affiliate believes that another Affiliate has breached the Affiliate Contract, the Affiliate first should contact the Affiliate in question in an effort to resolve the issue. If an Affiliate believes that Leilmall has breached the Affiliate Contract, the Affiliate first shall contact Leilmall in an effort to resolve the issue. If discussion with either an Affiliate or Leilmall does not resolve the issue, the Affiliate may file a written complaint with Leilmall. The complaint should explain the issue in as much detail as possible, and include all supporting documents. Leilmall will investigate as appropriate, and take enforcement or corrective action under the Affiliate Contract, if necessary. If any issue remains unresolved, it shall be submitted to the Dispute Resolution Procedures described in Rule 11.
9.2.1. An Affiliate who elects to challenge the validity of a Rule or other term of the Affiliate Contract shall first contact Leilmall in an effort to resolve the issue. If the Affiliate is not satisfied with Leilmall’s response, the dispute shall be resolved in Arbitration under Rule 11.5.
9.3. Duty to Cooperate: All Affiliates are required to respond to inquiries and otherwise cooperate in a timely fashion with any investigation conducted by Leilmall. Failure to respond to inquiries or to otherwise cooperate in a timely fashion is a breach of the Affiliate Contract and may result in Leilmall taking action against the Business account.
9.4. Non-Waiver. The failure of Leilmall or any Affiliate to enforce any breach of any provision of the Affiliate Contract shall not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision of the Affiliate Contract.
10. MODIFICATION OF THE AFFILIATE CONTRACT
Leilmall may modify the Affiliate Contract in accordance with the following procedures.
10.1. Any changes to Rule 11 require mutual agreement of the Leaders and Leilmall. For all other Rules, final decision-making authority on amendments to the Affiliate Contract rests with Leilmall. Leilmall will, prior to final action, submit to the Leaders for discussion, evaluation, and recommendation all changes in the Affiliate Contract that materially affect Affiliates.
10.2. Leilmall will notify Affiliates of the proposed changes subject to Rule 10.1 by making them available to review by logging on to www.leilmall.com and solicit comments from Affiliates concerning the proposed changes. Leilmall and the Leaders will consider any comments submitted during the 15 days following such notice. The proposed changes shall become effective 15 days after the end of the comment period, unless Leilmall makes further modifications, after consultation with the Leaders (and agreement in the case of Rule 11). Leilmall shall provide notice of any such further modifications on www.leilmall.com 15 days prior to the effective date of such further modifications. These time periods may be shortened when it is necessary for a particular change to comply with a new law or other government mandate, to protect Affiliates from serious financial harm, or to protect the integrity of the Plan. Rule changes have prospective effect only.
10.3. Prior to the effective date of any proposed Rule change, any Affiliate who is unwilling to accept a Rule change can, if he or she wishes, provide notice of his/her intent to resign from the Leilmall business on the effective date of the Rule change. Unless the proposed Rule change is withdrawn, the Affiliate’s resignation will become effective.
11. DISPUTE RESOLUTION PROCEDURES
Disputes arising out of or relating to a business account, the Plan or all other terms of the Affiliate Contract, including, but not limited to, any state or federal statutory or common law claims, as well as disputes involving Business Support Materials (“Disputes”) shall be resolved in accordance with this Rule. The dispute resolution procedures in this Rule apply to Disputes involving the following parties: (1) an Affiliate, a former Affiliate, or any such Affiliate’s officers, directors, agents, or employees (collectively referred to as “Affiliatess” for purposes of this Rule 11); (2) Leilmall Limited and any parent, subsidiary, affiliate, predecessor, or successor thereof, or any of their officers, directors, agents, or employees (collectively referred to as “Leilmall” for purposes of this Rule 11); and (3) an Approved Provider, a former Approved Provider, or its officers, directors, agents, or employees (collectively referred to as “Stockist” for purposes of this Rule 11). Affiliates, Leilmall, and Stockists are collectively referred to for purposes of this Rule 11 as the “Party” or “Parties”. Rule 11 is reciprocal and applies to all of the Parties.
