DISTRIBUTORSHIP AGREEMENT
As a new Distributor of 1UP TIME, I understand and agree to the following terms and conditions:
1. I am of legal age upon entering into this Distributorship Agreement, otherwise, I will submit a parental/guardian’s consent together with this Agreement;
2. I fully understand that this Distributorship Agreement is personal in nature and is not transferrable or assignable;
3. I attest that I personally participated and was personally presented with the Company’s Business Orientation prior to selling the Company products;
4. As a Distributor, I can now engage in the direct selling and distribution of the Company’s products. Further, I understand that there is no required minimum product purchase that I need to make and no required minimum inventory that I need to maintain in order to sustain my status as a Distributor;
5. I shall be eligible to avail discounts, earn sales bonuses and other incentives and rewards that may be granted by the Company relative to my sales performance and successful delivery of products. I further understand that sales bonuses, rebates and/or commissions are in accordance with the compensation plan established in the Company’s Marketing Plan, provided that I have achieved such sales performance in good faith and that I have not violated any of the provisions of the Distributorship Agreement, Code of Conduct and Ethical Standards and Company Policies;
6. This Distributorship Agreement does not create an employer-employee relationship between me and the Company; neither may I claim to be a legal representative of the Company, nor bind the Company in any agreement other than those stipulated herein;
7. As a Distributor, I am bound to comply with the Company’s rules and regulations and faithfully uphold its Code of Conduct and Ethical Standards. Should I commit any form of violation and be subjected to the necessary sanctions and penalties, I voluntarily release the Company from any liabilities these sanctions and penalties may cause;
8. I am aware that making any misrepresentations, revisions, modifications, or alterations of the Company’s trademark, brand, logos, marks, marketing plan, products, advertisement, marketing materials, and other Company provided marketing tools, are strictly prohibited;
9. I shall not circumvent policies that safeguard the integrity of the Company's programs by using fictitious names, multiple names/account and encoding of disqualified persons such as individuals without their express consent or minors without their parental/guardian's consent;
10. I shall diligently settle with the appropriate government agencies/local government units all taxes due from the taxable sales bonuses/commissions I have earned from the Company;
11. I shall be an advocate of fair business practice and an active partner of the government in promoting consumer rights and welfare. In particular, I shall abide with Sec. 6.2 of DTI Administrative Order No. 21-9 or the Guidelines on the Grant of DTI Seal of Legitimacy for Legitimate Direct Selling and Multi-Level Marketing and shall not: a) require a person invited to join the company to pay a registration, entry or similar fees as a precondition for membership, and b) maintain multiple accounts with the company. I understand that if proven to have committed any of these offenses, I shall be penalized with the revocation of distributor privileges; forfeiture of income, bonus and other renumerations; and inclusion in the list of Blacklisted Distributors, without prejudice to any charges, whether criminal and/or civil, that may be filed against me.
12. I shall submit a completely filled out and signed Distributor’s Application Form together with a valid government issued ID upon purchase of a product package and my failure to submit these requirements will result in the suspension of my privileges until these requirements are submitted.
I hereby certify that the above information are true and correct to the best of my knowledge and that I fully understand and confirm that the authority I am conferring to the Company is from my own free will and volition, without any force or undue influence employed upon me.
1UP TIME DISTRIBUTORS
CODE OF CONDUCT AND
ETHICAL STANDARDS
This Code of Conduct and Ethical Standards (Code) establishes the canons and the principles that govern the way 1UP TIME leads and manages its Distributors.
As a responsible business enterprise and corporate citizen, 1UP TIME is committed to conduct its affairs to the highest standards of ethics, integrity, honesty, fairness and professionalism, without exception.
Article 1. Title. – This Code shall be known as the “1UP TIME Code of Conduct and Ethical Standards”.
Article 2. Applying the Code. – The provisions of this Code, insofar as the circumstances are specifically addressed herein, shall apply to the business relationship of 1UP TIME with its Distributors and how the Distributors conduct business, whether with a 3rd party, prospective customer, co-Distributors, or with 1UP TIME. For those situations that are not covered, 1UP TIME and the Distributors are expected to apply and consider whatever is right, legal and fair, without rationalizing.
The officers and staff of 1UP TIME, specifically its Ethics Committee, will always be ready to assist the Distributors in the application of this Code.
Article 3. Distributor. – A person who availed a Sub-reseller, Reseller, Retailer, Sub-dealer or Dealer bundle shall become a Distributor and shall enjoy the following privileges according to status of distributorship:
1. Initial product inventory;
2. Product discount;
3. 1-year free accident insurance coverage up to PHP 100,000.00 for Reseller, Retailer, Sub-dealer and Dealer status;
4. Access to a 1UP TIME One Tracking Center (OTC), an online tool that allows a Distributor to monitor their personal and group sales transaction online 24/7;
5. Earn retail points from using and selling 1UP TIME products. Retail points can let you earn rebates, sales bonus and target sales bonus rewards.
