Legacy Gold Ltd. (the “Company”) is an online direct sales company, promoted and marketed as a Network Franchise, marketing bullion (as physical fine gold grain and bars) and a range of associated and/or complementary products and services(the "Products"), through self-employed, Independent Consultants (“Consultants”), who are rewarded for their efforts via an affiliate marketing compensation programme ("The Reward Programme").
These Policies and Procedures, together with the Company Terms & Conditions and the Legacy Gold Reward Programmeare applicable to all Consultants and the three documents together form the contract between the Company and the Consultant.
Although they appear formal, and are legally binding, these Policies and Procedures have been designed to help you in the development of your Network Franchiseand also provide you with guidelines for observing best practice.
They are designed to protect all parties: the Company, the Consultant and your Customers, in all markets where Legacy Gold operate.
Consultants are independent contractors and as such are not an agent, employee or legal representative of the Company. Consultants are responsible for their own expenses, including the payment of all taxes in their country of operation. It is therefore imperative that each Consultant seeks professional advice on their financial affairs including the payment of taxes on personal income and capital gains.They are also responsible for ensuring that they have fulfilled all statutory and regulatory requirements in order to be allowed to recommend the Business Opportunity and Products to others and receive compensation on resultant sales.
The Company expressly reserves the right to modify the agreement, alter or amend prices, Rules and Regulations, Policies and Procedures, Terms and Conditions, product availability and the Reward Programme. Upon notification, in writing, such amendments are automatically incorporated as part of the agreement between the Company and the Consultant. Company communication of changes may include, but shall not be limited to mail, email, fax, posting on the Company website, publication in company newsletters or magazines, etc.
It is the responsibility of the Consultant to ensure that he or she visits the official Company website applicable to their home market, from time to time, to remain up to date with any changes which may be made to these Policies and Procedures.
Neither the Company or its Consultants offer or may offer investment advice. No corporate marketing materials, printed or electronic, should be construed as investment or financial advice. The purchase of gold should never be construed or described as an investment.
Neither the Company or its Consultants imply or may ever imply, that the value of gold is certain to rise in the future.
Section 1: Becoming a Consultant
1.1 Costs & Fees
i. All Consultants are required to purchase an E-Welcome Pack following submission of their onlineRegistration Form. No product or service purchase by the Consultant is required thereafter, although purchase of product is highly recommended. The purchase of a Welcome Pack constitutes payment of the joining fee.
ii. The payment of the joining fee enables the Consultant to purchase product and services from/via the Company at the advertised discounted rates, introduce other Consultants and Customers and, to receive commissions and bonuses on the Consultant’s own sales and on the sales of those people they introduce, through the application of the Legacy Gold Reward Programme. The Company reserves the right in its absolute discretion to accept or reject an application to register as a Consultant.
1.2 Spouse and Family
Members of the Consultant’s immediate family, residing at a single address (which includes spouse, parents and children), may together operate as one Consultancy or choose to operate separate consultancies, subject to provision of the required ID being submitted.
Members of the same family are not required to have the same sponsor.
In the case of a joint Consultancy, those persons shall be jointly and severally liable for the performance of any obligations under the Agreement.
1.3 Change in Status.
Marriage/Statutory Domestic Partnership: Two Consultants who marry or enter into a statutory domestic partnership, after having established their own individual Consultant positions, may continue to operate their existing Consultant positions.
Should a husband/wife Consultant divorce, they shall notify the Company as to how the Consultant position is to be managed thereafter. Otherwise the Company will recognise any Court order or declaration made in respect of the Consultant position.
Should a couple become divorced or enter into a dissolution, they agree to notify the Company as to who will assume responsibility for the Consultant Position in one of the following manners:
a) Written notarised agreement signed by both parties indicating who will retain the Consultant Position.
b) A court order delineating who receives custody over the Consultant Position.
c) Both parties may choose to retain their joint Consultant Position and operate it as a partnership.
The divorced/dissolved Consultant may apply for a new Consultant Position without having to wait 3 months.
1.5 Sale of a Consultancy
A Consultant may not sell, assign or otherwise transfer his or her Consultant position, marketing position or other Consultant rights without written application and approval by the Company. This paragraph is also applicable to transfer of any interest in an entity that owns a Consultant position, including but not limited to corporation, partnership, trust or other non-individual entity.
The potential buyer must be at the equivalent or higher rank as the selling Consultant or have been a Company Consultant for at least a one year period prior to the sale. The Consultant position must be offered in writing first to the Consultant’s sponsor. If the sponsor declines the offer, the Consultant may offer the Consultant position for sale to other qualified Company Consultants, but only on the same terms and conditions as offered to the sponsor.