The only exception is when the claim made by an Affiliate or Leilmall is for a debt on account for product or services offered through or by Leilmall to or on behalf of the Affiliate, and the only Parties to that claim are Leilmall and the Affiliate, and the total value of the claim is less than $2,000.00. In such cases the Affiliate or Leilmall may elect to pursue the claim in any court of competent jurisdiction. In all other cases the Parties will resolve the Dispute as provided for under these Rules, up to and including Binding Arbitration if necessary.
11.1. Amendment Only With Leaders: This Rule 11 and its subparts shall be amended only by mutual agreement between Leilmall and the Leaders, and such amendments shall not be retroactively applied to any dispute known to Leilmall or the Leaders at the time of amendment.
11.2. Temporary or Preliminary Injunctive Relief: Nothing in these Rules prevents the Parties from seeking temporary or preliminary injunctive or other relief from a court of competent jurisdiction, notwithstanding the Parties’ obligation to participate in the Mediation process or Binding Arbitration under Rule 11.
11.3. Confidentiality: The Parties, when involved in the dispute resolution process in any manner, will not disclose to any other person not directly involved in the dispute resolution process: (a) the substance of, or basis for, the Dispute; (b) the content of any testimony or other information obtained through the dispute resolution process; or (c) the resolution (whether voluntary or not) of any matter that is subject to the dispute resolution process. However, nothing in these Rules shall preclude any one of the Parties from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery.
11.4. Non-Binding Mediation: The Mediation process comprises two stages: Facilitative Mediation and a Hearing Panel, both of which are non-binding. The Mediation process is reciprocal and applies to all Parties. The Parties to a Dispute shall engage in the Mediation process set forth in this Rule 11.4 prior to proceeding to Binding Arbitration pursuant to Rule 11.5; however, in Disputes where an Affiliate is a Party, the Affiliate may, at the Affiliate’s sole discretion, opt out of the Mediation process at any time, before or during either the Facilitative Mediation or Hearing Panel stages, and may instead proceed directly to Binding Arbitration pursuant to Rule 11.5.
The Party first seeking resolution of a Dispute shall commence Facilitative Mediation, subject to an IBO’s ability to opt out of the Mediation process as described above, by providing a Request for Mediation form to the other affected Parties and, in any Dispute, the Amway Business Conduct and Rules Department. In cases where the IBOAI will be involved in the Mediation process, a copy of the Request for Mediation will also be given to the IBOAI and the IBOAI Hearing Panel Chairperson.
11.4.1. Facilitative Mediation: In the event that a Facilitative Mediation takes place, the Leaders provides experienced Affiliates who are available to serve as mediators (“Leaders Mediator”).
11.4.1.1. In cases where only Affiliates and Leilmall are Parties to the Dispute and one or more Affiliates involved in the Dispute have not opted out of the Mediation process pursuant to Rule 11.4, a Leader Mediator will serve and conduct a Facilitative Mediation with the Parties, unless one or more Affiliates involved in the Dispute objects to Leaders Mediator. In that case, the Facilitative Mediation will take place with an independent neutral mediator acceptable to all Parties. Leilmall can provide a list of possible mediators, but the Parties are not obligated to agree to any mediator on that list.
11.4.1.2. In cases where an Approved Provider is a Party to the Dispute and one or more Affiliates involved in the Dispute have not opted out of the Mediation process pursuant to Rule 11.4, the Facilitative Mediation will take place with an independent neutral mediator acceptable to all Parties, unless all of the Parties involved in the Dispute stipulate to Facilitative Mediation with leaders Mediator. Amway can provide a list of possible mediators, but the Parties are not obligated to agree to any mediator on that list.
11.4.1.3. In all instances where the Parties cannot agree on a mediator within ten business days of receiving the Request for Mediation, any Party upon notice to any other Party involved in the Dispute may request for Arbitration.
11.4.1.4. parties to bear the cost of Arbitration.
11.4.1.5. The Facilitative Mediation shall take place within 30 days of selection of a mediator. The Parties may agree to extend this date by 30 days. And, the mediator may extend the deadline an additional 30 days upon the request of a Party (for a total of no more than 90 days from the date of the selection of a mediator).
11.4.1.6. The Facilitative Mediation proceeding is confidential and not open to the public; but any participant may, if he or she chooses, be accompanied by an attorney or another personal representative, such as an upline Affiliate or a friend or family member, as long as the representative agrees to the confidentiality obligations set forth in Rule 11.3.
