Policies and Procedures

Policies and Procedures

Notice: Please be aware that due to high incidences of online fraud, people in the following countries may be asked to send in notarized, original copies of their documents: Malaysia, Thailand, Singapore, Indonesia, Russia, Nigeria, India, Pakistan and the Philippines.

Furthermore, we are unable to offer services to the following countries:
* Afghanistan
* Belarus
* Burma
* Chad
* China
* Côte d'Ivoire
* Cuba
* Democratic Republic of the Congo
* Equatorial Guinea
* Iran
* Iraq
* Lebanon
* Liberia
* Montana, USA
* North Korea
* Rwanda
* Sudan
* Syria
* Zimbabwe

SECTION ONE: INDEPENDENT AFFILIATE STATUS

1.01 BECOMING AN INDEPENDENT AFFILIATE

An applicant becomes an Independent Affiliate ("Independent Sales Representative") of Trade Secrets Academy when the applicant's completed Application and Agreement has been received and accepted by the Trade Secrets Academy, by Internet or by mail, at its Home Office. Trade Secrets Academy reserves the right to decline any Agreement for any reason, at its sole discretion.

Independent Affiliate uses his/her best effort to promote and sell products and services of Trade Secrets Academy to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, Independent Affiliate will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Trade Secrets Academy or other Trade Secrets Academy Independent Affiliates.

1.02 MEMBERSHIP FEES, CHARGES AND/OR PURCHASES

An initial fee, charge and/or purchase may required to become an Independent Affiliate. As an Independent Affiliate, you agree to pay and authorize automatic, recurring, billing of the membership fee by any available payment methods, until cancelled. Any automatic, recurring, billing of the membership fee is not refundable and will not be prorated. You authorize Trade Secrets Academy to initiate debit entries from the account provided and for the membership fee, as well as any other purchases made on the Site.

1.03 INDEPENDENT AFFILIATES OBLIGATIONS & RIGHTS

Independent Affiliates are authorized to sell Trade Secrets Academy products and services and to participate in the Independent Affiliate Compensation Plan. Independent Affiliates may sponsor new Independent Affiliates.

1.04 LEGAL AGE

Independent Affiliates must be of legal age in the state / province / country of their residence.

1.05 DIVORCE

When a couple sharing Independent Affiliate entity divorces or separates, Trade Secrets Academy will continue to pay commission checks in the same manner as before the di­vorce or separation until it receives written notice signed by both parties or a court decree which specifies how future commission checks should be paid, provided and if applicable, the couple has complied with the require­ments of Section 5.03.

1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS

Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become Independent Affiliates of Trade Secrets Academy when the Agreement is accompanied by a federal ID number.

Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Independent Affiliate entity must agree to hold such title, and Trade Secrets Academy will hold each personally liable and bound by the Agreement and these Policies and Procedures and Terms and Conditions.

1.06 FICTITIOUS OR ASSUMED NAMES

A person or entity may not apply as Independent Affiliate using a fictitious or assumed name.

1.08 INDEPENDENT AFFILIATE STATUS

Independent Affiliates are Independent Contractors responsible for determining their own activities without direction or control by Trade Secrets Academy. They are not franchisees, joint venture, partners, employees or agents of Trade Secrets Academy and are prohibited from stating or implying, whether orally or in writing, otherwise. Independent Affiliates have no authority to bind Trade Secrets Academy to any obligation. Trade Secrets Academy is not responsible for pay­ment or co-payment of any employee benefits. Independent Affiliates are responsible for liability, health disability and worker's compensation insurance. Independent Affiliates set their own hours and determine how to conduct business, subject to Trade Secrets Academy Agreement, the Policies and Procedures and Terms and Conditions.

1.09 TAXATION

As Independent Contractors, Independent Affiliates will not be treated as franchi­sees, owners, employees or agents of Trade Secrets Academy for federal or state tax purposes including, with respect to the Internal Revenue Code, Social Security Act, federal unemployment act, state unemployment acts or any other federal, state, or local statute, ordinance, rule or regulation. At the end of each calen­dar year, Trade Secrets Academy will issue to each Independent Affiliate an IRS Form 1099, as required by law, or other applicable documentation for non-employee compensation as an Independent Affiliate.