Article 4. Basic Duties and Responsibilities. – Distributors carry the name of 1UP TIME. As such, all Distributors have the following basic duties and responsibilities:
Section 1. Distributors are obliged to observe professionalism, to act in accordance with high ethical standards and personal integrity, and observe the governance VALUES of 1UP TIME in their selling and business activities. Any act or acts of Distributors must not impair or prejudice 1UP TIME’s honor and reputation.
Section 2. Distributors shall uphold and maintain respect toward fellow Distributors, and toward the directors, officers, employees and shareholders of 1UP TIME.
Section 3. Distributors are required to reveal and state their full name when placing the Company’s name or its products, or any other name or brand that 1UP TIME in their digital and online platforms, personal website, actual marketing tools, and in all business dealings, to avoid misrepresentation. Distributors shall not endorse or publish any promotional materials without the express written approval of 1UP TIME, and are further required to include the following DISCLAIMER in all their promotional materials:
DISCLAIMER: This tool and information is not an official publication of the 1UP TIME. This tool is designed for (please indicate the name of Distributor). For 1UP TIME’s official publication, please visit these websites: 1uptime.world, 1updistributor.com and 1upmall.com.
Section 4. Distributors should be responsible in the use of digital, online and actual marketing tools or publications involving 1UP TIME and must use the official cover photos of 1UP TIME designed for online marketing when promoting products of 1UP TIME. All Distributors must avoid using any sign, mark, logo, trademark or other symbols of other companies that may result in or cause misrepresentation or which may be misconstrued as an official tie-up or partnership of the other parties or companies with 1UP TIME.
Section 5. Distributors shall be responsible for online posting, tagging or sharing of articles or contents in their website/s, social media accounts and other digital platforms. It is the duty of all Distributors to refrain from posting or sharing digital contents which are illegal, immoral, indecent, unethical, malicious or distasteful, one that degrades, belittles or mocks the core values of 1UP TIME and the Multi- Level Marketing (MLM) industry in general.
Section 6. Distributors shall refrain from posting comments in the social media, personal websites, blogs and other similar online platforms that may contradict the existing rules, policies and procedures of 1UP TIME.
Section 7. Distributors shall not import or export any of the 1UP TIME products from or to other countries with an existing official importer, exporter, exclusive dealer or master franchisee.
Article 5. Main Duties and Responsibilities. – Distributors, in the exercise of their rights and privileges, and in the performance of their duties and responsibilities, must act with justice, give everyone their due, and observe honesty and good faith in all their dealings and transactions as Distributor. As such, Distributors are expected and required to observe the following:
Section 1. Distributors shall faithfully comply with commitments, duties and responsibilities enumerated in the Distributorship Agreement which they signed and agreed to, the 1UP TIME Distribution Policy, and all Company rules and regulations on the matter, including any and all new rules, regulations and policies that may be published in the website of 1UP TIME.
Section 2. Distributors shall refrain from uttering offensive or profane language and any immoral act toward fellow Distributors, and directors, officers, employees, and shareholders of 1UP TIME.
Section 3. Distributors shall not, in any way sell, distribute nor dispose of any 1UP TIME products and all other products 1UP TIME distributes lower than the standard retail price (SRP) and the official pricing according to the official pricelist.
Section 4. Distributors shall not offer promotions (promos), freebies or any similar marketing strategy that is not offered by 1UP TIME that may cause unfair competition to fellow distributors or under-value the products of 1UP TIME through the use of the said promos. Distributors shall not offer, present nor promote marketing and business strategies in the form of, but not limited to, incentive packages, enticements or other arrangements which are outside the business program of 1UP TIME or anything related that could jeopardize and/or harm the interests of 1UP TIME.
Section 5. Distributors must refrain from exaggerating or hyping the products or potential earnings thru promotion of flamboyant or exorbitant endorsement(s) or advertisement(s), such as but not limited to overstating the benefits of the products, or, one that guarantees big results, great rewards or risk-free endeavors without exerting actual sales efforts.
Section 6. Distributors shall not offer, interfere or accept any prospective Distributor whose duly signed and accomplished Distributorship Agreement Form was submitted by another Distributor to any of the offices of 1UP TIME, validated and stamped by 1UP TIME cashiers, within the six (6) months cooling- off period described below:
The six (6) months cooling-off period is the period of time when a Distributor is prohibited from sponsoring a person to become a Retailer or a Distributor who has been previously sponsored by another Distributor and a duly accomplished Distributorship Agreement Form has been submitted to any office of 1UP TIME for validation within one month from the date of signing. The six (6) months cooling-off period starts from the date of signing of the Distributorship Agreement Form.
Section 7. Distributors shall not commit the following violations: “Poaching”, “Cross-Sponsoring”, or “Cross-Lining”.