11.4.1.7. All Parties who receive notice of the Facilitative Mediation are required to participate, subject to an affiliate’s ability to opt out of the Mediation process pursuant to Rule 11.4. The Parties are strongly encouraged to attend the Facilitative Mediation in person, but are not required to do so. Should the Parties choose to attend in person, they are responsible for their own expenses. Failure by Leilmall or any disputing Affiliate to participate in good faith is a breach of the Affiliate Contract, and the Party found to be in breach shall reimburse the other Parties for any expense directly caused by the breach, as determined by the mediator.
11.4.1.8. The mediator shall within 14 days following the Facilitative Mediation provide the Parties with a written statement summarizing any agreement between the Parties resolving their Disputes and, for any Dispute not settled, declaring that the Parties are at an impasse. The mediator may, at his/her discretion, recommend a resolution for any Dispute not settled in the Facilitative Mediation. Within 14 days of receiving this summary, each Party shall state in writing whether or not it agrees with any recommendation by the mediator, in whole or in part.
11.4.2. Hearing Panel: If any part of the Dispute is not resolved by Facilitative Mediation under Rule 11.4.1, any Affiliate who is a Party to the remaining Dispute may request a Hearing Panel, subject to the Affiliate’s ability to opt out of the Mediation process pursuant to Rule 11.4. Any remaining Dispute involving an Approved Stockist, or any challenge to the impartiality of the Hearing Panel itself, shall go directly to Binding Arbitration without a Hearing Panel.
11.4.2.1. A Request for Hearing Panel must be filed with the Leimall Support or the Hearing Panel Chairperson within 30 days after the mediator’s written statement pursuant to Rule 11.4.1.8. Upon receipt of a request, the matter is scheduled for the next Hearing Panel session, which shall be not more than 60 days following the request. All Parties who receive notice of the hearing are required to participate, subject to an IBO’s ability to opt out of the Mediation process pursuant to Rule 11.4, unless excused by the Hearing Panel Chairperson or his/her designee. The Parties are strongly encouraged to attend the hearing in person, but are not required to do so. Should the Parties choose to attend in person, they are responsible for their own expenses.
11.4.2.2. The Leaders selects the Hearing Panel Chairperson, three additional Panel members, and alternates who may serve on the Hearing Panel. The Hearing Panel Chairperson will confirm that no Panel member presents a conflict of interest with respect to the matters over which the Panel presides. Once selected, the Panel members are barred from discussing the Dispute with anyone before the date of the hearing. Each Panel member and the Parties involved receive a copy of the entire Dispute file.
11.4.2.3. The Parties shall exchange all documents on which they intend to rely during the hearing at least 10 days in advance of the hearing. In addition, Parties must submit to the Panel all documents on which they intend to rely in proving or defending their claim at least 10 days in advance of the hearing. If a Party does not submit such documents in a timely fashion, the Hearing Panel Chairperson may refuse to allow their introduction.
11.4.2.4. The Chairperson of the Panel is empowered to control the conduct of the hearing, and to have authorized persons administer an oath to any witness. The rules of evidence do not apply.
11.4.2.5. When a voluntary resolution does not occur, the Hearing Panel, within 30 days following completion of the hearing, will issue to the Parties and Leilmall a written statement of facts and a non-binding recommendation for resolution, including, if appropriate, the imposition of certain sanctions. Within 14 days of receiving that recommendation each Party shall inform the Panel and the other Parties in writing whether that Party: (a) accepts the recommended resolution in its entirety; (b) accepts some specific portions of the recommended resolution and rejects the others; or (c) rejects the recommended resolution in its entirety. Any Party may demand arbitration of any unresolved Dispute under Rule 11.5.
11.5. Binding Arbitration: The Parties shall submit any Disputes that were not resolved through the Mediation process described in Rule 11.4, to Binding Arbitration in accordance with this Rule 11.5.
11.5.1. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The Parties acknowledge that this Binding Arbitration agreement is made pursuant to a transaction involving interstate commerce, and agree that the Federal Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the Binding Arbitration agreement, arbitration rules and arbitration proceedings.
11.5.2. Class Action Waiver: The Parties mutually waive any right to assert any Dispute as a class, collective or representative action, or to participate in any Dispute asserted as such.