1.10 INDEPENDENT SALES REPRESENTATIVE IDENTIFICATION NUMBER

Independent Affiliates are required by federal law to obtain a Social Security num­ber or Federal ID number. Independent Affiliates will be identified by this number, or a Trade Secrets Academy assigned number, for purposes of Trade Secrets Academy's business. The Independent Affiliate Identification Number must be placed on all orders and correspondence with the Trade Secrets Academy.

1.11 LEGAL COMPLIANCE

Independent Affiliates must comply with all federal, state and local statutes, regula­tions and ordinances concerning the operation of their business. Independent Affiliates are responsible for their own managerial decisions and expenditures in­cluding all estimated income and self-employment taxes.

1.12 NO EXCLUSIVE TERRITORIES

No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on spon­soring or selling within the United States; provided, however, that Trade Secrets Academy re­serves the right not to sell product or services or contract with Independent Affiliates in specified states / provinces within United States.

SECTION TWO: TERM & RENEWAL

2.01 TERM

Subject to the terms of Section 4.01, the Agreement shall have a term which shall begin on the date of acceptance by Trade Secrets Academy and end one year from the date thereof (the "Anniversary Date").

2.02 RENEWAL

Independent Affiliates must renew annually, on the Anniversary Date and Independent Affiliate has the right to decline to accept any renewal at its sole discretion. Trade Secrets Academy may require that Independent Affiliates execute a new Agreement upon renewal. Independent Affiliates not renewing by the renewal date shall be deemed to have voluntarily terminated their Independent Affiliate rela­tionship with Trade Secrets Academy, and thereby lose their Independent Affiliate entity, all sponsorship rights, their position in the Compensation Plan and all rights to com­missions and bonuses. Independent Affiliates who fail to renew their Independent Affiliate sta­tus may not reapply under a new sponsor for three (3) months after non-renewal.

SECTION THREE: SPONSORSHIP

3.01 SPONSORING

Independent Affiliates may sponsor other Independent Affiliates into Trade Secrets Academy's business. Independent Affiliates must ensure that each potential new Independent Affiliate has reviewed and has had access to the current Policies and Procedures, Terms and Conditions and Com­pensation Plan prior to or when giving the individual an Agreement.

3.02 MULTIPLE AGREEMENTS

If an applicant submits multiple Independent Affiliates which list different spon­sors, only the first completed Agreement received by Trade Secrets Academy will be ac­cepted.

3.03 TRAINING REQUIREMENT

A Sponsor must maintain an ongoing professional leadership association with Independent Affiliates in his or her organization and must fulfill the obligation of performing a bona fide supervisory or sales function in the sale or delivery of products and services.

3.04 INCOME CLAIMS

Independent Affiliates must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective Independent Affiliates, nor may Independent Affiliates use their own incomes as indications of the success assured to others. Commission checks may not be used as mar­keting materials. Independent Affiliates may not guarantee commissions or estimate expenses to prospects.

3.05 TRANSFER OF SPONSORSHIP

The Trade Secrets Academy does not permit the transfer of sponsors. Network Marketing is a business of creating relationships. Once an Independent Affiliate is sponsored, the Trade Secrets Academy believes in maximum protection of that relationship. The only exception is upon prior written ap­proval of Trade Secrets Academy to correct ethical violations as determined at the sole discre­tion of Trade Secrets Academy.

3.06 CROSS SPONSORING

Independent Affiliate may not sponsor, or attempt to sponsor, any non personally sponsored Independent Affiliates in any other Network Marketing Trade Secrets Academy or Trading education Trade Secrets Academy. In addition, no Independent Affiliate may participate in any action that causes another Independent Affiliate to be sponsored through someone else into another network marketing Trade Secrets Academy.

3.07 CROSS RECRUITING WITHIN TRADE SECRETS ACADEMY

An Independent Affiliate may not recruit, or attempt to sponsor, any non-personally sponsored Independent Affiliate/Customer, that are active or inactive, in Trade Secrets Academy, for less than six (6) months. Cross Recruiting another Independent Affiliate/Customer, will have a mandatory suspension of thirty (30) days, and commissions and/or bonuses will be forfeited. The suspension will precede an investigation, which may result in termination of the Independent Affiliate. Trade Secrets Academy (TSA) has a Zero Tolerance Policy, both for Cross Recruiting and Cross Sponsoring.