A Consultant who sells his or her Consultant position shall not be eligible to requalify as a Consultant for a period of at least six months after the sale. The Company reserves the right to review the sale agreement and to verify waiver from the upline sponsor in the event the upline sponsor declines to purchase the Consultant position.
1.6 Inheritance of a Consultancy position
Consultant positions may be included in a will and bequeathed to a spouse, child or other family member. The position must continue to qualify in accordance with the Legacy Gold Reward Programme in order to receive commissions and bonuses.
Any other bequest to an entity or person outside the immediate family of the Consultant, requires written approval from the Company.
1.7 Non-Individual Ownership.
A partnership or corporation may be a Consultant. However, no individual may participate in more than one (1) Consultant position in any form without express written permission from the Company. Only in the most extreme and extraordinary circumstances will this be considered.
a) A Consultant position may change status under the same sponsor from individual to partnership or corporation or from partnership to corporation with proper and complete documentation.
b) Therequest to form a new Consultant position as a partnership or corporation or to change status to one of these forms of business, must be made in writing to the Company. The written request must include details of all partners, stockholders, officers or directors in the partnership or corporation. The partner or officer who submits the request must be authorised to enter into binding contracts on behalf of the partnership or corporation and be prepared to submit the required KYC documentation. In addition, by submitting the partnership/corporation request, you certify that no person with an interest in the business has had an interest in a Consultant position within three (3) months of the submission of the form (unless it is the continuation of an existing Consultant position that is changing its form of doing business).
1.8 Transfer of Sponsorship.
Transfer is rarely permitted and is actively discouraged. Maintaining the integrity of sponsorship is absolutely essential for the success of the overall organization.
a. Transfers will generally be approved in four (4) circumstances only:
i. In the case of unethical sponsoring by the original sponsor. In such cases, the Company will be the final authority.
ii. With the written approval of the immediate five (5) upline sponsors.
iii. Resigning from the Company and waiting three (3) months to reapply under the new sponsor.
iv. When the upline(s) have resigned or have been inactive for more than 12 months and have offered no support to the downline in the development of their business. In such cases the Company will be the final authority.
b. In cases i. and iv. above, the individual may be transferred with any downlines intact; in all other events, the individual alone is transferred without any downline Consultants being removed from the original line of sponsorship.
Section 2: Introducing other Consultants
Legacy Gold is founded on a culture of supporting and helping others.
2.1 Any Consultant who sponsors other Consultants must perform a bona fide supportive, supervisory and training role for those it has sponsored. Consultants must have ongoing contact, communication and management supervision with his or her downline sales organisation. Examples of such supervision may include, but are not limited to:newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training, and sharing genealogy information with those sponsored. Consultants should be able to provide evidence to the Company upon request, of the ongoing fulfilment of these sponsor responsibilities.
Key to these responsibilities is the training and promotion of the Company Marketing System, which comprises the sharing of links to the Consultant's website / video presentations, which are the primary elements in the development of a Legacy Gold Network Franchise.
2.2 Every person has the right to choose his/her own sponsor. If two Consultants should claim to be the sponsor of the same new Consultant, the Company shall regard the first application received by the corporate home office as controlling.
2.3 As a general rule, it is good practice to regard the first Consultant to meaningfully work with a prospective Consultant as having first claim to sponsorship, but this is not necessarily controlling. Basic tenets of common sense and consideration should govern. The Company will be the ultimate arbiter in such disputes and will always act in the best interests of the Consultant and their Network Franchise.
Section 3: Operating a Consultancy
3.1 Document Submission Integrity.
The integrity of all documents submitted by Consultants is essential to the success of the Company, its Consultants and Customers. All documents and transactions submitted to the Company, are to be submitted by the individual or entity involved in the transaction. Third party submission of documents and transactions is prohibited. A Consultant may not submit any documents or transactions on behalf of another Consultant, applicant or Customer. A Consultant may not use his or her credit card, bank account, e-wallet or digital currency account on behalf of another individual or Consultant.
3.2 Ethical operation of a Consultancy
In the conduct of their business, the Consultant shall safeguard and promote the reputation of the products and services of the Company and shall refrain from all conduct which might be harmful to the reputation of the Company or to the marketing of such products and services or inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. A Consultant shall not interfere with, harass or undermine other Consultants and, at all times, shall respect the privacy of other Consultants. A Consultant must not disparage the Company, its affiliate entities, business partnerships, other Consultants, the Company’s products and/or services, the Company’s Reward Programme, or Company employees.
