MGlobally Solutions Ltd. policies and procedures are designed to inform you of your rights on becoming an MGlobally Solutions Ltd., (hereinafter referred to as MGlobally) Distributor. We believe it is important that you have easy access to our policies and procedures and have taken every effort to make sure that they are clearly stated and easily accessible. These policies and procedures help you understand the relationship that exists between a distributor and MGlobally and if you have any concern regarding the business, please refer to our policies and procedures. MGlobally may amend any part of the contract from time to time, as laws and business circumstances change; however, notice of any amendment will be published on our website.
a. Agreement means the completed online distributor application form which will be submitted to MGlobally.
b. Application form means a form or application dealing with the terms and conditions of distributorship that is required to be filled and submitted by a person desiring to become an MGlobally distributor.
c. Business kit means the literature provided with the distributor Application form.
d. MGlobally means MGlobally Solutions Ltd., having its registered office at Level 3 207 Regent Street, London W1B 3HH, United Kingdom.
e. Compensation Plan means MGlobally plan as detailed in the appendix.
f. Distributor means means a person who is introduced to MGlobally’s business and is accepted by MGlobally as a distributor in accordance with the policies and procedures; this term includes “sponsor”, except when the context requires otherwise. Distributors are business persons, operating their own businesses, and have no employment, agency or similar relationship with MGlobally.
g. Compensation summary means the summary of their transactions which will be given to every distributor (by mail /quarterly/weekly).
h. Identification Number means a unique number given to every distributor by MGlobally when t the distributor application form is accepted by MGlobally.
i. Registered office (the MGlobally registered address)
j. Annual renewal date means a date on where distributor was accepted as distributor by the MGlobally. Every year the distributor has to renew his distributorship.
k. P&P means policies and procedures of “MGlobally ”.
l.Services means services rendered by MGlobally or which are available on the MGlobally website, MGlobally has sole discretion to change the services and the packages available on the web site, and the same will be intimated to all the distributors.
m. Sponsor means a distributor who introduces to MGlobally an applicant for authorization as a distributor who in turn becomes a distributor by virtue of MGlobally’s acceptance of his distribution application.
n. Upline means distributors above his/her account in the genealogy on case to case basis.
o. Downline means distributors below his/her account in the genealogy on case to case basis.
To become a Distributor, an applicant must fill up the form available on the website, named “APPLICATION/DISTRIBUTOR FORM”, and by filling up and submitting the form through online the distributor has agreed to all the terms and conditions set forth in policies and procedures.
2.1 To become a Distributor:
a. One must have attained the legal age of adulthood in the state, territory or country of one’s domicile.
b. One must complete the application form and the application form must be received and accepted by MGlobally.
c. One must have an identity card/proof of residency, work authorisations, and the ability to legally conduct business in the country.
d. One must be of sound mind.
e. One must have a sponsoring upline.
f. One must be able to read and understand the terms and conditions.
g. One must not have been suspended from one’s current profession or business by the respective professional association, society, or institution
h.One must not be in jail and or confined to any correctional institution of any kind.
2.2 The opportunity to become a distributor is available to anyone regardless of race, sex, nationality and religious or political beliefs
MGlobally reserves the right to accept or reject any application for distributorship and MGlobally is not bound to state the reasons for rejecting the application.
An application shall be considered accepted when MGlobally enters the personal details of athe concerned distributor in its records, and communicates its acceptance to said distributor in any manner whatsoever, whether by issuance of an Identification Card or by sending an email.
The distributor shall not impose any conditions for the prospective sponsor/distributor. The only requirement for becoming a distributor is filling up the application form.
Every distributor will be issued a unique personal identification number, which will be used by the distributor for security purposes when placing services/products orders and when requesting genealogy and status information.
The contract is valid for a period of one (1) year from the date of sign up. Each year the distributorship has to be renewed. MGlobally will charge a nominal fee for renewal of their distributorship. The distributor is free to use their reward points for renewal of their distributorship.
At all times, Distributors must strictly adhere to the guidelines, policies & procedures, terms & conditions, compensation plan/reward plan mentioned in the literature of MGlobally; and any amendment thereto effected by MGlobally from time to time, will be published in the website or any other means of communication prior to their going into effect.
Once a distributor application and agreement has been accepted by MGlobally, the benefits of the compensation plan and the distributor agreement are available to the new distributor.