SECTION FOUR: RESIGNATION/TERMINATION

4.01 VOLUNTARY RESIGNATION

1. a) Independent Affiliate may voluntarily terminate his or her Independent Affiliate status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Trade Secrets Academy. Voluntary resignation is effective upon receipt of such notice by Trade Secrets Academy.
2. b) Independent Affiliate who resigns or terminates their Independent Affiliate status may reapply as Independent Affiliate, three (3) months after resignation.

4.02 SUSPENSION

Independent Sales Representative may be suspended for violating the terms of his or her Agree­ment, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by Trade Secrets Academy. When a decision is made to sus­pend Independent Sales Representative, Trade Secrets Academy will inform the Independent Sales Representative in writing that the sus­pension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspen­sion (if any). The suspension notice will be sent to the Independent Sales Representatives "address on file" pursuant to the notice provisions contained in the Policies and Procedures and Terms and Conditions. Such suspension may or may not lead to termination of the Independent Sales Representative as so determined by Trade Secrets Academy at its sole discretion. If the Independent Sales Representative wishes to appeal, Trade Secrets Academy must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Trade Secrets Academy will re­view and consider the suspension and notify the Independent Sales Representative in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Trade Secrets Academy will be final and subject to no further review. Trade Secrets Academy may take certain action during the suspension period, including, but not limited to, the following:

1. a) Prohibiting the Independent Sales Representative from holding himself or herself as Independent Sales Representative or using any of Trade Secrets Academy's proprietary marks and/or materials;
2. b) Withholding commissions and bonuses that are due the Independent Sales Representative during the suspension period;
3. c) Prohibiting the Independent Sales Representative from purchasing services and products from Trade Secrets Academy; and/or;
4. d) Prohibiting the Independent Sales Representative from sponsoring new Independent Sales Representatives, con­tacting current Independent Sales Representatives or attending meetings of Independent Sales Representatives.

If Trade Secrets Academy, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Independent Sales Representative has occurred, the suspended Independent Sales Representative may be terminated.

4.03 TERMINATION

Independent Sales Representative may be immediately terminated for violating the terms of his or her Agreement, which includes these Poli­cies and Procedures, Terms and Conditions and the Compensation Plan and other documents produced by Trade Secrets Academy upon written notice. Trade Secrets Academy may terminate a violating Independent Sales Representative with­out placing the Independent Sales Representative on suspension, at Trade Secrets Academy's sole discretion. When the decision is made to terminate Independent Sales Representative, Trade Secrets Academy will inform the Independent Sales Representative in writing at the address in the Independent Sales Representative's file that the termination has occurred.

4.04 APPEAL

If Independent Sales Representative wishes to appeal the termination, Trade Secrets Academy must receive the appeal in writing within fifteen (15) days from the date of notice of termina­tion. If no appeal is received within the fifteen (15) day period, the termina­tion will automatically be deemed final. If Independent Sales Representative files a timely notice of appeal, Trade Secrets Academy will review the appeal and notify the Independent Sales Representative of its deci­sion within ten (10) days after receipt of the appeal. The decision of Trade Secrets Academy will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.

4.05 EFFECT OF TERMINATION

Immediately upon termination, the terminated Independent Sales Representative:

1. a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Trade Secrets Academy.
2. b) Must cease representing themselves as Independent Sales Representative of Trade Secrets Academy;
3. c) Loses all rights to his or her Independent Sales Representative position in the Com­pensation Plan and to all future commissions and earnings resulting there­from;
4. d) Must take all action reasonably required by Trade Secrets Academy relating to protection of Trade Secrets Academy's confidential information. Trade Secrets Academy has the right to offset any amounts owed by Independent Sales Representative to Trade Secrets Academy including, without limitation, any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the Independent Sales Representative.

