Policies and Procedures

These policies and procedures, in their present form and as amended at the sole discretion of gelmoment inc. (hereafter “gelmoment” or the “company”), are incorporated into, and form an integral part of, the brand affiliate agreement. Throughout these policies, when the term “agreement” is used, it collectively refers to the gelmoment independent brand affiliate agreement terms & conditions, these policies, and procedures, the gelmoment brand affiliate earning plan, and the gelmoment business entity addendum (applicable only to business entities that apply to become brand affiliates). These documents are incorporated by reference into the gelmoment brand affiliate agreement (all in their current form and as amended by gelmoment).

1.2 - Changes to the agreement

Gelmoment reserves the right to amend the agreement, enrollment packages (including prices), product prices and its brand affiliate earning plan in its sole and absolute discretion. By executing the brand affiliate agreement, a brand affiliate agrees to abide by all amendments or modifications that gelmoment makes. Amendments shall be effective 30 days after publication of notice and posting the amended provision(s). Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by email or posting in brand affiliates’ back-offices. The continuation of a brand affiliate’s gelmoment business, the acceptance of any benefits under the agreement, or a brand affiliate’s acceptance of bonuses or commissions constitutes acceptance of all amendments.

1.3 - Policies and provisions severable

If any provision of the agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

1.4 - Waiver

The company never gives up its right to insist on compliance with the agreement and with the applicable laws governing the conduct of a business. No failure of a party to exercise any right or power under the agreement or to insist upon strict compliance by a brand affiliate with any obligation or provision of the agreement, and no custom or practice of the parties at variance with the terms of the agreement, shall constitute a waiver of the party’s right to demand exact compliance with the agreement. The existence of any claim or cause of action of one party against the other party shall not constitute a defense to a party’s right to enforce any term or provision of the agreement.

Brand affiliates and guests of brand affiliates who attend corporate events, trainings, trips etc. may be photographed. By attending any corporate event, you agree to allow your photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and/or assigns. In addition, by submitting photos to any of gelmoment’s corporate Facebook groups, this action grants permission for the company to use these images anywhere and not limited to corporate graphics, advertisements, printed materials, videos etc.

Section 2 - Becoming a brand affiliate

2.1 - Requirements to become a brand affiliate

To become a gelmoment brand affiliate, each applicant must:

be at least 16 years of age (if under age 18, must have a parent or guardian as a co-applicant).

Reside in Canada.
Purchase the gelmoment enrollment package; and

Submit a properly completed brand affiliate application and agreement to gelmoment either in hard copy or online format.

Gelmoment reserves the right to accept or reject any brand affiliate application and agreement for any reason or for no reason. In addition, should a brand affiliate violate any terms or conditions of this agreement, gelmoment reverses all rights to terminate a brand affiliate’s account without notice.

2.2 - Gelmoment enrollment package and product purchases

Except for the purchase of gelmoment’s enrollment package, no person is required to purchase gelmoment products or sales aids, or to pay any charge or fee to become a brand affiliate. In order to familiarize new brand affiliates with gelmoment products, sales techniques, sales aids, and other matters, the company requires that they purchase an enrollment package.

The brand affiliate must purchase the enrollment package themselves; it is not permitted for a third party or existing gelmoment distributor or brand affiliate to pay the cost of their enrollment package.

2.3 - Brand affiliate benefits

Once a brand affiliate agreement has been accepted by gelmoment, the benefits of the brand affiliate earning plan and the brand affiliate agreement are available to the new brand affiliate. These benefits include the right to:

Sell gelmoment products.
Participate in the gelmoment brand affiliate earning plan (receive bonuses and commissions, if eligible).
Receive periodic gelmoment literature and other gelmoment communications.
Participate in gelmoment-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
Participate in promotional and incentive contests and programs sponsored by gelmoment for its brand affiliates.
As an independent brand affiliate you are selling products and not allowed to charge for cosmetic services unless you are a licensed cosmetologist. It is your responsibility to abide by the laws of your province/state in regard to licences and permits for offering a service.

2.4 - Term and renewal of your independent gelmoment business

The term of the brand affiliate agreement is three months from the date of its acceptance by gelmoment (subject to prior termination pursuant to section 9). Brand affiliates must renew their brand affiliate agreement each three months and pay the quarterly website maintenance fee and eWallet fee before the expiration date of their brand affiliate agreement in order remain active and continue receiving commissions and bonuses.

If the quarterly website maintenance fee and eWallet fee is not paid by the renewal date expiration, the brand affiliate agreement will be canceled.

If a brand affiliate wishes to rejoin, they can do so by purchasing a new enrollment package.

If a brand affiliate becomes inactive, any credit remaining in their account will be lost and their account will be closed.

If a brand affiliate’s account is terminated before renewal for any reason, the fees are non-refundable upon account closure.

Should a brand affiliate's account be cancelled for any reason, they must contact eWallet to withdraw the remaining funds. As of the date the account closes, the brand affiliate is responsible for all fees associated with their eWallet accounts.

Section 3 - Operating an independent gelmoment business

3.1 - Brand affiliate created marketing methods and tools

Brand affiliates must adhere to the terms of the gelmoment brand affiliate earning plan as set forth in official gelmoment literature.

3.2 - Advertising

All brand affiliates shall safeguard and promote the good reputation of gelmoment and its products. The marketing and promotion of gelmoment, the gelmoment opportunity, the brand affiliate earning plan, and gelmoment products must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices.

Brand affiliates are authorized to produce their own sales tools that adhere to the gelmoment guidelines but may not sell, lease, or charge a fee of any nature for such sales tools to any other gelmoment distributor or brand affiliate. Brand affiliates may make approved sales tools available to other brand affiliates free of charge if they wish but may not charge other gelmoment brand affiliates for the sales tools.

3.2.1 - Trademarks and copyrights

The name “gelmoment” and other names and logos as may be adopted by the company are proprietary trade names and/or trademarks of gelmoment. The company grants brand affiliates a limited license to use its trademarks and trade names in promotional media for so long as the brand affiliate’s agreement is in effect. Upon termination of a brand affiliate’s agreement, his or her license shall immediately expire, and the brand affiliate shall immediately discontinue all use of the company’s trademarks and trade names. Under no circumstances may a brand affiliate use any of gelmoment’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved sales tools.

Gelmoment commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events company executives, distributors, brand affiliates, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the company. Brand affiliates may not record any company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium. In addition, company produced sales tools, videos, audios, podcasts, and printed material is also copyrighted. Brand affiliates shall not copy any such materials for their personal or business use without the company’s prior written approval.

In addition, due to the proprietary nature of videos or lives posted in all of our corporate groups, and to prevent distortion of the content, it is prohibited to record, copy, alter or repurpose corporate videos in any way. Replays of live’s are available for a limited lime in the units for your convenience if needed.

3.2.2 - Media and media inquiries

Brand affiliates must not attempt to respond to media inquiries regarding gelmoment, its products, or their independent gelmoment business. All inquiries by any type of media must be immediately referred to gelmoment’s media department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.

3.2.3 - Unsolicited email

Gelmoment does not permit brand affiliates to send commercial emails or other commercial electronic messages (such as text messages or SMS, collectively, “cems”) unless such messages strictly comply with applicable laws and regulations including, without limitation, Canada’s anti-spam legislation, (casl). Any email or other electronic message sent by a brand affiliate that promotes gelmoment, or gelmoment’s products must comply with this section as well as the applicable law. Brand affiliates are solely responsible for their own compliance with the law, including casl.

Under casl, you must have the express or implied consent of the recipient to send a cem. For consent to be valid, it must be knowledgeable, meaning that the individual must know the purpose for which their contact information may be used. When seeking consent to send cems, brand affiliates must expressly state:

the purpose of the request (i.e., sending cems).
that consent is sought by the brand affiliate, on his/her own behalf and on behalf of gelmoment inc.
the mailing address, and one or more of a phone number, email address, or web address for the brand affiliate; and
that consent may be withdrawn.

The brand affiliate must provide gelmoment with email addresses obtained through their express consent mechanism, along with a record of the consent.