Legacy Gold do not operate any form of non-compete contract, believing that the development of multiple streams of income is a natural route to follow in order to plan for the future. However, the Company reserves the right in its absolute discretion, to terminate a Consultancy, or at least suspend payments of commissions and bonuses, if the Consultant is conducting their business in a manner which may be deemed unethical. Such behaviour includes, but is not limited to: pitching other business opportunities 'cross line' or out of a Consultant's pay-line, below their first level, at corporate events and functions, or on corporate-run social media sites.
3.3 Requests for Records.
The Company will comply fully with all requests for records accompanied by a properly prepared and signed authorization by the person whose records are being sought. The Company will comply fully with all requests for records by government agencies with the authority to request such records and accompanied by the requisite legal documentation.
3.4 Retail Sales
The Company’s programme is built upon Customer purchases at varying retail prices, according to status ie. Customer, Affiliate or Consultant. Although the benefits of being a Consultant are evident (lower buying prices, full access to marketing tools and all levels of the Reward Programme to name but a few), Consultants are encouraged to constantly promote the Legacy Gold buying platform to Customers, through the presentation of Customer Discount Vouchers, full details of which can be found in the Welcome Pack or on the Company website.
Consultants shall not advertise Company Products and services, Reward Plan and/or Business Opportunity, except as specifically approved by the Company. Consultants shall not misrepresent the Company, the Products, the Reward Programme or a Consultant’s income potential.
Section 4: Promoting Your Business
4.1 Representation of Status.
In all cases, any reference the Consultant makes to him/herself must clearly set forth the Consultant’s independent status. For example, if the Consultant has a business telephone, the telephone may not be listed under the Company’s name or in any other manner which does not disclose the independent contractor status of the Consultant.
4.2 Trademark, Trade Names, Advertising.
The name of the Company and such other names and brands as may be adopted by the Company are proprietary trade names and trademarks of the Company. As such, these marks are of great value to the Company and are supplied to the Consultant for the Consultant’s use only in an expressly authorised manner. The Consultant agrees not to advertise the Company’s products or services in any way other than by use of the advertising and promotional materials made available to the Consultant by the Company. The Consultant agrees not to use any written, printed, recorded or any other material in advertising, promoting or describing the products or services of the Company or its marketing programme, or in any other manner, which has not been copyrighted by the Company and supplied to the Consultant by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published or displayed.
The Company will not permit the use of its copyrights, designs, photography, logos, trade names, trademarks, etc. without its prior written permission. This includes the use of the name 'Legacy Gold' , any of its associated brands, or any derivative, in media, URLs, social media groups and clubs.
Similarly, the Company does not permit elements of its marketing materials, including but not limited to presentations, videos, social media posts, leaflets etc, to be changed, rebranded or amended in any way. This is to ensure the correct duplication of all materials downline and to protect the Legacy Gold brand and message.
The Legacy Gold brands and logos may be used by Consultants for marketing purposes and on stationery and letterheads, as long as it is accompanied by the words: Independent Consultant, in a clearly visible and legible manner eg. 10pt print or larger. Artwork for the same is available in the Back Office of the website.
Use of the name, brand or logo of any of Legacy Gold's supply partners in any marketing materials is expressly forbidden.
Direct contact with any of Legacy Gold’s supply partners is alsoexpressly forbidden.
4.3 Corporate indemnity
The Consultant, as an independent contractor, is fully responsible for all of his/her verbal and written statements made regarding the Company’s products or services and marketing programme, which are not expressly contained in writing in the current Consultant agreements and advertising or promotional materials supplied directly by the Company. The Consultant hereby indemnifies and shall hold the Company fully indemnified from and against any and all actions, proceedings, losses, damages, liabilities, obligations, costs, claims, charges and expenses suffered or incurred by the Company of whatsoever nature arising out of or in connection with the Consultant’s unauthorised representations.
4.4 All Company materials, whether printed, on film, produced by sound recording, or on the internet, are copyrighted and may not be reproduced in whole or in part by Consultants or any other person except as authorised by the Company and on Company-produced websites and/or social media groups for the express purpose of reproduction and marketing.
4.5 A Consultant may not produce, sell or distribute literature, films or sound recordings which are deceptively similar in nature to those produced, published and provided by the Company for its Consultants. Nor may a Consultant purchase, sell or distribute non-company materials which imply or suggest that said materials originate from the Company.