4.06 REAPPLICATION

The acceptance of any reapplication of a terminated Independent Sales Representative or the application of any family member of a terminated Independent Sales Representative shall be at the sole discretion of Trade Secrets Academy and can be denied.

4.07 STATE LAWS

Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.

SECTION FIVE: TRANSFERABILITY

5.01 ACQUISITION OF BUSINESS

Any Independent Sales Representative desiring to acquire an interest in another Independent Sales Representative's business must first terminate his or her Independent Sales Representative status and wait three (3) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by Trade Secrets Academy in advance.

5.02 TRANSFERS OF INDEPENDENT SALES REPRESENTATIVES

Except as expressly set forth herein, Independent Sales Representative may not sell, assign or otherwise transfer his or her Independent Sales Representative entity (or rights thereof) to another Independent Sales Representative or to an individual which has an interest in Independent Sales Representative entity. Notwithstanding the foregoing, Independent Sales Representative may transfer his or her Independent Sales Representative entity to his or her sponsor, subject to the conditions of Section 5.03 and 5.07. In such an event, the sponsor's entity and the transferring Independent Sales Representatives entity shall be merged into one entity.

5.03 CONDITIONS TO TRANSFERABILITY

Independent Sales Representatives may not sell, assign, merge or transfer his or her Independent Sales Representative entity (or rights thereto) without the prior written approval of Trade Secrets Academy and com­pliance with the following conditions:

1. a) Trade Secrets Academy possesses the right of first refusal with respect to any sale, assign­ment, transfer or merger of any Independent Sales Representative entity. Independent Sales Representative wishing to sell, assign, transfer or merge his or her Independent Sales Representative entity must first provide Trade Secrets Academy with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Trade Secrets Academy will advise the Independent Sales Representative within ten (10) business days after re­ceipt of such notice of its decision to accept or reject the offer. If Trade Secrets Academy fails to respond within the ten (10) day period or declines such offer, the Independent Sales Representative may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to Trade Secrets Academy to any person or entity who is not Independent Sales Representative, married to, or a dependent of Independent Sales Representative or who has any interest in Independent Sales Representative;
2. b) The selling Independent Sales Representative must provide Trade Secrets Academy with a copy of all documents which detail the transfer, including, without limitation, the name of the pur­chaser, the purchase price and terms of purchase and payment;
3. c) An office administration transfer fee of $100.00 must acTrade Secrets Academy the transfer documents;
4. d) The documents must contain a covenant made by the selling Independent Sales Representative for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Independent Sales Representative for a pe­riod of one (1) year from the date of the sale or transfer;
5. e) Upon a sale, transfer or assignment being approved in writing by Trade Secrets Academy, the buying Independent Sales Representative must assume the position and terms of agreement of the selling Independent Sales Representative and must execute a current Agreement and all such other documents as required by Trade Secrets Academy; and
6. f) Trade Secrets Academy reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Trade Secrets Academy re­serves the right to disapprove any sale or transfer, where allowed by law.

5.04 CIRCUMVENTION OF POLICIES

If it is determined, at Trade Secrets Academy's sole discretion, that Independent Sales Representative entity was transferred in an effort to circumvent compliance with the Agreement, the Policies and Procedures, Terms and Conditions or the Compensation Plan, the transfer will be de­clared null and void. The Independent Sales Representative entity will revert back to the transfer­ring Independent Sales Representative, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Trade Secrets Academy's sole discretion, ap­propriate action, including, without limitation, termination, may be taken against the transferring Independent Sales Representative to ensure compliance with the Policies and Procedures and Terms and Conditions.

5.05 SUCCESSION

Notwithstanding any other provision of this Section, upon the death of Independent Affiliate, the Independent Affiliate-ship will pass to his or her successors in interest as provided by law. However, Trade Secrets Academy will not recognize such a trans­fer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, will, trust or other instru­ment required by Trade Secrets Academy. The successor will thereafter be entitled to all the rights and be subject to all the obligations of a Trade Secrets Academy Independent Affiliate.

5.06 RE-ENTRY

Any Independent Affiliate who transfers his or her Independent Affiliate Center must wait for three (3) months after the effective date of such transfer before becoming eligible to reapply to become an Independent Affiliate.