Implied consent will only exist in the case of an “existing business relationship”. Existing business relationship is a defined term in the law. Such a relationship will only exist where: i) the recipient of the message has made a purchase from the person who sends the message (or causes it to be sent) within the two years prior to the message; ii) the recipient of the message has accepted a business or investment opportunity from the person who sends the message (or causes it to be sent) within the two years prior to the message; iii) there is a written contract between the recipient of the message and the person who sends the message (or causes it to be sent) that does not relate to an item set out in i) or ii) above and that is either currently in existence, or that expired in the two years prior to the message; or iv) the recipient of the message made an inquiry or application of the person who sends the message (or causes it to be sent) regarding a purchase or business opportunity in the six months prior to the message.

Casl provides an exemption from its consent requirements for messages the sole purpose of which is to: (a) facilitate, complete or confirm a commercial transaction into which the recipient had previously agreed to enter, (b) provide information about warranty, recall or safety information about a product the recipient has purchased or used, (c) provide notice regarding a subscription, membership, account, loan or other ongoing relationship with the sender, (d) provide information directly related to an employment relationship or benefit plan in which the recipient is currently involved, (e) deliver goods or services, including product updates or upgrades, that the person to whom the message is sent is entitled to receive under a transaction they previously entered. Note: this exception does not apply to the disclosure and unsubscribe requirements below, or to the prohibitions against fraud and false or misleading headers.

Neither the consent or message content requirements apply to a response to a request, inquiry, complaint, or other solicitation from the recipient of the message.

All cems sent by the brand affiliate must include the information required by casl, including the following:

There must be a functioning return email address to the sender.
There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning electronic “opt-out” or “unsubscribe” notice).
The email must include the brand affiliate’s name and physical mailing address.
The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
The use of deceptive subject lines, false header information and/or message content is prohibited.
All opt-out requests, whether received by email or regular mail, must be honored. If a brand affiliate receives an opt-out request from a recipient of an email or other cem, the brand affiliate must immediately forward the opt-out request to the company.

Gelmoment may periodically send commercial emails on behalf of brand affiliates. By entering into the brand affiliate agreement, brand affiliate agrees that the company may send such emails and that the brand affiliate’s email addresses will be included in such emails as outlined above. Brand affiliates shall honor opt-out requests generated as a result of such emails sent by the company.

3.2.4 - Unsolicited faxes

Unsolicited fax-based marketing is governed under the Canadian radio-television telecommunications commission’s (“crtc”) “unsolicited telecommunications rules” as a form of telemarketing. Except as provided in section 3.31, brand affiliates may not use or transmit unsolicited faxes in connection with their gelmoment businesses. The term “unsolicited faxes” includes the transmission via telephone facsimile or computer of any material or information advertising or promoting gelmoment, its products, its brand affiliate earning plan or any other aspect of the company which is transmitted to any person. Responding by fax to a fax-based inquiry, application, purchase, or transaction initiated by the recipient would not constitute sending an unsolicited fax.

3.2.5 - Telephone directory listings

Brand affiliates may list themselves as a “gelmoment independent brand affiliate” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No brand affiliate may place telephone or online directory display ads using gelmoment's name or logo. Brand affiliates may not answer the telephone by saying “gelmoment”, “gelmoment incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of gelmoment. If a brand affiliate wishes to post his or her name in a telephone or online directory, it must be listed in the following format:

Brand affiliate's name

Gelmoment brand affiliate

3.3 - Online conduct

3.3.1 - Brand affiliate web sites

If a brand affiliate desires to utilize an internet web page to promote his or her business, he or she may do so through the replicated website that each brand affiliate receives a subscription to when enrolling as a brand affiliate.

External websites may be used to promote a brand affiliate’s independent gelmoment business and the company’s products so long as the external website adheres to the company’s advertising policies. However, no orders may be placed through an external website; orders may only be placed through a company provided replicated website. A brand affiliate may link an approved external website to the order entry screen of the company provided replicated website to facilitate sales should the brand affiliate wish to do so.

3.3.2 - Gelmoment replicated websites

Brand affiliates receive a gelmoment replicated website subscription to facilitate the online buying experience for their customers.Brand affiliates are solely responsible and liable for the content they add to their replicated websites and must regularly review the content to ensure it is accurate and relevant.

Brand affiliates may not alter the branding, artwork, look, or feel of their replicated websites, and may not use their replicated websites to promote, market or sell non-gelmoment products, services, or business opportunities. Specifically, a brand affiliate may not alter the look (placement, sizing etc.) Or functionality of the following:

The brand affiliate’s name
Gelmoment corporate website redirect button
Artwork, logos, or graphics
Original text.

Gelmoment reserves the right to receive analytics and information regarding the usage of your website. A brand affiliate may request to change the default id for his or her replicated website and choose a uniquely identifiable website name, but this name must not:

Be confused with other portions of the gelmoment corporate website.
Confuse a reasonable person into thinking they have landed on a gelmoment corporate page.
Be confused with any gelmoment name.
Contain any discourteous, misleading, or off-color words or phrases that may damage gelmoment’s image.

3.3.3 - External website content

Brand affiliates are solely responsible and liable for their own external website content, messaging, claims, and information and must ensure that it appropriately represents and enhances the gelmoment brand and adheres to gelmoment’s policies and procedures. Additionally, external websites must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at gelmoment’s sole discretion.

3.3.4 - Gelmoment independent brand affiliate disclosure

Although gelmoment brand themes and images are desirable for consistency, anyone landing on any page of a brand affiliate’s external website must clearly understand that they are at an independent brand affiliate site, and not a gelmoment corporate page.

3.3.5 - No ecommerce or stock-and-sell retailing

All orders must be placed through the brand affiliate’s official replicated website.

3.3.6 - Domain names, email addresses and online aliases

Brand affiliates are not allowed to use or register “gelmoment” or any of gelmoment’s trade names, trademarks, product names, or any derivatives, for any internet domain name, email address, or online aliases. Additionally, a brand affiliate cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from or is the property of gelmoment. This includes, but does not limit, any domain or email address that has the name of any country, state, province, or city, either in its entirety of abbreviated form. This includes whether it makes up the complete domain name and email address, or part of it. Gelmoment can refuse any domain name at any time and the brand affiliate will have to choose a new one.

If a brand affiliate violates this policy, the brand affiliate shall assign and transfer the domain name, email address, social media handle or name, or online alias to the company immediately upon the company’s demand, and the brand affiliate shall be responsible for paying all fees and costs, including but not limited to attorney’s fees and costs and transfer costs, associated with the assignment and transfer. This remedy is in addition to, and not in place of, other remedies and/or disciplinary measures that the company may take pursuant to these policies.

3.3.7 - Gelmoment hotlinks

When directing readers to an external website or replicated website it must be evident from a combination of the link and the surrounding context to a reasonable reader that the link will be resolving to the site of an independent gelmoment brand affiliate. Attempts to mislead web traffic into believing they are going to a gelmoment corporate site, when in fact they land at a brand affiliate’s site (replicated website or external website) will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be at gelmoment’s sole discretion.

3.3.8 - Monetizing replicated or external websites

Brand affiliates may not monetize their replicated website or their external website through affiliate programs, AdSense, or similar programs.

3.3.9 - Online classifieds

Brand affiliates may not use online classifieds (including without limitation craigslist, amazon, eBay, Poshmark, Facebook marketplace groups Facebook buy-sell groups and kijiji) to list, sell or retail specific gelmoment products or product bundles.

3.3.10 - eBay / online auctions

Gelmoment’s products may not be listed on eBay, Facebook marketplace, or other online auctions, nor may brand affiliates enlist or knowingly allow a third party to sell gelmoment products on eBay or another online auction.

3.3.11 - Online retailing

Brand affiliates may not list or sell gelmoment products on any online retail store or ecommerce site. Nor may a brand affiliate enlist or knowingly allow a third party to sell gelmoment products on any online retail store or ecommerce site.