4.6 Any display ads or institutional or trademark advertising copy, other than covered in the foregoing rules, must be submitted to the Company and approved in writing by the Company prior to publication.
4.7 All advertising copy, direct mailing, radio, TV, newspaper and display copy must be approved in writing before being disseminated, published or displayed with the exception of short-form blind ads where no reference is made to the Company name or product name.
4.8 Recording Policy.
Company events may be recorded by the Company. Images, video and audio of people attending or participating in a Company related event may be used in Company published media, in business support materials, and for promotions. By registering for and attending a Company related event, you agree to allow the Company to use your image, video, audio and personal information in these recordings and any other marketing materials subsequently produced by the Company.
4.9 Private video and recording of events is prohibited, whether through audio, video, cellular or other forms of recording devices since Company events are governed by an all-rights-reserved copyright policy. In accordance with this policy, the Company prohibits any and all personal recordings of any Company related event. This includes all Company related conferences, leadership or team meetings, training sessions, etc. Any attempt by unauthorised personnel to record these events may result in the confiscation of and forfeiture of the recording device.
4.10Internet and Website Policy.
Each Consultant is issued with their own unique Referral Link upon registration. When shared with others, this link will refer the user directly to that Consultant’s Referral Page and place a cookie on the user’s system to ensure that the user will always be associated with that particular Consultant, should they wish to open an account themselves.
The Company maintains an official corporate website. Consultants are allowed to advertise on the internet through an approved Company system, which allows Consultants to produce their own Legacy Gold Homepage that can be personalised with the Consultant’s photo and contact information. These websites link directly to the Company website giving the Consultant a professional and Company-approved presence on the internet.
No Consultant may independently design a website that uses the names, logos, product or service descriptions of the Company, nor may a Consultant use “blind” ads on the internet making product or income claims which are ultimately associated with Company products, services or the Company’s Reward Programme. Any person using Company names, logos, trademarks, etc. on the internet or any other advertising medium, except as permitted by Company rules and regulations, shall be subject to immediate discipline, including termination of Consultant status.
Except with written authorisation from the Company, a Consultant may not sell or promote Company products on unauthorised internet sites, including, but not limited to auction sites such as eBay, nor internet shopping sites, nor internet malls.
Consultants may link personal sites to their own Referral Page with the prior written approval of the Company. Approval is gained by submitting the URL of the personal website to email@example.com. This is to prevent the Company being associated with potentially inappropriate material.
4.11 Unsolicited Email.
The Company does not permit Consultants to send unsolicited commercial email to others unless such emails strictly comply with applicable laws and regulations including, without limitation, the Privacy and Electronic Communications Regulations 2011 and the GDPR regulations introduced in May 2018.
Any email sent by a Consultant that promotes the Company, the Company Opportunity or Company Products and services must comply with the following:
i. There must be a functioning return email address to the sender.
ii. 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 are not sent to him or her (a functioning “opt-out” notice).
iii. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
iv. The use of deceptive subject lines and/or false header information is prohibited.
v. All opt-out requests, whether received by email or regular mail, must be honoured. If a Consultant receives an opt-out request from a recipient of an email, the Consultant must forward the opt-out request to the Company.
4.12Unsolicited Faxes and Spam.
Except as provided in this section, Consultants may not use or transmit unsolicited faxes, mass email distribution, unsolicited email, or “spamming” or use an automatic telephone dialling system relative to the operation of their businesses. Unsolicited broadcast distribution of email or other distribution that may be defined as “bulk mail” or “SPAM” is strictly prohibited. Consultants may send “general mailings” only to other Consultants in their downline organisations and their direct up-line sponsors. Any other bulk use of email is prohibited.
The terms “unsolicited faxes” and “unsolicited email” mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting the Company, its Products, its Reward Programme or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax or email:
a) To any person with that person’s prior express invitation or permission; or
b) To any person with whom the Consultant has an established business or personal
relationship. The term “established business or personal relationship” means a prior or existing relationship formed by a voluntary two-way communication between a Consultant and a person, on the basis of:
(1) An inquiry, application, purchase or transaction by the person regarding products offered by such Consultant; or
(2) A personal or familial relationship, which relationship has not been previously terminated by either party.
4.13 International Sales
Consultants may only operate in countries which have been declared formally open by the Company.
Consultants must comply fully with the Rules of Operation of a Company Consultant position in any country that has been declared to be open for trade.
Any violation of this rule constitutes a material breach of this contract and is grounds for immediate termination of the Consultant.