These benefits include the right to:
a. Sell MGlobally Products and Services
b. Participate in the compensation plan (receive bonuses and commission, if eligible)
c. Sponsor other individuals as distributors into the MGlobally business and thereby a marketing organisation and progress through the MGlobally compensation plan
d. Receive periodic literature and communications
e. Participate in MGlobally sponsored support, service, training, motivational and recognition events, upon payment of appropriate charges, if applicable. In the event a sponsor ceases to be a qualified distributor, the rights of the distributors whom he/she may have sponsored shall pass up to the next qualified distributor in his/her line of sponsorship.
6.1 Right to Sponsor
The distributor understands that he/she is not compensated for sponsoring other representatives/customers but earns (rewards/compensation) solely on the sale of products and/ or services to the end-consumers.
6.2 Fictitious /Assumed names
A person shall not apply as a distributor using fictitious name or assumed name. They Must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business.
6.3 No right to represent MGlobally.
MGlobally distributors are distributors operating their own business and are not franchisees, joint venture partners, employees/agents of MGlobally or its affiliated companies.
A distributor has a no right to negotiate or conclude any contract on behalf of MGlobally. Nor shall he/she hold himself/herself out as having such right. He/she shall not represent himself/herself as an agent, representative or employee MGlobally.
MGlobally is not liable to the distributor for the payment or copayment of any employee benefits. Distributors set their own hours and determine how to conduct their business.
A Distributor is an independent contractor and is responsible for his or her own business expenses, decisions, and actions.
A distributor has a nonexclusive right to market and promote products/services of the MGlobally. There are no geographical limitations on sponsoring or selling country; provided however, that MGlobally reserves the right not to sell services in any state, territory or country.
A distributor has no territorial limits. Distributors are free to operate anywhere within the territory.
a. No distributor may sponsor or attempt to sponsor another distributor from a different line of sponsorship to “switch” to another line of sponsorship.
b. No distributor shall engage in cross lining, in order to be eligible for the various monetary and non-monetary benefits available through the MGlobally sales and marketing plan,
c. No distributor must, directly or indirectly, induce/entice other MGlobally distributors to change their line of sponsorship.
d. Under no circumstance, direct or indirect, nor for the purpose of helping another person, shall a distributor solicit, interfere or attempt to induce another distributor to leave their line of sponsorship or change his line of sponsorship.
Subject to the provisions of this Section, a Distributor is prohibited, during the term of the Contract, from building a business, directly or indirectly, as a distributor, employee, executive, or consultant to or on behalf of a competitor of MGlobally. This section does not apply to a distributor if, prior to becoming a distributor with MGlobally or prior to the effective date of this policy, he or she had been acting as an distributor, employee, executive, or consultant to or on behalf of a competitor of MGlobally.
A distributor shall not sponsor or attempt to sponsor or knowingly assist another person to sponsor another distributor’s sales organisation.
All distributors have a responsibility to maintain the network integrity of MGlobally. Any distributor who is found attempting to “hack” into or interfere with MGlobally’s database or any part of MGlobally’s computer system (hardware and/or software) or attempting to do any aforesaid acts without proper authorisation shall be liable to be immediately terminated of their distributorship. They shall also be liable for all consequential damages and losses incurred by MGlobally.
Distributors must comply with all laws, statutes, regulations and ordinances concerning the operation of their businesses.
Distributors are personally responsible for paying income taxes on any income they generate as distributors. Unless required by laws, regulations, or rules, MGlobally shall have no obligation to provide tax information about the commissions of the distributor.
A distributor shall, at all times remain loyal to MGlobally and shall not publish any written/verbal disparaging or adverse information/statement against MGlobally. He/she shall hold MGlobally’s management in high esteem at all times, failing which, he may be terminated notwithstanding that he may be liable for libel and slander.
A distributor is fully responsible for all of his or her verbal and written statements made regarding the services/products, and the marketing and the compensation Plans which are not expressly contained in official MGlobally materials/business kits. Distributors agree to indemnify MGlobally and MGlobally’s directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, and attorney fees, court costs, incurred by MGlobally as a result of the distributor’s unauthorized representations or actions. This provision shall survive even after the termination of the Distributor Agreement.
No false promises:
No Distributor shall make any offer to sell any MGlobally services/products which is not accurate and truthful as to price, quality, performance and availability of services provided by MGlobally.
No distributor shall knowingly submit false or misleading information about MGlobally or MGlobally’s products/services.
No distributor shall not make exaggerated service/product claims or non-guarantee claims with regard to services/products distributed by MGlobally.