3.3.12 - Banner advertising

All banner advertisements must link only to a brand affiliate’s replicated website or an external website. Brand affiliates may not use blind ads (ads that do not disclose the identity of the company) or web pages that make product or income claims that are ultimately associated with gelmoment products or the gelmoment opportunity.

3.3.13 - Spam linking

Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments that a brand affiliate makes on blogs, forums, guest books etc. Must be unique, informative, and relevant.

3.3.14 - Digital media submission (YouTube, Facebook, Pinterest, Instagram, etc.)

Brand affiliates may upload, submit, or publish gelmoment-related video, audio, or photo content that they develop and create so long as it aligns with gelmoment values, contributes to the gelmoment community greater good and is in compliance with gelmoment’s policies and procedures. All submissions must comply with all copyright/legal requirements, and must state that the submitter is solely responsible for this content. Brand affiliates may not upload, submit, or publish any content (video, audio, presentations or any computer files) received from gelmoment or captured at official gelmoment events or in buildings owned or operated by gelmoment without prior written permission.

3.3.15 - Sponsored links / pay-per-click (ppc) ads

Sponsored links or pay-per-click ads (ppc) are acceptable. The destination URL must be to either the sponsoring brand affiliate’s replicated website or to the sponsoring brand affiliate’s external website. The display URL must also be to either the sponsoring brand affiliate’s replicated website or external website and must not portray any URL that could lead the user to believe they are being directed to a gelmoment corporate site or be inappropriate or misleading in any way.

3.3.16 - Domain names and email addresses

Except as set forth in the brand affiliate website agreement, brand affiliates may not use or attempt to register any of gelmoment’s trade names, trademarks, service names, service marks, product names, the company’s name, or any derivative of the foregoing, for any internet domain name, email address, or name or address.

3.4 - Social media

Social media may be used by brand affiliates to share information about gelmoment products. However, brand affiliates who elect to use social media must adhere to the policies and procedures in all respects.

Although social media sites may be used to promote gelmoment products, they may not be used to sell gelmoment products. In any social community where gelmoment is discussed or mentioned, brand affiliates must avoid inappropriate conversations, comments, images, video, audio, applications, or any other adult, profane, discriminatory, or vulgar content. The determination of what is inappropriate is at gelmoment’s sole discretion, and offending brand affiliates will be subject to disciplinary action. If a link is provided, it must link to the posting brand affiliate’s replicated website. You are permitted to include pricing in your gelmoment social media posts, however, any pricing displayed must match the current published retail price.

Brand affiliates may not use blog spam, spamdexing, or any other mass-replicated methods to leave blog comments. Comments brand affiliates create or leave must be useful, unique, relevant, and specific to the blog’s article.

3.4.1 - Brand affiliates are responsible for postings

Brand affiliates are personally responsible for their postings and all other online activity that relates to gelmoment. Therefore, even if a brand affiliate does not own or operate a blog or social media site, if a brand affiliate posts to any such site that relates to gelmoment or which can be traced to gelmoment, the brand affiliate is responsible for the posting. Brand affiliates are also responsible for postings that appear on any blog or social media site that the brand affiliate owns, operates, or controls.

3.4.2 - Social media as a sales and promotion forum

Some social media sites promote commercial use while others prohibit it. It is each brand affiliate’s responsibility to learn and abide by the social media site’s terms of use and policies. If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s terms of use. Social media sites are relationship-building sites.

3.4.3 - Sales and enrollments from social media sites are prohibited

Online sales may only be generated from a brand affiliate’s gelmoment replicated website. Gelmoment products may be advertised and promoted at social media sites (subject to compliance with section 3.4.3).

3.4.4 - Deceptive postings

Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to gelmoment’s products, and/or your biographical information and credentials.

3.4.5 - Use of third-party intellectual property

If a brand affiliate uses the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is the brand affiliate’s responsibility to ensure that he or she has received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and you must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.

3.4.6 - Respecting privacy

Brand affiliates must always respect the privacy of others in their postings. Brand affiliates must not engage in gossip or advance rumors about any individual, company, or competitive products. Brand affiliates may not list the names of other individuals or entities on their postings unless they have the written permission of the individual or entity that is the subject of their posting.

3.4.7 - Professionalism

Brand affiliates must ensure that their postings are truthful and accurate. This requires that a brand affiliate fact-check all materials that he or she posts online. Brand affiliates should also carefully check their postings for spelling, punctuation, and grammatical errors. Use of offensive language is prohibited.

3.4.8 - Prohibited postings

Brand affiliates may not make any postings, or link to any postings or other material that:

Is sexually explicit, obscene, or pornographic.
Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise).
Is graphically violent, including any violent video game images.
Is solicitous of any unlawful behavior.
Engages in personal attacks on any individual, group, or entity.
Is in violation of any intellectual property rights of the company or any third party.

3.4.9 - Responding to negative posts

Brand affiliates should not converse with anyone who places a negative post against the brand affiliate, other independent distributors or brand affiliates, or gelmoment. Report negative posts to the company at compliance@gelmoment.com. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as gelmoment, and therefore damages the reputation and goodwill of gelmoment.

3.4.10 - Social media sites with website-like features

Because some social media sites are particularly robust, the distinction between a social media site and a website may not be clear-cut. Gelmoment therefore reserves the sole and exclusive right to classify certain social media sites as websites and require that brand affiliates using, or who wish to use, such sites adhere to the company’s policies relating to independent websites.

3.4.11 - Promotion of other direct selling businesses through social media

In addition to meeting all other requirements specified in these policies, should a brand affiliate utilize any form of social media, including but not limited to Facebook, Instagram, twitter, LinkedIn, YouTube, or Pinterest, the brand affiliate agrees to each of the following:

You may promote your products using social media; however, no product sales may occur on any social media site. To generate sales, a social media site must link only to the brand affiliate’s gelmoment replicated website where the transaction may take place.
You are permitted to include pricing in your gelmoment social media posts, however, any pricing displayed must match the current published retail price.

3.5 - Business entities

A corporation, limited liability company (llc), partnership or trust (collectively referred to in this section as a “business entity”) may apply to be a gelmoment brand affiliate by submitting a brand affiliate agreement along with a properly completed business entity addendum and a properly completed IRS form w-9. The business entity and its shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the business entity (collectively “affiliated parties”) are individually, jointly, and severally liable for any indebtedness to gelmoment, compliance with the gelmoment policies and procedures, compliance with the gelmoment brand affiliate agreement, and all other obligations to gelmoment.

3.5.1 - Changes to a business entity

Each brand affiliate must immediately notify gelmoment of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business affiliated parties.

3.6 - Change of sponsor

Gelmoment prohibits changes in sponsorship. Accordingly, the transfer of a gelmoment business from one sponsor to another is only permitted in cases in which the new brand affiliate signed up under our corporate website. In that event, a brand affiliate may request that he or she be transferred to another organization. It is up to gelmoment’s discretion whether the requested change will be implemented.

3.6.1 - Cancellation and re-application

Notwithstanding the foregoing, a brand affiliate may legitimately change organizations by voluntarily canceling his or her gelmoment business and remaining inactive (i.e., no purchases of gelmoment products for resale, no sales of gelmoment products, no attendance at any gelmoment functions, no participation in any other form of brand affiliate activity, no operation of any other gelmoment business, and no income from the gelmoment business) for six (6) full calendar months. Following the six-month period of inactivity, the former brand affiliate may reapply under a new sponsor.

3.7 - Unauthorized claims and actions

3.7.1 - Indemnification

A brand affiliate is fully responsible for all of his or her verbal and written statements made regarding gelmoment products that are not expressly contained in official gelmoment materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through social media, in print, or any other means of communication. Brand affiliates agree to indemnify gelmoment and gelmoment’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by gelmoment as a result of the brand affiliate’s unauthorized representations or actions. This provision shall survive the termination of the brand affiliate agreement.

3.7.2 - Product claims

Brand affiliates must not make claims, including but not limited to testimonials, about gelmoment’s products that are not contained in official gelmoment literature or posted on gelmoment’s official website. Under no circumstances shall any brand affiliate state or imply that any gelmoment product is useful in the diagnosis, treatment, cure, or prevention of any disease, illness, injury, or other medical condition.