4.14 Data confidentiality
On a periodic basis, the Company will supply reports to the Consultant which will provide information concerning the Consultant’s downline sales organisation and product purchases. The Consultant agrees that such information is proprietary and confidential to the Company and is transmitted to the Consultant in confidence. The Consultant agrees that he or she will not disclose such information to any third party directly or indirectly, nor use the information to compete with the Company directly or indirectly during or after the term of the Consultant’s Agreement. The Consultant and the Company agree that, but for this agreement of confidentiality and nondisclosure, the Company would not provide the above confidential information to the Consultant.
A Consultant shall take appropriate steps to safeguard the security of all personal data provided by a Customer, a prospective Customer and/or other Consultants. All such data shall be retained only for so long as may be reasonably necessary to fulfil the purpose for which it was provided and shall not be used for any other purpose.
It is agreed that Company is authorised to use the Consultant’s name, photograph, personal story and/or likeness in advertising or promotional materials and the Consultant waives all claims for remuneration for such use.
4.15 Vendor confidentiality.
The Company’s business relationships with its vendors, manufacturers and suppliers is confidential. A Consultant shall not contact, directly or indirectly, or speak to or communicate with any representative of any supplier, partner or manufacturer of the Company except at a Company sponsored event at which the representative is present at the request of the Company. Violation of this regulation may result in termination and possible claims for damages if the vendor/manufacturer’s association is compromised by the Consultant contact.
4.16 Disciplinary Actions.
The Consultant’s breach of the Consultant’s Agreement including these Policies and Procedures or any illegal, fraudulent, deceptive, or unethical business conduct may result, at the Company’s discretion, in one or more of the following disciplinary actions:
I. Issuance of a written warning or admonition;
II. Imposition of a fine, which may be imposed immediately or withheld from future commission payments;
III. Reassignment of all or part of a Consultant’s organisation;
IV. Suspension, which may result in termination or reinstatement with conditions or restrictions;
V. Termination of the Consultant.
The Company reserves the right to terminate any Consultant at any time for cause when it is determined that the Consultant has violated the provisions of the Consultant agreement, including the provisions of these Policies and Procedures as they may be amended or the provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by the Company at its discretion. Upon an involuntary termination, the Company shall notify the Consultant by mail at the latest address listed with the Company for the Consultant.
In the event of a termination, the terminated Consultant agrees to immediately cease representing him/herself as a Consultant.
i. When a decision is made to terminate a Consultant, the Company will inform the Consultant in writing (either by email or post) that the Consultant is terminated immediately, effective as of the date of the written notification. The termination notice will be sent to the Consultant’s address/email address on file with the Company.
ii. The Consultant will have 15 days from the date of mailing in which to appeal the termination in writing (email to firstname.lastname@example.org ), and provide a written response to the finding of violations of the Consultant’s Agreement, policies and/or rules. The Consultant’s appeal and/or response correspondence must be received by the Company within 20 days of the Company’s termination letter. If the appeal is not received within the 20-day period, the termination will be automatically deemed final.
iii. If a Consultant files a timely appeal of termination, the Company will review and reconsider the termination, consider any other appropriate action, and notify the Consultant of its decision. The decision of the Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will be effective as of the date of the Company’s original termination notice.
iv. If the Company is storing gold on behalf of a Consultant at the time of termination, the Consultant’s account will be treated as a Customer Account until such time as the gold is delivered or sold back to the Company. During such time the Customer will be subject to and obliged to pay storage costs at a rate notified to the Customer in advance.
v. Promoting the Company Culture:
The Founders of Legacy Gold place heavy emphasis on the Culture which they promote at all levels throughout the Company. This Culture is a cornerstone upon which the Company has been built and focuses on helping others to build a Legacy of their own. For this reason, if a Consultant has been inactive for a period of 12 months or more ie. not placed an order, sponsored new Customers or worked with existing downline in the development of their Legacy Gold Network Franchise, the Company reserves the right to downgrade the status of that Consultant to Customer, moving existing downlines upline in order to promote improved support of the downline. The Company also reserves the right to terminate that account completely. These actions are entirely at the discretion of the Company.
4.18 Advertising Your Business
1. Newspaper Advertisements.
Some Consultants use classified advertising in the newspapers to find prospects. The following rules apply:
- No advertisement may imply that a “job” or “position” is available.
- No specific income can be promised.
- Advertisements must contain no misleading facts or distortions of the Company Opportunity or Products.