5.07 TRANSFERABILITY OF SPONSORSHIP WHEN AN AFFILIATE IS CANCELLED OR INACTIVE AND HAS PERSONAL AFFILIATES LEFT WITHOUT A SPONSOR.

When an Independent Business Owner (IBO) cancels his/her subscription with CTA, and/or becomes inactive as per CTA Policies and Procedures, the IBO has three (3) months to renew his/her subscription with CTA and maintain his/her position within the Matrix. The IBO may be experiencing financial, personal, and/or any other difficulties, which cause the cancellation, for a period of time, of his/her subscription with CTA. The three (3) months period will provide the sponsor, of the cancelled and/or inactive IBO, time to work with him/her directly to renew its subscription with CTA and reactivate. If after the three (3) month period, the cancelled and/or inactive IBO does not renew his/her subscription, their position in the Matrix is forfeited, and any personal IBO will be rolled up to the next active upline IBO, who will become the new sponsor, and would therefore qualify for 100% Check Match Bonus and Infinity Bonus, as outlined in the Compensation Plan.

SECTION SIX: PROPRIETARY INFORMATION

6.01 CONFIDENTIALITY AGREEMENT

During the term of the Agreement, Trade Secrets Academy may supply to Independent Affiliates con­fidential information, including, but not limited to genealogical and Downline reports, customer lists, customer information developed by Trade Secrets Academy or devel­oped for and on behalf of Trade Secrets Academy by Independent Affiliates (including, but not limited to, credit data, customer and Independent Affiliate profiles and product purchase infor­mation), Independent Affiliate lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Trade Secrets Academy may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Trade Secrets Academy and is transmitted to Independent Affiliates in strictest confidence on a "need to know" basis for use solely in Independent Affiliates business with Trade Secrets Academy. Independent Affiliates must use their best efforts to keep such information confidential and must not dis­close any such information to any third party, or use this information for any non-Trade Secrets Academy activity directly or indirectly while an Independent Affiliate and thereafter.

Independent Affiliates must not use the information to compete with Trade Secrets Academy or for any purpose other than promoting Trade Secrets Academy's program and its products and services. Upon expiration, non-renewal or termination of the Agreement, Independent Affiliates must discontinue the use of such confidential information and promptly return any confidential information in their possession to Trade Secrets Academy.

6.02 COPYRIGHT RESTRICTIONS

With respect to product purchases from Trade Secrets Academy, Independent Affiliates must abide by all manufacturers' use restrictions and copyright protections.

6.03 VENDOR CONFIDENTIALITY

Trade Secrets Academy's business relationships with its vendors, manufacturers and suppli­ers are confidential. Independent Affiliates must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of Trade Secrets Academy except at Trade Secrets Academy sponsored events at which the supplier or manufacturer is present at the request of Trade Secrets Academy.

SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING

7.01 TRADEMARKS

Companies name trademarks, service marks and copyrighted materials are owned by the Trade Secrets Academy. The use of such marks and materials must be in strict compli­ance with these Policies and Procedures.

7.02 ADVERTISING & PROMOTIONAL MATERIALS

Only the promotional and advertising materials produced by Trade Secrets Academy or ap­proved in advance in writing by Trade Secrets Academy may be used to advertise or promote an Independent Affiliate's business or to sell products and services of Trade Secrets Academy. Trade Secrets Academy's litera­ture and materials may not be duplicated or reprinted without the prior written permission.

7.03 USE OF TRADE SECRETS ACADEMY NAME

Independent Affiliates may use the name of Trade Secrets Academy only in the following format: "Independent Affiliate for Trade Secrets Academy".

7.04 STATIONERY AND BUSINESS CARDS

Independent Affiliates are not permitted to "create" their own stationery, business cards or letterhead graphics, if Trade Secrets Academy's trade name or trademarks are used. Only the approved Trade Secrets Academy's graphics version and wording are permitted; letterhead, envelopes and business cards must be ordered using the online/stationery order form.

7.05 ELECTRONIC ADVERTISING

Independent Affiliates may not advertise or promote their Independent Affiliate business or Trade Secrets Academy's business, products or marketing plan or use Trade Secrets Academy's name in any elec­tronic media or transmission, including on the Internet via web sites or oth­erwise, without the prior written approval of Trade Secrets Academy's legal department.