3.8 - Repackaging and re-labeling prohibited

Gelmoment products may only be sold in their original packaging. Brand affiliates may not repackage, re-label, or alter the labels on gelmoment products. Tampering with labels/packaging could be a violation of federal and state laws and may result in civil or criminal liability. Brand affiliates may affix a personalized sticker with the brand affiliate’s personal/contact information to each product or product container, as long as this is done without removing existing labels or covering any text, graphics, or other material on the product label.

3.9 - Commercial outlets / retail stores and service establishments

Except as provided in section 3.10.1, brand affiliates may not sell gelmoment products from commercial outlets, retail stores, or retail or service establishments. Online auction and/or sales facilitation websites, including but not limited to eBay and craig’s list constitute commercial outlets, and may not be used to sell gelmoment products.

Promotional displays may be exhibited for the generation of leads or the collection of orders. A promotional display means signs, banners, flyers, or other advertising materials (except as prohibited in section 3.11). Such displays may be in or near retail locations and service establishments, provided the brand affiliate has complied with all applicable laws and has received permission from the property owner or lessee.

Cash and carry sales from a commercial outlet, retail store or service establishment are strictly prohibited. Signs, banners, flyers, and other advertising outside such locations announcing or directing shoppers to a gelmoment display inside such a location are prohibited. In addition, brand affiliates may not sell on the sidewalk of a commercial outlet, retail store or service establishment or in the parking lot or other public or open space adjacent to any such location.

Customer orders cannot be delivered to customers at any commercial outlet, retail store or service establishment. Deliveries to customers must be made outside of an away from retail environments.

3.9.1 - Independent salons and spas

Gelmoment products may be sold from and displayed in independent salons and spas as long as the salon or spa is not part of a chain or franchise system and the owner or manager of the salon or spa, or one of the professionals providing salon or spa services to customers is an active gelmoment brand affiliate.

3.10 - Signage

To avoid giving the appearance of a permanent retail establishment, yard signs and/or other signage must not be displayed on a stationary object, or permanently installed outside, or affixed to the windows of a brand affiliate’s personal residence or other residence. Temporary signage or signage affixed to a mobile object may be displayed in conjunction with a home party, open house, or other approved gelmoment event. The determination of whether an object is mobile, or stationary shall be solely at gelmoment’s discretion.

3.11 - Trade shows, expositions, and other sales forums

Brand affiliates may display and/or sell gelmoment products at trade shows and professional expositions. Brand affiliates are responsible for making all arrangements with the event organizers in regard to booths, costs, number of participants allowed per event etc. Gelmoment will not involve itself or intervene in any dispute between brand affiliates that arises in connection with such an event for any reason.

Gelmoment brand affiliates may not participate at events that are not consistent with the professional image that gelmoment wishes to portray. Such events include, but are not limited to, swap meets, garage sales and flea markets.

Gelmoment brand affiliates are permitted to set up a booth in a shopping mall under the following conditions:

Booth must not be permanent fixture.

Booth must be in mall passage or hallways and not inside a commercial store.

Booth cannot be used to liquidate products.

All products must be displayed and sold at full retail prices in effect at time of sale.

Booth is permitted for a maximum of 30 days in the same establishment with 30-day break period in-between.

Product swapping in an online group is prohibited, as is selling products for less than the retail advertised pricing.

3.12 - Conflicts of interest

The parties agree that any violation of these conflicts of interest policies shall cause gelmoment irreparable harm for which there is no adequate remedy at law, and that such harm will outweigh any injury to brand affiliate should injunctive relief be granted to the company. Gelmoment shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of the policy.

3.12.1 - Non solicitation

Gelmoment brand affiliates are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”). However, during the term of this agreement, brand affiliates may not directly recruit other gelmoment brand affiliates or gelmoment distributors for any other network marketing business.

Following the cancellation or transfer of a brand affiliate’s independent brand affiliate agreement for any reason, and for a period of 12 calendar months thereafter, with the exception of a brand affiliate who was personally sponsored by the former brand affiliate, a former brand affiliate may not recruit any gelmoment brand affiliate or gelmoment distributor for another network marketing business.

Brand affiliates and the company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire united states and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, brand affiliates and gelmoment agree that this non-solicitation provision shall apply nationwide and to all international markets in which gelmoment brand affiliates are located. This provision shall survive the termination or expiration of the agreement.

The term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another gelmoment brand affiliate to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.

3.12.2 - Confidential information

Confidential information includes, but is not limited to, the identities of gelmoment customers, distributors and brand affiliates, contact information of gelmoment customers, distributors and brand affiliates, distributors and brand affiliates’ sales, and distributors rank and/or achievement levels. Confidential information is, or may be available, to brand affiliates in their respective back-offices. Brand affiliate access to such confidential information is password protected, and such confidential information constitutes proprietary business trade secrets belonging to gelmoment. Such confidential information is provided to brand affiliates in strictest confidence and is made available to brand affiliates for the sole purpose of assisting brand affiliates in the development of their gelmoment business. Each brand affiliate agrees that, but for this agreement of confidentiality and nondisclosure, gelmoment would not provide confidential information to the brand affiliate.

To protect confidential information, a brand affiliate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation, or other entity:

Directly or indirectly disclose any confidential information to any third party.
Directly or indirectly disclose the password or other access code to his or her back-office to any third party.
Use any confidential information to compete with gelmoment or for any purpose other than promoting his or her gelmoment business; or
Recruit or solicit any brand affiliate or distributor of gelmoment listed on any report or in the brand affiliate’s back-office, or in any manner attempt to influence or induce any gelmoment brand affiliate to alter their business relationship with gelmoment.

3.13 - Errors or questions

If a brand affiliate has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, enrollments, or charges, the brand affiliate must notify gelmoment in writing within 60 days of the date of the purported error or incident in question. Gelmoment will not be responsible for any errors, omissions or problems not reported to the company within 60 days. It is the brand affiliate's responsibility to verify their order receipt for any inconsistencies within their brand affiliate account and to notify us at: support@gelmoment.com.

3.14 - Use of non-public information

No gelmoment brand affiliate may act on, or benefit in any way from, any information about gelmoment, or its future plans, to pursue any aspect of the brand affiliate's business prior to the public announcement of such information by gelmoment. Such information may include, but is not limited to, any information gained through relationship, conversation, or communication with gelmoment employees, directors, or corporate officers, and includes all information that has not been officially announced. Any actions taken prior to a public announcement will be deemed to be a violation of the brand affiliate agreement and subject to disciplinary proceedings as set forth in section 8.1, including termination of your brand affiliate agreement.

3.15 - Income taxes

Each brand affiliate is responsible for reporting all income generated as an independent brand affiliate to Canada revenue agency (“cra”). Further, each brand affiliate is solely responsible for paying all applicable taxes (for example, but not limited to, provincial, territorial, and federal taxes) on all compensation received as an independent brand affiliate.

Every year, gelmoment will provide such information as legally required to the federal government (and to any provincial governments, as required) reflecting the total amount of payments made from gelmoment to each brand affiliate.

Gelmoment cannot provide brand affiliates with any personal tax advice. Brand affiliates should consult with their own tax accountant, tax attorney, or other tax professional. For clarity, all brand affiliates are responsible for reporting (and paying the resulting tax upon) all income to cra, in addition to any penalties or interest which may apply. In addition, pursuant to section 3.19, gelmoment shall have no liability or responsibility for the withholding, collection, or payment of any applicable employment insurance premiums or Canada pension plan contributions on any amounts paid to brand affiliates.

3.16 - Independent contractor status

Brand affiliates are independent contractors. The agreement between gelmoment and its brand affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the company and the brand affiliate. Brand affiliates shall not be treated as an employee for his or her services or for federal, provincial, or territorial tax purposes. All brand affiliates are responsible for paying local, provincial, territorial, and federal taxes due from all compensation earned as a brand affiliate of the company. The brand affiliate has no authority (expressed or implied), to bind the company to any obligation. Each brand affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the brand affiliate agreement, these policies and procedures, and applicable laws.