11.5.3. No Class Arbitration: The Parties agree that, if the Class Action Waiver at Rule 11.5.2 is found to be void or unenforceable for any reason, any motion to have the Dispute certified as a class action, and any ensuing class action should it be certified, must be heard and disposed of only by a court, and not by an arbitrator; class action claims cannot be submitted to arbitration under these Rules under any circumstances.
11.5.4. Commencement of Arbitration: The complaining Party may file a demand for arbitration. The arbitration will be commenced and conducted in accordance within the region (whichever is chosen) fee schedules and commercial arbitration rules and this Rule 11.5.
11.5.4.1. If an Affiliate demands arbitration against Leilmall or an Approved Stockis for initiating and administering the arbitration and reasonable fees for the arbitrator shall be borne by the Parties equally.
11.5.5. Limitations: Unless prohibited by law, demand for arbitration by any Party shall be made within two years after the claim arose, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations. The two-year period or any shorter statutory limitations period shall be tolled during the Mediation process described in Rule 11.4, provided that the Mediation process shall not revive any limitations period that has expired before the time a Party invokes Rule 11.4.
11.5.6. Single Arbitrator: Unless all Parties to the arbitration agree otherwise, a single arbitrator shall be chosen, and Arbitrator candidates must have at least five years’ experience as a state or federal judge or as a full-time ADR professional, including substantial experience in commercial arbitration.
11.5.7. Arbitrability Issues to Be Decided By Arbitrator: The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
11.5.8. Award: The arbitrator’s award shall be limited to deciding the rights and responsibilities of the Parties in the specific dispute being arbitrated. The arbitrator’s award shall have no collateral estoppel effect in any other proceeding. The arbitrator shall not provide a statement of reasons for his or her award unless requested to do so by all Parties.
11.5.9. Consolidation: Similar claims involving multiple Parties may be consolidated before a single arbitrator if all Parties agree. The arbitrator will decide any disputed consolidation issues.
11.5.10. Discovery: No discovery shall occur in an arbitration under these Rules unless and until specifically authorized by the arbitrator. The arbitrator shall decide the amount, scope and timing of discovery as appropriate in each case. In addition, before requiring any discovery, the Parties involved in the arbitration shall agree on an appropriate confidentiality order consistent with the Affiliate Contract. If they fail to agree, the arbitrator shall impose appropriate confidentiality requirements on the Parties and witnesses.
REGISTRATION, PURCHASES, TRPURCHASES & COMMISSIONS
12.1.1 Once registered, Registration is given subject to availability: Affiliate agrees and convant to wait till product is available for pickup. Once Registration is done, no refund of payment
12.1.2 Affiliate also agree that Registration Packages are no returnable
12.1.3 Affiliate who repurchase products from our website must get the product within 3 weeks. All product repurchases must be available before display in Leilmall Website
12.1.4 Once Registeration pack is released to Affiliate, Leilmall at thi point has completed all His Obligation to the Affiliate.
12.1.5 All Bonuses and commissions to affiliate is Leilmall right and Privilages and the affiliate agree that circumstances may cause Leilmall to delay this payment and this does not constitute failure on the part of Leilall
Satisfaction Guarantee
Buy with the confidence of our Satisfaction Guarantee.
Leilmall™ brands are something special. Our exclusive products are manufactured under rigid quality control programs and are exhaustively tested for quality and performance. You can confidently stand behind our products because we stand behind them with the following Satisfaction Guarantee:
If for any reason you are not completely satisfied with our products, you may return them within 15 days of purchase for an exchange.
Specific limited guarantees apply to designated products. Agricultural products are non returnable
Some items such as consumable food and beverage items are non-returnable unless defective upon receipt.
For further assistance, please contact Customer Service.
Product Warranties
Certain products have their own warranties, as noted on the product pages.
Product warranties do not cover damage to a product resulting from accident or misuse, and they provide specific legal rights. Other rights that vary from state to state may be available. Please completely read the warranty for more information.
You may request a copy of the warranty prior to ordering.
*Conditions apply.
For further assistance, please contact Customer Service.
Updated and effective April 29, 2021.
©2021 Leilmall Limited., all rights reserve