7.06 TELEPHONE LISTING

Independent Affiliates are not permitted to use Trade Secrets Academy's trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. Independent Affiliates are not permitted to list their telephone num­bers under Trade Secrets Academy's trade name without first obtaining Trade Secrets Academy's prior written ap­proval. If approval is granted for an "800" listing, it must be stated in the following manner: "Independent Affiliate for Trade Secrets Academy".

7.07 TELEPHONE ANSWERING

Independent Affiliates may not answer the telephone by saying "Trade Secrets Academy," or in any other manner that would lead the caller to believe that he or she has reached the offices of the Trade Secrets Academy.

7.08 IMPRINTED CHECKS

Independent Affiliates are not permitted to use Trade Secrets Academy trade name or any of its trade­marks or service marks on their business or personal checking accounts.

7.09 MEDIA INTERVIEWS

Independent Affiliates are prohibited from granting radio, television, newspaper tab­loid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to pub­licize the Trade Secrets Academy, its products or Trade Secrets Academy businesses, without the express prior written approval of Trade Secrets Academy. All media inquiries should be in writing and referred to Trade Secrets Academy's corporate office, legal department.

7.10 ENDORSEMENTS

No endorsements by a Trade Secrets Academy officer or administrator or third party may be asserted, except as expressly communicated in Trade Secrets Academy literature and com­munications. Federal and state regulatory agencies do not approve or en­dorse direct selling programs. Therefore, Independent Affiliates may not represent or imply, directly or indirectly, that Trade Secrets Academy's programs, products or services have been approved or endorsed by any governmental agency.

7.11 RECORDINGS

Independent Affiliates may not produce or reproduce for sale or personal use prod­ucts sold by Trade Secrets Academy or any Trade Secrets Academy-produced literature, audio or video material, pre­sentations, events or speeches, including conference calls. Video and/or au­dio taping of Trade Secrets Academy meetings and conferences is strictly prohibited.

7.12 REPACKAGING PROHIBITED

Independent Affiliates may not repackage products or materials of Trade Secrets Academy.

7.13 INDEPENDENT COMMUNICATIONS

Independent Affiliates, as Independent Contractors, are encouraged to distribute information and direction to their respective Downlines. However Independent Affiliates must identify and distinguish between personal communications and the official communications of Trade Secrets Academy.

SECTION EIGHT: PAYMENT OF COMMISSIONS

8.01 BASIS FOR COMMISSIONS

Commissions and other compensation cannot be paid until a completed Agreement has been received and accepted by Trade Secrets Academy. Commissions are paid ONLY on the sale of Trade Secrets Academy services and products. No commissions are paid on the purchase of Sales materials or for Sponsoring Independent Affiliates. In order to receive commissions on products and services sold, Trade Secrets Academy must have received and accepted an Agreement prior to the end of the commission period in which the sale is made.

8.02 COMMISSION PERIOD

A business period refers to the time period opening on the first (1st) day of the commission period and extending up until order entry closes on the last business day of the period (5:00 p.m.). Trade Secrets Academy offices are open Monday through Friday 9 a.m.-5 p.m., with the exception of certain holidays as posted by Trade Secrets Academy.

8.03 COMMISSION PAYMENTS

Commissions are paid to "qualified" Independent Affiliates as defined as follows: Affiliates will receive up to 20% of Gold package price, payable every two weeks. 

8.04 OFFSET OF COMMISSIONS

Any commissions or bonuses earned and paid on products returned is the obligation of and must be repaid to Trade Secrets Academy by Independent Affiliates earning such commissions. Trade Secrets Academy has the right to offset such amounts against future com­missions and other compensation paid or owed to such Independent Affiliates who received commissions.

8.05 PAYMENT OF BONUSES AND COMMISSIONS

In order for any member or independent affiliate to receive any bonuses or commissions from the Trade Secrets Academy, the member or independent affiliate must be "Active" and in "Good Standing". "Active" refers to a member or independent affiliate that is paying their monthly subscription and using the products and services of the Trade Secrets Academy on a regular basis. "Good Standing" refers to a member or independent affiliate that does not owe any monies to the Trade Secrets Academy.