3.17 - Insurance

You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple “business pursuit” endorsement attached to your present homeowner’s policy.

3.18 - International marketing

Brand affiliates are authorized to sell gelmoment products only in the countries in which gelmoment is authorized to conduct business, as announced on the company’s official website or other official company literature. Gelmoment products or sales tools may not be shipped into or sold in any foreign country that the company has not announced is officially open for business. Brand affiliates may sell, give, transfer, or distribute gelmoment products or sales tools only in their home country. In addition, no brand affiliate may, in any unauthorized country: (a) conduct sales, (b) conduct any other activity for the purpose of selling gelmoment products.

Some of the countries or territories to which gelmoment is formally permitting brand affiliate enrollment are on a “not for resale” basis only. A brand affiliate or customer in these jurisdictions may purchase gelmoment products for personal use only, are limited to the amount of product that can be imported and may not resell the products. These policies and procedures and the brand affiliate agreement are subject to material change or replacement in each such market if/when gelmoment’s legal status changed in any such market.

3.19 - Bonus buying

Bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product purchases by end user consumers. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice. It is at the sole discretion of gelmoment to terminate a brand affiliate account if bonus buying is suspected.

3.20 - Adherence to laws and ordinances

Brand affiliates shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to brand affiliates because of the nature of their business. However, brand affiliates must obey those laws that do apply to them. If a city or county official tells a brand affiliate that an ordinance applies to him or her, the brand affiliate shall be polite and cooperative, and immediately send a copy of the ordinance to the compliance department of gelmoment.

3.21 - One gelmoment business per brand affiliate and per household

A brand affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one gelmoment business. No individual may have, operate, or receive compensation from more than one gelmoment business. A brand affiliate cannot have a distributor account. Individuals of the same household may not enter into or have an interest in more than one gelmoment business. A “household” is defined as all individuals who are living at or doing business at the same address, and who are related by blood, marriage, domestic partnership, or adoption, or who are living together as a family unit or in a family-like setting.

In order to maintain the integrity of the gelmoment brand affiliate earning plan, husbands and wives, domestic partnerships, or common-law couples (collectively referred to herein as “spouses”) who wish to become gelmoment brand affiliates must be jointly sponsored as one gelmoment business. Spouses, regardless of whether one or both are signatories to the brand affiliate agreement, may not own or operate any other gelmoment business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or have any other legal or equitable ownership) in the ownership or management of another gelmoment business in any form.

An exception to the one business per brand affiliate/household rule will be considered on a case-by-case basis if two brand affiliates marry or move in together, or in cases of a brand affiliate receiving an interest in another business through inheritance. Requests for exceptions to policy must be submitted in writing to the compliance department.

3.22 - Actions of household members or affiliated parties

If any member of a brand affiliate’s immediate household engages in any activity which, if performed by the brand affiliate, would violate any provision of the agreement, such activity will be deemed a violation by the brand affiliate and gelmoment may take disciplinary action pursuant to these policies and procedures against the brand affiliate. Similarly, if any partner, shareholder, member, or other individual ownership or management capacity (collectively “affiliated individual) in a corporation, partnership, trust or other entity (collectively “business entity”) violates the agreement, such action(s) will be deemed a violation by the business entity and each affiliated individual, and gelmoment may take disciplinary action jointly and severally against the business entity and/or each affiliated individual.

3.23 - Requests for records

Any request from a brand affiliate for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.

3.24 - Sale, transfer, or assignment of an independent gelmoment business prohibited

The brand affiliate agreement entered into between gelmoment, and each brand affiliate is a contract for personal services. As such, brand affiliates may not sell, assign, or transfer their independent gelmoment businesses and may not assign the brand affiliate agreement or delegate any duties thereunder.

3.25 - Separation of a gelmoment business

Gelmoment brand affiliates sometimes operate their gelmoment businesses as husband-wife partnerships, regular partnerships, corporations, trusts, or other business entities. At such time as a marriage may end in divorce or a corporation, partnership, trust, or other business entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship.

During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:

One of the parties may, with consent of the other(s), operate the gelmoment business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize gelmoment to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.

The parties may continue to operate the gelmoment business jointly on a “business-as-usual” basis, whereupon all compensation paid by gelmoment will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.

Under no circumstances will the marketing organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will gelmoment split commission and bonus payments between divorcing spouses or members of dissolving entities. Gelmoment will recognize only one marketing organization and will issue only one commission payment per gelmoment business per commission cycle. Commissions shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the company, the brand affiliate agreement shall be involuntarily canceled.

If a former spouse has completely relinquished all rights in the original gelmoment business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as a brand affiliate. In either case, the former spouse or business affiliate shall have no rights to any brand affiliates in their former marketing organization or to any former retail customer. They must develop the new business in the same manner as would any other new brand affiliate.

3.26 - Succession

Upon the death or incapacitation of a brand affiliate, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the company to ensure the transfer is proper. Accordingly, a brand affiliate should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a gelmoment business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased brand affiliate’s account provided the following qualifications are met. The successor(s) must:

Execute a brand affiliate agreement; and
Comply with terms and provisions of the agreement.

The devisee(s) must provide gelmoment with an “address of record”. If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal taxpayer identification number. Gelmoment will issue all bonus and commission payments to the business entity.

3.26.1 - Transfer upon death of a brand affiliate

To effect a testamentary transfer of a gelmoment business, the executor of the estate must provide the following to gelmoment: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to gelmoment specifying to whom the business and income should be transferred.

3.26.2 - Transfer upon incapacitation of a brand affiliate

To effectuate a transfer of a gelmoment business because of incapacity, the successor must provide the following to gelmoment: (1) a copy of the appointment of the trustee; (2) written instructions from the trustee instructing how the proceeds from the business should be paid; and (3) a completed brand affiliate agreement executed by the trustee.

3.27 - Telemarketing techniques

Although gelmoment does not consider brand affiliates to be “telemarketers” in the traditional sense of the word, state and federal government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.

Therefore, brand affiliates must not engage in telemarketing in the operation of their gelmoment businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a gelmoment product, “cold calls" made to prospective customers or brand affiliates that promote gelmoment’s products constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer is permissible under the following situations:

If the brand affiliate has an established business relationship with the prospect. An “established business relationship” is a relationship between a brand affiliate and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the brand affiliate, or a financial transaction between the prospect and the brand affiliate, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.

In response to a prospect’s personal inquiry or application regarding a product or service offered by the brand affiliate, within the three (3) months immediately preceding the date of such a call.

If the brand affiliate receives written and signed permission from the prospect authorizing the brand affiliate to call. The authorization must specify the telephone number(s) which the brand affiliate is authorized to call.

If the prospect is a family member, a personal friend, or an acquaintance. An “acquaintance” is someone with whom a brand affiliate has at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if a brand affiliate engages in “card collecting” with everyone the brand affiliate meets and subsequently calling them, a regulatory agency may consider this a form of telemarketing that is not subject to this exemption. Thus, if a brand affiliate engages in calling “acquaintances,” the brand affiliate must make such calls on an occasional basis only and not make this a routine practice.

Brand affiliates shall not use automatic telephone dialing systems or software relative to the operation of their gelmoment businesses. Brand affiliates shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a “robocall”) regarding or relating to the gelmoment products or opportunity.

3.28 - Back-office access

Gelmoment makes online back offices available to its brand affiliates. Back offices provide brand affiliates access to confidential and proprietary information that may be used solely and exclusively to promote the development of a brand affiliate’s gelmoment business and to increase sales of gelmoment products. However, access to a back office is a privilege, and not a right. Gelmoment reserves the right to deny brand affiliates’ access to the back office at its sole discretion.

3.29 - Change of contact information

To ensure timely delivery of products, support materials, commissions, and tax documents, it is important that gelmoment’s files are current. Street addresses are required for shipping. Brand affiliates planning to change any of their contact information or move must update their contact information via the back-office function of the brand affiliate’s replicated gelmoment website. To guarantee proper delivery, two weeks advance notice must be provided to gelmoment on all changes.