2. Business Cards and Stationery.
Any printed materials, including business cards and stationery, must be approved by the Company in advance. Criteria for approving these materials will include a judgment regarding the quality of the materials as well as properly setting forth the independent status of the Consultant.
3. Press Inquiries.
Any inquiries by the media are to be referred immediately to the Company. This policy is to assure accuracy and consistent public image.
4. Social Networking.
If done correctly and in compliance with Company policies, social networking is invaluable in driving traffic to the official Company website and to Company authorised personal replicated websites of Consultants.
The Company encourages Consultants to join online forums, discussion groups, blogs, and other forms of Internet communication for the purpose of communicating the benefits of Company Products and Opportunity.
5. Internet Search Engine Optimization.
a. Consultants may use, reference, or incorporate the Company names, brands and trademarks in approved Internet advertising.
b. When participating in chat rooms and other social media, Consultants may use approved Company language (as represented in the brochures, promotional and training materials of the Company and on the Company website) for the purpose of discussing the Company products and opportunity.
c. Consultants may use the language of approved Company literature for Internet advertising. Companytrademarks, brands, or any variations thereof, may not be used in search engines.
d. Consultants may communicate the benefits of Company Products and Services on the Internet and on search engines in appropriate categories.
e. In no way should any independent website or link give the impression of being the official website of the Company, rather than that of an Independent Consultant. All Internet advertising must clearly reportthat the ad is placed by an “Independent Consultant” of the Company.
f. Consultants may use words from approved Company advertising as “key words” for the purpose of having communications found by search engines.
g. With the exception of the Consultant’s authorised hosted Company website, the use of the Company name within a URL address/domain name, directory, file name, e-mail address, or any derivative thereof, is not permitted (by way of example, but not limited to the varying derivatives of the name of the Company that use the Company name in the URL or domain name). Company Consultants may not use any domain name or email address that includes any reference, whether abbreviated or not, to the Company name, products or services, except in connection with the Company Consultant’s authorised replicated Company website.
h. Consultants may not publish, post, or distribute any material on their websites or in conversation or postings on the Internet, including blogs and social networking in connection with the Company that is defamatory, libellous, disparaging, threatening, offensive, harassing, abusive, obscene, pornographic, in violation of applicable law or that inhibits others from enjoying the Company’s main website or the Company Consultants’ websites.
i. Determination of whether a link is objectionable is solely at the discretion of the Company.
j. Consultants may not use tactics such as “cloaking” or other deceptive means on the Consultants’ web pages (For example: Cloaking in Google terms means designing a website so that search engines see one thing and visitors see another.)
k. Company Consultants may not sell or advertise products over the Internet through independently designed shopping carts or websites that use the names, logos, product or income testimonials, Reward Programme or Product description(s) of the Company.
6. Lawful use of the Internet.
The Company supports all laws and regulations regarding use of the Internet, the Worldwide Web, and all other communication technologies. Any person associated with the Company programme found in violation of said rules and regulations, including, but not limited to spamming (unsolicited bulk contact using the Internet), etc., is subject to immediate discipline.
7. Internet Banner Advertising, etc.
Banner advertising is bound by the same policies and procedures affecting other forms of advertising and must conform to general policies and procedures.
The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless a Director or officer of the Company who is authorised to bind the Company in contracts or agreements specifies in writing that the Company waives any of these provisions. In addition, any time the Company gives permission for a breach of the rules, that permission does not extend to future breaches. This provision deals with the concept of “waiver,” and the parties agree that the Company does not waive any of its rights under any circumstances short of the written confirmation alluded to above.
Section 5: Consultant Restrictions
The Company’s genealogies (being the information held by the Company relating to its Consultants, including without limitation its relationship with each of its Consultants, the sponsorship of each Consultant, the Consultant’s upline and downlines, and historical purchasing information for each Consultant), is confidential information which is highly sensitive and valuable to the Company’s business and, the Company’s legitimate business interests require the non-disclosure thereof to (inter alia) anyone outside the Company.
In the event that the Company shall disclose details of any of its genealogies to the Consultant during the term of this Agreement:
(a) The Consultant shall at all times and without limit in time treat such details as confidential information in the nature of a trade secret and shall not disclose such details to any other person (including any company or person in competition with the Company) and shall take all reasonable steps to protect and maintain the security of the information, and shall use the details solely for the benefit of the business of the Company and for the stated purpose for which they were provided;
(b) The Consultant shall return copies of any such information to the Company forthwith upon the termination of this Agreement for whatever reason.