8.06 INACTIVE EWALLET

If the Independent Affiliate has not logged into his/her TSA back office account within ninety (90) days, even if his/her TSA account is still open, any and all funds in his/her TSA back office account will be forfeited and returned to TSA.

SECTION NINE: PURCHASE & SALE OF SERVICES

9.01 PAYMENT OPTIONS

Payments made by credit card may be subject to up to a 24 hour hold during this period we cannot guarantee your placement in the referral network until payment is authorized. If an underpayment is made, the order will not be processed until the full amount is received by Trade Secrets Academy. If an overpayment is made, Trade Secrets Academy will process the order and issue a credit to Independent Affiliate's account, which will automatically refund on the next commission check paid to Independent Affiliate. Orders will not be processed if cancellation of a credit card is made. Orders for services are not effective until accepted by Trade Secrets Academy.

9.02 PROMOTIONAL ITEMS

All promotional items which bear Trade Secrets Academy name or logo must be purchased solely from Trade Secrets Academy unless prior written permission is obtained from Trade Secrets Academy.

9.03 SERVICES CLAIMS

Independent Affiliates may make no claim, representation or warranty concerning any service of Trade Secrets Academy, except those expressly approved in writing by Trade Secrets Academy or contained in official Trade Secrets Academy materials.

9.04 FAX BLASTS, SPAMMING,

Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.

SECTION TEN: GUARANTEE & REFUND POLICY

10.01 MONEY BACK GUARANTEE

The Trade Secrets Academy offers three (3) days Money Back Guarantee for all subscription payments made to TSA. This includes the date the subscription is due, includes weekends, and only applies to monthly subscription ("Autoship") payments. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within seven (3) days of the subscriber's monthly subscription, for a full refund of the subscription price. All other warranties and guarantees are disclaimed. After seven (3) days, your purchase will no longer be refundable.

10.02 WARRANTIES

Except as expressly stated herein, Trade Secrets Academy makes no warranty or representa­tion as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Trade Secrets Academy.

10.03 BUYER'S RIGHT TO CANCEL

Federal law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25.00 or more that occur away from the seller's main office. Independent Affiliates must orally inform the buyer of the three-day right to cancel at the time the buyer purchases the goods and deliver 2 three-day cancellation notices to every customer.

SECTION ELEVEN: GENERAL PROVISIONS

11.01 INDEMNITY AGREEMENT

Each and every Independent Affiliate agrees to indemnify and hold harmless Trade Secrets Academy, its shareholders, officers, directors, employees, agents and successors in in­terest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Affiliates (a) activities as Independent Affiliate; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.

11.02 PROCESSING CHARGES

Trade Secrets Academy reserves the right to institute a processing charge for commission checks and/or genealogy requests.

11.03 OTHER SERVICES

Independent Affiliates may not promote or sell another Trade Secrets Academy's services at functions organized to feature Trade Secrets Academy and it's products/services. Independent Affiliates are not restricted from selling the services and products of other companies, however promotion of any other companies' services, products and/or business programs to Trade Secrets Academy Independent Affiliates or Customers is strictly prohibited.

11.04 LIABILITY

To the extent permitted by law, Trade Secrets Academy shall not be liable for, and each Independent Affiliate releases Trade Secrets Academy from, and waives all claims for any loss of profits, indi­rect, direct, special or consequential damages or any other loss incurred or suffered by Independent Affiliate as a result of (a) the breach by Independent Affiliate of the Agreement and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of Independent Affiliate's business; (c) any incorrect or wrong data or information provided by Independent Affiliate; or (d) the failure to provide any information or data necessary for Trade Secrets Academy to operate its business, including, with­out limitation, the enrollment and acceptance of Independent Affiliate into the Com­pensation Plan or the payment of commissions and bonuses.

11.05 RECORDKEEPING

Trade Secrets Academy encourages all Independent Affiliate to keep complete and accurate records of all their business dealings.

11.06 FORCE MAJEURE

Trade Secrets Academy shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party's usual source of supply.