3.30 - Continuing development obligations

3.30.1 - Ongoing sales responsibilities

Regardless of their level of achievement, brand affiliates have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.

3.31 - Negative comments

Gelmoment values constructive criticisms and comments from brand affiliates. All such comments should be submitted in writing to gelmoment management. While gelmoment welcomes constructive input, negative comments and remarks made in the field by brand affiliates about the company, its products, or brand affiliate earning plan serve no purpose other than to sour the enthusiasm of other gelmoment brand affiliates. For this reason, and to set the proper example for their marketing organizations, brand affiliates must not disparage, demean, or make negative remarks about gelmoment, other gelmoment brand affiliates, gelmoment distributors, the brand affiliate earning plan, gelmoment products, or gelmoment’s directors, officers, or employees. Complaints and concerns about gelmoment should be directed to the customer service department. Disputes or disagreements between any brand affiliate and gelmoment shall be resolved through the dispute resolution process set forth in the agreement, and the company and brand affiliates agree specifically not to demean, discredit, disparage, or criticize one another on the internet or any other public forum.

Section 4 - Sales requirements

4.1 - Product sales

The gelmoment brand affiliate earning plan is based on the sale of gelmoment products to end consumers. Brand affiliates must fulfill personal retail sales requirements (as well as meet other responsibilities set forth in the agreement) to be eligible for bonuses and commissions.

4.2 - Product pricing / price advertising

As independent contractors, brand affiliates shall not advertise gelmoment products for less than the retail price as published by the company. This includes posting that you have special pricing, and that people should contact you for more details. Furthermore, no bulk pricing or special enticement advertising is allowed. This includes, but is not limited to, offers of free starter kits, free shipping, or other such offers that grant advantages beyond those available through any brand affiliate’s gelmoment website.

Brand affiliates are responsible for adherence to all local laws concerning pricing. Brand affiliates are permitted to advertise pricing of products but may never advertise prices that are less than the retail advertised pricing on the corporate website. It is never permitted to purchase the enrollment package for another brand affiliate, as they are required to pay for the cost of enrollment themselves, as per section 2.2 of gelmoment’s policies and procedures.

Advertising includes any social media platform, whether it’s public or private, sending unsolicited emails, texts or private messages or any other form of discount transmitted in writing that is less than the advertised pricing on our corporate website.

4.3 - No territory restrictions

There are no exclusive territories granted to anyone.

4.4 - Sales receipts

All brand affiliates must provide their retail customers with two copies of an official gelmoment sales receipt at the time of the sale. These receipts set forth the customer satisfaction guarantee as well as any consumer protection rights afforded by federal or state law. Brand affiliates must maintain all retail sales receipts for a period of two years and furnish them to gelmoment at the company’s request. Retail customers who purchase from a brand affiliate’s replicated website need not be provided with a sales receipt as the receipt will automatically be sent by the company via email at the time the order is placed.

Remember that customers must receive two copies of the sales receipt. In addition, brand affiliates must orally inform the buyer of his or her cancellation rights.

4.5 - Shipping schedule

Orders are typically prepared within 1-3 business days from the date on which the order is placed. It may take up to 10 business days to receive your order after it has been shipped. Once an order is placed, no changes can be made to it due to the instant payment program and it cannot be combined with other orders to save on shipping costs.

Please allow up to 7 business days for processing on enrollment packages plus 10 business days for shipping.

Goods are normally shipped within 2-3 business days from the date on which the order is placed. Once an order is placed, no changes can be made to it and it cannot be combined with other orders to save on shipping costs.

Section 5 - Personal & confidential information

5.1 - Handling personal information

As a brand affiliate, you will receive personal information from and about other brand affiliates, distributors, customers, and other individuals. Keeping their personal information secure not only helps to ensure your compliance with the law, but it also helps you to maintain current customers’ and potential customers’ trust, which is an important factor in your success. Personal information is information that identifies, or permits you to identify, an individual, and includes contact information, financial information, and sales data. It includes, but is not limited to, a customer’s, potential customer’s, brand affiliate or other individual’s name, address, email address, phone number, credit card information, purchase history, and other information. Brand affiliates are required to and are solely responsible for their own compliance with Canada’s privacy laws.

5.2 - Give the customer notice

Customers want to know why you are collecting their personal information and what you plan to do with it, so tell them what you are collecting, why and with whom you are going to share it. Tell them this before or at the time that you collect their personal information, and then be sure that you use and share personal information only in the ways you promised.

5.3 - Collect only what you need

Collect only the personal information that you really need. Review the forms that you use to collect personal information and revise them to remove fields for information you do not need. Less is more. For example, do not collect a credit or debit card number unless your customer actually makes a purchase.

5.4 - Give the customer control

Give customers a choice about how you communicate with them. For instance, find out if a customer wants to receive promotions and other marketing messages from you and, if so, whether he or she would prefer to receive them by email, phone, or another method of communication. Respect the customer’s wishes: if, for example, a customer tells you that he or she does not want to receive emails, then find another way to communicate with him or her.

5.5 - Stay up to date

Keep the customers’ personal information up to date. Remind them to let you know if their personal information changes. Keeping your contacts current helps you to stay in touch with them.

5.6 - Your back-office

Your back-office may have information relating to your upline’s confidential information. You must not show this information to anyone, nor may you share your back-office access with anyone.

5.7 - Share only if necessary

Don’t share a customers’ personal information unless you have a real business reason to do so—and then share only what is necessary, and no other information, and make sure that the other person agrees to use the personal information only in the ways you have agreed.

5.8 - Be careful

A customer’s information is a valuable asset. Don’t communicate it to the general public or to anyone who doesn’t have a legitimate need for it. Protect it from unauthorized access or disclosure.

5.9 - Dispose of personal information responsibly

When you no longer need a customer’s personal information, stop using it. Dispose of it in a way that makes it unreadable, such as by shredding paper documents.

5.10 - Be very careful with sensitive personal information

If sensitive personal information such as credit or debit card numbers, social security, or tax id numbers, fall into the wrong hands, customers could become the victim of fraud or identity theft. Consider these steps to help reduce that risk:

Pay attention to your surroundings and use good judgment whenever you need to discuss or transmit sensitive personal information.
Do not share (or ask a customer to share) sensitive personal information, including payment information, in an unsecure way, such as by email.
Keep sensitive personal information in a secure place, such as a locked drawer. Do not leave it lying around where someone could see or take it.
Use similar safeguards if you keep sensitive personal information on your computer. For example, use passwords that are not easy to guess, install virus protections, and password protect documents that contain sensitive personal information.
Avoid storing personal information on your laptop or another portable device that could be lost or stolen, unless the device is encrypted; and
Unless you have a legitimate business need, do not keep sensitive personal information. Keeping it for longer than you need it creates unnecessary risk.

Section 6 - Bonuses and Commissions & Rewards

6.1 - Bonus and commission qualifications

A brand affiliate must be active and in compliance with the agreement to qualify for bonuses and commissions. So long as a brand affiliate complies with the terms of the agreement, gelmoment shall pay commissions to such brand affiliate in accordance with the brand affiliate earning plan.

6.2 - Adjustment to bonuses and commissions

6.2.1 - Adjustments for returned products

Brand affiliates receive bonuses and commissions based on the actual sales of products and services to end consumers. When a product is returned to gelmoment for a refund, or the buyer institutes a credit card chargeback, either of the following may occur at the company’s discretion: (1) the bonuses and commissions attributable to the returned or repurchased product that were paid to the selling brand affiliate will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the bonuses and commissions are recovered; and/or (2) the bonuses and commissions attributable to the refunded product may be deducted from any refunds or credits to the brand affiliate(s) who received the bonuses or commissions on the sales of the refunded product.

6.2.2 - Garnishments or court orders

Gelmoment reserves the right to withhold or reduce any brand affiliate’s compensation as it deems necessary to comply with any garnishment or court order directing gelmoment to retain, hold, or redirect such compensation to a third party.