No distributors shall do anything detrimental to the reputation and image of MGlobally, its products, distributors, trademarks or names.
No distributor shall pass off any other services in a fraudulent manner as if the services are distributed by the MGlobally.
No distributor shall engage in any deceptive or unlawful trade practice. A deceptive or unlawful trade practice is one, which has been defined as such by any central, state, or local law or regulation.
An MGlobally distributor shall at all times conduct himself or herself in a courteous and considerate manner and shall not engage in any high-pressure selling, but shall make a fair presentation of MGlobally’s services including, with appropriate, demonstration of such services.
In their enthusiasm to enroll prospective Distributors, some Distributors are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of direct selling or network marketing. This is counterproductive because new Distributors may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. Therefore, Distributors may not misrepresent the actual or potential sales or earnings of their Distributorship. Any earnings or sales representations made by a Distributor shall be based upon documented information, in compliance with applicable government laws/ordinances and Direct Selling Association regulations.
a. Distributor should provide all distributors under him/her with unaltered/complete business kits.
b. Distributors must abide by the code of ethics and the policies and procedures in their true spirit.
c. Distributors should train and motivate all distributors to follow the MGlobally terms & conditions, policies and procedures, World Code of Ethics.
Any distributor who introduces another distributor to MGlobally is highly recommended to perform a bona fide assistance and training function to ensure that his/her downline is properly operating and conducting his/her distributorship business. It is to the advantage of the sponsor’s upline and downline to have ongoing contact and communication.
Once an applicant’s distributor agreement is accepted by MGlobally, the new distributor is placed in the sponsors downline organisation. A sponsor may place the new distributor on his/her first level or anywhere else in the sponsor’s down line organisation. A sponsor may not place a new distributor outside his/her downline organization. If this occurs MGlobally retains the right to make adjustments to the organisation to allow for correct placement and to ensure that all lines are complete.
The MGlobally services have a 7-Day Money-Back Guarantee for the distributors. The duration of the 7 days commences on the date when the distributor receives the services. The distributor may offer the customer a choice of a full refund of the purchase price or full credit in exchange of other services, in accordance with the return procedures.
MGlobally will deduct 25% of administration fees/charges or any other fees as applicable and the remaining sum will be re-credited to the distributor’s account within 15 working days from the date of acceptance of distributor’s cancellation.
MGlobally ensures that the distributor refund policy is thoroughly and properly understood and applied, and intervenes in any dispute between distributors to assure they are settled promptly and amicably.
MGlobally will honor refund policies provided by any governmental law applicable to the distributor.
MGlobally will pay the distributor commissions and bonuses on orders received and accepted for sale of services to the end-consumer, as per the terms and conditions set forth in the compensation plan.
Distributors must adhere to MGlobally’s compensation plan, terms and conditions, official literature and also comply with the terms of MGlobally as set forth in MGlobally’s official literature.
A distributor may resign their distributorship for any reason at any time, by submitting an email to email@example.com and firstname.lastname@example.org
The resignation becomes effective when received, validated, and accepted by MGlobally. MGlobally will intimate the distributor regarding the acceptance of his/her resignation. If MGlobally does not receive a hard copy of the resignation letter or the conditions are not met, then the distributor is still deemed to be a distributor.
The hard copy of the resignation letter needs to be sent to the official address at MGlobally solutions ltd, Level 3 207 Regent Street, London W1B 3HH, United Kingdom.
MGlobally reserves the right to terminate or delete a distributorship at any time with or without giving prior notice, whenever MGlobally deems that this is necessary and appropriate action needs to be taken against the said distributor.
Termination means the complete cancellation of distributorship and revocation of the distributor’s right to conduct MGlobally’s business. This includes cancellation of their right to receive any further income from the distributorship, whether accruing before or after the termination date. The termination is effective on the date indicated in the written notification from MGlobally to the distributor.
If a distributor wishes to ask MGlobally to review the decision of termination, he/she shall make such a request to MGlobally in writing within fifteen (15) days from the date of notice of termination. If no such request is received by MGlobally within the fifteen (15) day period, the termination will automatically be deemed final. If a Distributor files a timely written request, MGlobally will review the decision and notify the Distributor of the result of the review within thirty (30) days after receiving the distributor's request. Thereafter, MGlobally will not further review its decision. In the event the termination decision is not reversed, the termination will remain effective as of the date stated in the original termination notice.