11.07 VIOLATIONS

It is the obligation of every Independent Affiliate to abide by and maintain the in­tegrity of the Policies and Procedures and Terms and Conditions. If Independent Affiliate observes another Independent Affiliate committing a violation, he or she should discuss the violation di­rectly with the violating Independent Affiliate. If the Independent Affiliate wishes to report such violation to Trade Secrets Academy, he or she must detail violations in writing only and mark the correspondence "Attention: Legal Department".

11.08 AMENDMENTS

Trade Secrets Academy reserves the right to amend the Agreement, Policies and Procedures, Terms and Conditions, its retail prices, product and service availability and the Compensa­tion Plan type at any time without prior notice as it deems appropriate. By entering into the Independent Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that Trade Secrets Academy elects to make. Amend­ments will be communicated to Independent Affiliate through official Trade Secrets Academy notifications such as, but not limited to, posting on Trade Secrets Academy website, posting in Independent Affiliate back office, e-mail, special mailings or publications. Amendments are effective and binding upon submission to the Trade Secrets Academy website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control. The continuation of an Independent Affiliate business, the acceptance of any benefits under the Agreement, or acceptance of commissions from the sale of products or services constitutes acceptance of all amendments.

11.09 NON-WAIVER PROVISION

No obliga­tion or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Trade Secrets Academy's right to demand exact compliance with these Policies and Procedures. Trade Secrets Academy's waiver of any particular default by Independent Affiliate shall not affect or impair Trade Secrets Academy's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Affiliate. No delay or omis­sions by Trade Secrets Academy to exercise any right arising from a default effect or impair Trade Secrets Academy's rights as to that or any subsequent or future default. Waiver by Trade Secrets Academy can be affected only in writing by an authorized officer of Trade Secrets Academy.

11.10 GOVERNING LAW

The Agreement and these Policies and Procedures shall be governed by the laws of Houston TX United States.

11.11 DISPUTES

In the event a dispute arises between the Trade Secrets Academy and a Independent Affiliate regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the Independent Affiliate Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Houston TX United States.. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney's fees and costs to the prevailing party. An award of attorney's fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.

11.12 ENTIRE AGREEMENT

The Policies and Procedures are incorporated into the Agreement and, along with the Terms and Conditions and Compensation Plan, constitute the entire agreement of the parties regarding their business relationship.

11.13 SEVERABILITY

If under any applicable and binding law or rule of any applicable jurisdic­tion, any provision of the Agreement, including these Policies and Proce­dures and Terms and Conditions, or any specification, standard or operating procedure which Trade Secrets Academy has prescribed is held to be invalid or unenforceable, Trade Secrets Academy shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Independent Affiliate shall be bound by any such modifica­tion. The modification will be effective only in the jurisdiction in which it is required.

11.14 LIMITATION OF DAMAGES

TO THE EXTENT PERMITTED BY LAW, TRADE SECRETS ACADEMY AND ITS INDEPENDENT AFFILIATES, OFFIC­ERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND INDEPENDENT AFFILIATE HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPE­CIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO TRADE SECRETS ACADEMY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSI­NESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY TRADE SECRETS ACADEMY AND TRADE SECRETS ACADEMY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LI­ABILITY. TRADE SECRETS ACADEMY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD TRADE SECRETS ACADEMY SERVICES AND/OR PRODUCTS OF TRADE SECRETS ACADEMY OWNED BY THE INDEPENDENT AFFILIATE AND ANY COMMISSIONS OWED TO THE INDEPENDENT AFFILIATE.

11.15 NOTICE

Any communication, notice or demand of any kind whatsoever which either the Independent Affiliate or Trade Secrets Academy may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic commu­nication whether by telex, telegram, Email or telecopy (if confirmed in writ­ing sent by registered or certified mail, postage prepaid, return receipt re­quested). Any such communication, notice or de­mand shall be deemed to have been given or served on the date of confirmed dispatch, if by elec­tronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.

Contact:
Trade Secrets Academy
Email: [email protected]

Please note that any inquiries into Earnings/Payments, and Cancellation/Refund Requests CANNOT be handled over the phone - You will need to submit a support ticket.