6.2.3 - Bonus and commission payment fees

The company pays commissions and bonuses to brand affiliates via an e-wallet. Brand affiliates may use the funds in their e-wallets to transfer the funds to their personal bank accounts or to a gelmoment pre-paid visa card. All transaction fees will be shown in your eWallet site. Alternatively, a brand affiliate may request payment from the company by hard-copy check. In that event, the company will deduct a $20 processing fee from each hard-copy check issued to the brand affiliate. There is an initial charge of $9.95 to receive a gelmoment pre-paid visa card. The pre-paid visa cards expire after three years. If a brand affiliate wishes to receive a new card, there is a charge of $9.95.

If incurred by a brand affiliate and not paid by some other method, the above fees will be withheld from the bonus and commission payments payable to the brand affiliate.

6.3 - Reports

All personal sales information is provided "as is" without warranties, express or implied, or representations of any kind whatsoever. In particular but without limitation there shall be no warranties of merchantability, fitness for a particular use, or non‑infringement.

To the fullest extent permissible under applicable law, gelmoment and/or other persons creating or transmitting the information will in no event be liable to any brand affiliate or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal and/or downline sales information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity, and damages that may result from inaccuracy, incompleteness, inconvenience, delay, or loss of the use of the information), even if gelmoment or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, gelmoment or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability, or other theory with respect to any subject matter of this agreement or terms and conditions related thereto.

Access to and use of gelmoment’s reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to gelmoment’s reporting services and your reliance upon the information.

Section 7 – Return policy

7.1 - Order cancellation and return policy

7.1.1 - Order cancellation

Each province and territory provide customer of direct sales agreements specific cancellation rights. The official gelmoment sales receipt applicable to each province and territory includes such cancellation rights. Brand affiliates shall verbally inform their customers of these rights, shall provide their customers with two copies of a retail receipt at the time of the sale, and shall point out the cancellation rights stated on the receipt.

7.1.2 - Money-back guarantee

Gelmoment offers a 100% money-back guarantee (less shipping charges) to all retail customers and brand affiliates. A brand affiliate or customer may return unused or defective product to gelmoment for a full refund (less the shipping charges) as long as the product is shipped to gelmoment, shipping pre-paid, within (60) days of the date that brand affiliate received the product. Each brand affiliate is bound to honour this guarantee for his or her retail customers. Returns of unused products require the initiation of a return request to our support department within 7 days from the date that the customer or brand affiliate received the product. All refund requests received by our support department outside the 7 days, will incur a 10% restocking fee.

Products shipped directly to the customer by the company must be returned to the company and a refund will be issued to the customer by the company. Products delivered to the customer by a brand affiliate must be returned to the selling brand affiliate, and it shall be the responsibility of the brand affiliate to issue the refund to his/her customer.

This product guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable. Product returned as defective product may be subject to additional testing and investigation by gel moment to determine whether in fact the product is defective or was abused or misused. Gel moment reserves the right to refuse a refund if a product is not defective or was abused or misused.

Brand affiliates shall disclose the terms of the warranty to his/her customers at the time of sale and shall also point out this warranty information on the sales receipt and product literature.

Gelmoment reserves the right to terminate the agreement without advance notice if in its sole discretion gelmoment determines the brand affiliate is abusing this return policy.

Should there be a promotion for "free shipping" and a refund is requested, the standard shipping costs will still be deducted from the refund, to cover the shipping costs incurred by gelmoment.

7.2 - Procedures for all returns

The following procedures apply to all returns for refund, repurchase, or exchange:

All merchandise must be returned by the brand affiliate or customer who purchased it directly from gelmoment.

All products to be returned must have a return form which is obtained by email support@gelmoment.com. This return form must be included in each carton returned. Returns will not be processed if the return form is not included in the return carton.

The return is accompanied a copy of the order receipt, a completed and signed product return form, and the unused portion of the product in its original container.

Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested. All returns must be shipped to gelmoment shipping pre-paid. Gelmoment does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the brand affiliate or the customer. If returned product is not received by the company’s distribution center, it is the responsibility of the brand affiliate or customer to trace the shipment.

If a brand affiliate or customer is returning merchandise to gelmoment that was returned to him or her by a personal retail customer, the product must be received by gelmoment within seven (7) days from the date on which the retail customer returned the merchandise to the brand affiliate and must be accompanied by the sales receipt the brand affiliate gave to the customer at the time of the sale.

No refund or replacement of product will be made if the conditions of these rules are not met.

Section 8 - Dispute resolution and corrective measures

8.1 - Corrective measures

Violation of the agreement, these policies and procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a brand affiliate that, in the sole discretion of the company may damage its reputation or goodwill (such damaging act or omission need not be related to the brand affiliate’s gelmoment business), may result, at gelmoment's discretion, in one or more of the following corrective measures:

Issuance of a written warning or admonition.
Requiring the brand affiliate to take immediate corrective actions.
Gelmoment may withhold from a brand affiliate all or part of the brand affiliate’s bonuses and commissions during the period that gelmoment is investigating any conduct allegedly in violation of the agreement. If a brand affiliate’s business is canceled for corrective measures, the brand affiliate will not be entitled to recover any commissions withheld during the investigation period.
Suspension of the individual’s brand affiliate agreement and independent gelmoment business for one or more pay periods (without pay).
Involuntary termination of the offender’s brand affiliate agreement.
Suspension and/or termination of the offending brand affiliate’s gelmoment website or website access; or
Any other measure expressly allowed within any provision of the agreement or which gelmoment deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the brand affiliate’s policy violation or contractual breach.

In situations deemed appropriate by gelmoment, the company may institute legal proceedings for monetary and/or equitable relief.

8.2 - Grievances and complaints

When a brand affiliate has a grievance or complaint with another brand affiliate or distributor regarding any practice or conduct in relationship to their respective gelmoment businesses, the complaining brand affiliate should first report the problem to his or her sponsor who should review the matter and try to resolve it with the other party's upline leadership. If the matter involves interpretation or violation of company policy, it must be reported in writing to the brand affiliate services department at the company. The brand affiliate services department will review the facts and resolve it.

8.3 - Mediation

For claims seeking $10,000 or more that arise from or relate to the agreement, prior to filing arbitration as provided below, the parties shall meet in good faith and attempt to resolve such dispute through confidential non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses, including travel and lodging expenses.

8.4 - Arbitration

Except as otherwise provided in the agreement, any dispute, controversy, or claim arising out of or relating to the agreement, including any question regarding its application, interpretation, implementation, validity, breach, or termination shall be referred to and finally resolved by arbitration using the Canadian arbitration association expedited arbitration rules. The arbitration shall be filed with, and administered by, the Canadian arbitration association (“caa”). The Canadian arbitration association expedited arbitration rules are available on the caa’s website at www.canadianarbitration.ca. The parties agree that the Canadian arbitration association expedited arbitration rules give the parties a fair opportunity to present their case and respond to the case of the other side. Copies of the caa’s expedited arbitration rules will also be emailed to brand affiliates upon request to gelmoment’s customer service department. The parties waive all rights to trial by jury or to any court. This arbitration provision applies to claims that were not successfully resolved through the foregoing mediation process as well as claims for less than $10,000.00 not subject to the mediation requirement... Notwithstanding the rules of the caa, the following shall apply to all arbitration actions:

The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed and shall last no more than five business days.
The parties shall be allotted equal time to present their respective cases.
The arbitration shall be conducted in English.
The arbitration shall be brought on an individual basis and not as part of a class or consolidated action.

There shall be one arbitrator selected from the panel that the caa provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties. There may be no appeal from the decision of the arbitration tribunal on questions of fact, law or mixed fact and law. This agreement to arbitrate shall survive the cancellation or termination of the agreement.

The parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to third parties:

The substance of, or basis for, the controversy, dispute, or claim.
The substance or content of any settlement offer or settlement discussions or offers associated with the dispute.
The pleadings, or the content of any pleadings, or exhibits thereto, filed in any arbitration proceeding.
The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration.
The terms or amount of any arbitration award; or
The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.