The Consultant may cancel this Agreement without penalty within 14 days of entering into this Agreement by giving written notice of cancellation to the Company by email at the address set out on its UK website (or to such alternative electronic or physical address within the United Kingdom as the Company may specify) and:
The Consultant may cancel any products which the Consultant has ordered under the trading scheme within such
14 day period and may recover any monies paid in respect of such products, provided that such products have not yet been supplied to the Consultant.
In conjunction with the above, physical gold which has been purchased, either for delivery or storage, will be bought back by the Company at 100% of the spot price value on the day the gold is physically received at the Company's storage facilities: c/oLegacy Returns, 49-63 Spencer Street, Hockley, Birmingham, B18 6DE
In order to recover monies paid for goods under these terms, the Consultant must deliver the goods to the Company within 14 days of entering into this Agreement to the UK address referred to above. The Consultant shall bear the cost of such delivery. The monies paid in respect of those goods is payable to the Consultant on delivery of the goods, or forthwith if the goods have not yet been delivered to the Consultant.
The Consultant may terminate this Agreement at any time without penalty by giving 14 days written notice of termination to the Company at its address referred to in Clause 12. If the Consultant gives notice to terminate this Agreement more than 14 days after the Consultant entered into the Agreement, the Consultant may return to the Company any goods which the Consultant has purchased under the scheme within 90 days prior to such termination and which remain unsold or unused and upon such delivery the Company will pay the Consultant the price (inclusive of VAT) which the Consultant paid for the goods together with any costs incurred by the Consultant for returning the goods to the Company less, where the condition of any such goods has deteriorated due to an act or default on the part of the Consultant, an amount equal to the diminution in their value resulting from such deterioration and a reasonable handling charge (which may include the cost of repackaging returned goods for resale).
The Company may terminate this Agreement at any time by giving written notice to the Consultant. If the Company terminates this Agreement the Consultant may return to the Company at its address referred to in Clause 12 within 21 days of such termination, any goods which the Consultant has purchased under the scheme within 90 days prior to such termination and which remain unsold or unused, for a full refund of the price (inclusive of VAT) which the Consultant has paid for them together with any costs incurred by the Consultant for returning the goods to the Company.
In the event that either party terminates this Agreement (or at any time during the subsistence of this Agreement at the Consultant’s request) the Consultant may return to the Company at the address referred to earlier, any goods which the Consultant has purchased under the scheme more than 90 days but within one year prior to such termination and which remain unsold or unused, for 90% of the price (inclusive of VAT) which the Consultant has paid for them, less an amount equal to:
(i) any commissions, bonuses or other benefits (in cash or in kind) received by the Consultant in respect of those goods;
(ii) any amount due from the Consultant to the Company on any account; and
(iii) a reasonable handling charge (which may include the cost of repackaging returned goods for resale),
and provided that:
(a) such goods have not been purchased or acquired by the Consultant in breach of this Agreement;
(b) the Consultant returns such goods to the Company in an unused, commercially resaleable condition not more than 14 days after the date of termination; and
(c) the Company did not clearly inform the Consultant prior to the purchase that the goods were seasonal, discontinued or special promotion products which were not to be subject to the buy-back provisions of this clause 16.
17. On termination of this Agreement for whatever reason the Consultant shall be entitled to retain any commission paid to the Consultant in accordance with this Agreement unless the commission was paid in respect of goods returned to the Company (or goods returned to another consultant who paid the commission);
18. On termination of this Agreement for whatever reason, the Consultant waives their claim to any future commissions which may have become due through the Reward Programme.
19. If at any time any provision of this Agreement (including any provisions of the Policies and Procedures or Compensation Plan) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
(a) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or
(b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
Section 6: Promoting third-party products and services
From time to time, Legacy Gold Consultants are able to promote third-party product solutions and be remunerated under the Reward Programme.
6.1 Promotional Materials
Due to the delicate nature of some of these products and a requirement to adhere to applicable legislation surrounding those products, in order to indemnify and protect our relationship with our suppliers and partners, the Company insists that when promoting third-party products and solutions, Consultants and Affiliates may only use marketing materialswhich have been approved by or produced by the Company.
Failure to comply with these requirements may result in the termination of a Consultancy and forfeiture of future or pending commission payments.
6.2 Payment of third-party commissions
In most cases, the Company is paid a commission directly from the third-party supplier and then redistributes the commission in accordance with the Reward Programme.