During the term of the Agreement, MGlobally may supply to the distributors confidential information, including, but not limited to genealogical and downline reports, customer lists, customer information developed by MGlobally or developed for and on behalf of MGlobally by distributors (including, but not limited to, credit data, customer and distributor profiles and product purchase information), distributor lists, business reports, commission or sales reports and such other financial and business information which MGlobally may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to MGlobally and is transmitted to the distributors in the strictest confidence, on a “need to know” basis, for use solely in the distributor’s business with MGlobally. Distributors must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use such information for any non-company activity directly or indirectly, while being a distributor and thereafter. Distributors must not use the information to compete with the MGlobally or for any purpose other than promoting MGlobally's program and its products and services. Upon determination, non-renewal or termination of the agreement, distributors must discontinue the use of such confidential information and promptly return any confidential information in their possession to MGlobally.
MGlobally’s trade name, trademarks, and service marks are important and valuable business assets. They help identify the source and reputation of MGlobally’s business, products, and services.
The trademark must be protected from misuse and infringement by others, otherwise they can be lost. MGlobally makes every possible effort to protect the trademark, logo’s etc. If any person improperly uses the trademark/logo, the value and importance can be greatly diminished. MGlobally will not allow the usage of its trademark/logo, symbol etc., without prior permission. MGlobally will issue cease-and-desist orders to any person using its trade name, mark, designs, and symbols without its permission and will, if necessary, follow appropriate court action for failure to comply with cease-and-desist order.
All MGlobally printed materials are copyrighted and may not be reproduced in whole or in part by the distributor or other persons except by written permission from MGlobally.
Spamming and Unsolicited Faxes
MGlobally does not permit distributors to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations.
All Distributors and co-applicants are required to provide correct identification and tax information upon the request of MGlobally. Failure to provide this information when requested, could result in suspension or termination of the distributorship.
Each distributor is responsible for paying local, state/provincial and federal taxes on any income generated as a distributor. MGlobally will provide the commission statement to a distributor upon the submission of a written request by the said distributor.
MGlobally shall not be responsible for acts beyond its control, including but not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
MGlobally reserves the right to amend and change the P&P, its prices, the availability of its services and/or the compensation plan, at any time without prior notice, as it deems appropriate. Amendments will be communicated to the distributors through MGlobally’s official publications or MGlobally’s website, www.mglobally.com.
The agreement, the P&P and the compensation plan together constitute the entire agreement between the distributor and MGlobally.
If at any time any provision of the agreement /and p&p is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of the agreement and/ or p&p under the law of that or any other jurisdiction, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.
When a distributor has a grievance or complaint against another distributor(s) regarding any practice or conduct, in relationship to their respective MGlobally businesses, the complaining distributor(s) should first discuss the problem with the other distributor(s). If this does not resolve the problem, the complaining Distributor(s) should report the problem to his/her upline to resolve the issue at a local level. If the matter cannot be resolved within thirty (30) days from the date on which it is reported to the upline, it must be reported in writing to the MGlobally Compliance Department. The Compliance Department will review the complaint and make a final decision. The complaint should identify specific instances of alleged improper conduct and, to the maximum extent possible, identify the relevant dates on which the event(s) complained of took place, the location(s) where they occurred, and all persons who have firsthand knowledge of the improper conduct.
Upon receipt of a written complaint, the MGlobally Compliance Department will investigate the matter, review the applicable policies, and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions, consistent with the provisions and subject to applicable law. The MGlobally Compliance Department’s decision shall be final and binding on the distributors involved in the dispute.
Violation of any of the terms and conditions of the Distributor Agreement or these Policies and Procedures, or any illegal, fraudulent, deceptive, or unethical business conduct by a distributor(s), may result, at MGlobally ‘s discretion, in one or more of the following sanctions:
a. A written warning, clarifying the meaning and application of a specific policy or procedure, and advising that a continued breach will result in further sanctions;
b. Probation, which may include requiring a Distributor(s) to take remedial action and a follow-up monitoring by MGlobally to ensure compliance with the Agreement;
c. Withdrawal or denial of an award or recognition, or restricting participation in MGlobally sponsored events for a specified period of time or until the distributor(s) satisfies certain specified conditions;
d. Suspension of certain privileges of distributorship;
e. Withholding commissions or payouts for a specified period of time or until the distributor(s) satisfies certain specified conditions;
f. Imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by MGlobally, as permitted by law; and/or
g. Terminating the distributorship by terminating the Distributor Agreement.