Notwithstanding the foregoing, nothing in the agreement shall prevent either party from applying to and obtaining from any court to which the parties have consented to jurisdiction as set forth in the agreement a temporary restraining order, preliminary, interlocutory, or permanent injunction, or provisional measures or other equitable relief to safeguard and protect its intellectual property rights, trade secrets, and/or confidential information, including but not limited to enforcement of its rights under the non-solicitation provision of the agreement.

8.5 - Class action waiver

Any action brought by a brand affiliate shall be brought on an individual basis, and not on behalf of a class or on a consolidated basis. Brand affiliates waive all rights to bring an action against gelmoment, its officers, owners, directors, employees and agents as a class or consolidated action.

8.6 - Governing law and attornment of jurisdiction

For the purpose of all legal proceedings with any matter not subject to arbitration, this agreement will be deemed to have been performed in the province of Quebec and the courts of the province of Quebec, district of Montreal, will have jurisdiction to entertain any such legal proceedings arising under this agreement. This agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the laws of Canada applicable therein.

8.7 - Damage limitation

In any action arising from or relating to the agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Notwithstanding the foregoing, this damage limitation shall not apply to claims alleging the breach of the non solicitation or confidentiality provisions contained in these policies.

8.8 - Indemnification

Brand affiliates agree to indemnify gelmoment for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements, or payments of any other nature that gelmoment incurs resulting from or relating to any act or omission by brand affiliate that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the agreement. Gelmoment may elect to exercise its indemnification rights through withholding any compensation due the brand affiliate. This right of setoff shall not constitute gelmoment’s exclusive means of recovering or collecting funds due gelmoment pursuant to its right to indemnification.

8.9 - Liquidated damages

In any case which arises from or relates to the wrongful termination of brand affiliate’s agreement and/or independent gelmoment business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of a brand affiliate’s agreement and/or loss of their independent business held to be wrongful under any theory of law, brand affiliate’s sole remedy shall be liquidated damages in the amount of his/her gross compensation that he/she earned pursuant to gelmoment’s brand affiliate earning plan in the twelve (12) months immediately preceding the termination.

Gross compensation shall include commissions and bonuses earned by the brand affiliate pursuant to gelmoment’s brand affiliate earning plan as well as retail profits earned by brand affiliate for the sale of gelmoment merchandise. However, retail profits must be substantiated by providing the company with true and accurate copies of fully and properly completed retail receipts provided by brand affiliate to customers at the time of the sale.

The parties agree that the foregoing liquidated damage provision is fair and reasonable.

Section 9 - Inactivity and cancellation

9.1 - Effect of cancellation

So long as a brand affiliate remains active and complies with the terms of the brand affiliate agreement and these policies and procedures, gelmoment shall pay commissions to such brand affiliate in accordance with the brand affiliate earning plan. A brand affiliate’s bonuses and commissions constitute the entire consideration for the brand affiliate's efforts in generating sales and all activities related to generating sales. A brand affiliate whose business is cancelled will lose all rights as a brand affiliate. This includes the right to sell gelmoment products and the right to receive future commissions and bonuses.

Following a brand affiliate’s cancellation of his or her brand affiliate agreement, the former brand affiliate shall not hold himself or herself out as a gelmoment brand affiliate and shall not have the right to sell gelmoment products. A brand affiliate whose brand affiliate agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation). If a former brand affiliate re-enrolls (which is at the discretion of the company), he or she will not receive any retroactive commissions or bonuses from the time that he or she was not an active brand affiliate.

9.2 - Cancellation due to inactivity

In order to be eligible to earn bonuses and commissions, a brand affiliate’s account must be active.

Should a brand affiliate become inactive, by not having met the quarterly fee requirements, their account will be closed.

9.2.1 - Maternity exemption

A brand affiliate shall be exempt from meeting the above activity requirements for a period of four (4) months following the birth or adoption of a child. Appropriate documentation must be provided to the company upon request. It is the brand affiliate's responsibility to advise us in advance, in order to avoid any disruptions to their account, in the event of inactivity or account closure.

9.2.2 - Military deployment exemption

Military personnel shall be exempt from meeting the above activity requirements while deployed into a foreign country and for a period of one (1) month following the end of such deployment. Appropriate documentation must be provided to the company upon request.

9.3 - Involuntary cancellation

A brand affiliate’s violation of any of the terms of the agreement, including any amendments that may be made by gelmoment in its sole discretion, may result in any of the sanctions listed in section 8.1, including the involuntary cancellation of his or her brand affiliate agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the brand affiliate’s last known address, email address, or fax number, or to his or her attorney, or when the brand affiliate receives actual notice of cancellation, whichever occurs first.

Gelmoment reserves the right to terminate all brand affiliate agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.

9.4 - Voluntary cancellation

A participant in this affiliate marketing program has a right to cancel at any time, regardless of reason. If cancellation is in writing, the cancellation notice must be submitted to the company at its principal business address. The written notice must include the brand affiliate’s signature, printed name, address, and brand affiliate ID Number.

In addition to written cancellation, brand affiliates who have consented to electronic contracting will cancel their brand affiliate agreement should they withdraw their consent to contract electronically.

A brand affiliate may also voluntarily cancel his or her gelmoment business by returning $300 or more of merchandise in any 12-month rolling period and seeking a refund for such returns.

9.5 - Non-renewal

A brand affiliate may also voluntarily cancel his or her brand affiliate agreement by failing to pay the quarterly fees within 30 days of their due date. The company may also elect not to renew a brand affiliate’s agreement at the time of their quarterly renewal date.

Section 10 - Definitions

Active brand affiliate — a brand affiliate who has kept their renewal fees up to date and maintained an account in good standing.

Affiliated party — a shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a business entity.

Agreement — the contract between the company and each brand affiliate includes the brand affiliate agreement, the gelmoment policies and procedures, the gelmoment brand affiliate earning plan, and the business entity addendum (where appropriate), all in their current form and as amended by gelmoment in its sole discretion. These documents are collectively referred to as the “agreement.”

Cancel — the termination of a brand affiliate’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.

External website — a brand affiliate’s personal website that is hosted on non-gelmoment servers and has no official affiliation with gelmoment.

Gelmoment enrollment package — a package that a brand affiliate must purchase in order to become a gelmoment brand affiliate. It includes products, and business support materials, and brand affiliate replicated website. The package is subject to change without notice.

Household — all individuals who are living at or doing business at the same address, and who are related by blood or marriage, or who are living together as a family unit or in a family-like setting. A household includes, but is not limited to, spouses, heads-of-household, and dependent family members residing in the same residence.

Immediate household — spouses, heads-of-household, and dependent family members residing in the same residence.

Official gelmoment material — literature, audio or video recordings, websites, and other materials developed, printed, published, and/or distributed by gelmoment to brand affiliates.

Personal production — moving gelmoment products to an end consumer for actual use.

Replicated website — a website provided by gelmoment to brand affiliates which utilizes website templates developed by gelmoment.

Resalable — products shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and 4) they are returned to gelmoment within 60 days from the date of purchase. Any merchandise that is identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.

Retail customer — an individual or entity that purchases gelmoment products from a brand affiliate, but who is not a brand affiliate, or an immediate household family member of a brand affiliate.

Retail sales — sales to a retail customer.

Sales tools — marketing or promotional materials, sales aids, recruitment aids, business marketing or business building services, training material, and/or advertising materials, of any nature that directly or indirectly promote gelmoment products and/or the gelmoment business.

Social media — any type of online media that invites, expedites, or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, to rate or to comment or respond to content. Examples of social media include, but are not limited to, blogs, Facebook, myspace, twitter, LinkedIn, delicious, Pinterest, Instagram, and YouTube.

Sponsor – a distributor who enrolls another distributor or a brand affiliate into the company. The act of enrolling others and training them to become distributors or brand affiliates is called “sponsoring”.

Upline — this term refers to the brand affiliate or brand affiliates above a particular brand affiliate in a sponsorship line up to the company. Conversely stated, it is the line of sponsors that links any particular brand affiliate to the company.