Such commissions only become payable to the qualifying Consultant once payment has been received from the third-party supplier or partner. In most cases this will be in the month following the initial order, but in some cases there may be a delay due to the manner in which the product solution is implemented eg the lengthy legal procedure in arranging a mortgage securitization claim.
6.3 Acting as an Advertising Site Provider of mortgage securitization claims.
All Legacy Gold Consultants automatically become approved as Advertising Site providers, able to promote the mortgage securitization process via their Legacy Gold templated website, subject only to their acceptance of the Memorandum of Understanding shown below.
MEMORANDUM MSC FEE SHARE
THIS Memorandum of Understanding is made on the date on the date of the Consultant’s registration and purchase of their E-Welcome Pack.
- Legacy Gold Limited (Advertising Media Partner] c/o 6 St Johns Court, Vicars Lane, Chester, CH1 1QE
- The aforementioned Consultant (Advertising Site Partner) whose details are as per the KYC / Legacy Gold Consultant Application).
1 AMP is a person/firm which provides information in respect of mortgage securitisation claims to the general public under an approved status by MSC Media & Marketing Ltd., promoting and advertising Mortgage Securitisation Claims (MSC’s) exclusively for Mortgage Securitisation Claims Ltd. (‘MSCL’).
2 ASP is a person/firm willing to host or provide an additional platform for the information supplied by the AMP in order that new MSC applicants may be able to avail themselves of the services to which the advertising media refers regarding potential MSC’s.
WHEREBY IT IS AGREED as follows:
1.1 Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
1.2 Reference to any statutory provisions in this Agreement shall include any statutory provisions, which amends or replaces it.
2. Terms of Agreement
2.1 AMP is authorised to promote and advertise MSC’s to the general public via any means which are lawful and remain within the strict regulatory requirements for regulated claim management activities which are exempt from FCA authority under the current SRA status of MSCL.
2.2 AMP hereby agrees to provide a successful MSC fee to the ASP upon each MSC being validated and accepted by a panel law firm recommended by MSCL as agreed by the parties hereto. This will be for the purpose of the AMP paying the agreed successful MSC fee to the ASP for each MSC.
2.3 At the allocation point of the MSC to a panel law firm who has agreed to represent the MSC the AMP will receive an agreed advertising fee, from which a standard deduction is set off for external fess/costs leaving a balance from which the AMP will make a payment to the ASP and their upline, in accordance with the Legacy Gold Reward Programme, against an invoice for such payment, the ASP being the person/firm who was responsible for enabling the MSC applicant to submit their details to MSCL via their online LARS portal using the ASP’s own waiver code.
2.4 AMP will in addition pay ASP and their upline a sum equal to 2% of the gross CFA fees received by the panel law firm plus VAT, in accordance with the Legacy Gold Reward Programme, in respect of the Part 35 report for each MSC where a successful outcome is achieved and where the panel law firm is in receipt of the agreed CFA fees.
For the avoidance of doubt, 30% of the gross CFA fees are agreed to be paid to MSCL by the panel law firm, from which MSCL has agreed to pay each AMP who originated the MSC a sum equal to 5% of the gross CFA fees, with a fixed 1% being set off for external fees/costs by the AMP leaving a balance of 4% which is equally divided with an ASP if the MSC was sourced by the ASP and is registered as such by the MSC applicant using the ASP’s waiver code.
All MSC success fees and subsequent CFA share payments will be + VAT if applicable against an invoice from each party one to the other for such payment(s).
2.5 This agreement shall remain in force from the date of signature by the parties (acceptance of the applicant as an Independent Consultant for Legacy Gold and, thereafter unless or until terminated by either party giving the other not less than 1 month prior notice in writing, such notice to expire at the end of said period of the Agreement or any time thereafter.
2.6 In the event of termination of funding all monies owing to ASP by AMP at the point of termination will remain owing to ASP.
2.7 Nothing in this Agreement or otherwise is to be interpreted so as to constitute a joint venture or partnership between the parties.
2.8 This Agreement or any rights, duties and obligations hereunder shall not be assigned or transferred by either party without the prior consent in writing of the other party.
2.9 The terms of this Agreement shall be kept confidential unless specified otherwise by either Party.
2.10 The Memorandum of Understanding will be governed by and construed in accordance with English law.
This Memorandum of Understanding becomes active and enforceable from the day that the Consultant Application is accepted by Legacy Gold Ltd and the E-Welcome Pack has been paid in full and continues to be applicable as long as the Consultant is active ie. has purchased a Platform Licence covering the month in which the MSC was originated.
© Legacy Gold Ltd. 2020
Registered in England and Wales 09440298.