“Poaching” is defined as entertaining the inquiries of, or explaining the procedures of 1UP TIME to, a prospective client who has previously committed to be sponsored by another Distributor for the purpose of sponsoring such prospective customer for their own benefit. “Poaching” may also be committed by answering any query on the social media account which includes the comment section of a Distributor’s post or ad, personal website, and similar online platform of other Distributors.
“Cross-Sponsoring”, otherwise known as “pirating”, is committed by registering a Distributor with existing OTC under their line of sponsorship in the following manner:
i. Register the spouse of an existing Distributor with existing OTC as a Distributor or Retailer under their line of sponsorship.
ii. Sponsor an existing Distributor as a new Distributor or Retailer despite knowledge that the proposed Sponsor is already a Distributor.
iii. Re-sponsor a Distributor without the observance of the Re- Sponsorship Policies;
iv. Any other act that is likely to circumvent the company policy producing similar act or with relative effect; and
v. Sponsoring a prospective client, who have already signed a validated Distributorship Agreement Form with another Distributor.
“Cross-Lining” is defined as “Registration of sponsorship of any person with an existing OTC registered to a different line” committed through any of the following:
i. Register the spouse of a Distributor to a line different from that of their spouse;
ii. Transfer the sponsorship or cause the transfer of the sponsorship of another without observing the Re-Sponsorship Policies;
iii. Register as, or joining another, Distributor after having previously signed a Distributorship Agreement with another Distributor;
iv. Any and all acts of similar nature that may tend to circumvent the policy against Cross-Lining.
Section 8. Re-Sponsorship Policies - Distributors may be re-sponsored in any of the following manner:
1. Automatic Re-Sponsorship; and
2. Re-Sponsorship with Ethics Committee Approval.
Section 8.1. Automatic Re-Sponsorship - Distributors shall be eligible for automatic re-sponsorship under any of the following conditions:
1. Distributors that are terminated after 60 days;
2. Distributors who are inactive with no income or bonus in the last six
(6) months; and
3. Distributors with inactive uplines who had no income or bonus in the last six (6) months.
Distributors who have met the above qualifications may immediately transfer to a different sponsor upon notice from the Ethics Committee. Inactive members who will be re-sponsored will not require the deletion of the points in the OTC of uplines but will require the deletion of all points of the re-sponsored parties.
Section 8.2. Re-Sponsorship with Ethics Committee Approval - For Distributors who failed to meet the qualifications for automatic re- sponsorship, but may have meritorious reasons to be considered, they may submit a duly accomplished Re-Sponsorship Form, along with a valid ID with three (3) specimen signatures to the Ethics Committee.
Re-Sponsorship Due to Strained Relations with Upline – Distributors with strained relations with their uplines shall be allowed to transfer sponsorship regardless of the inactivity period without the burden of violating the company’s policy on cross-lining.
“Strained Relations” for the purpose of this provision shall be defined as a relationship between uplines and their downlines that has become spiteful due to some overt acts by the upline that a chance of harmonious, productive and professional working environment is no longer viable.
The affected Distributor may transfer under any of the following conditions:
Ø That there must be justifiable reason/s for the transfer. The justifiable reason is subject to the determination of the Ethics Committee.
Ø That the strained relationship is due to a commission of the sponsor/upline of a serious or gross misconduct towards the Applicant such as but not limited to:
· Non-encoding or preventing to encode transactions for an unreasonable length of time;
· Bullying a member whether physically or through other forms such as social media to compel the member to act against their will;
· Non-delivery of products for an unreasonable length of time;
· Non-payment of debt in connection with their 1UP TIME
business;
· Withholding Company information such as public posts, promos, updates and/or memorandum;
· Any form of deception or machination amounting to
“Kamada”;
· Any other violations that are serious and gross in nature as determined by the Ethics Committee.
Ø A Distributor under these conditions may file a letter request with the Ethics Committee for such transfer of sponsorship.
Ø If re-sponsoring is granted, the Distributor will no longer be required to pay or purchase any new package. 1UP TIME will facilitate the transfer to the new upline sponsor, along with the organization down the line at no cost, provided that the downlines sign a Placement Re-sponsorship Consent Form concurring to the transfer.
Ø All uplines that will accept the re-sponsoring active members and the re-sponsored active member/s as well must consent to zeroing out the points of their OTC.
Ø Any abuse of this privilege, such as using it to restructure one’s organization to undermine and abuse 1UP TIME’s program or to circumvent the company’s policies to discriminate a responsible and professional upline shall result in corresponding disciplinary action.
Re-sponsorship Request Form, together with a copy of a valid government issued ID with specimen signature of the Distributor and the Placement Re- sponsorship Consent Form of the downlines may be submitted in any of the following ways:
· Email : [email protected]
· Facebook : 1UP TIME – Ethics Committee
· In Person : 1UP TIME Head Office at
1008 Quezon Ave. Brgy. Paligsahan,
Quezon City or in any 1UP TIME branches
Section 9. Distributors shall not commit any act, directly or indirectly, that may cause harm or injury towards fellow Distributors, or any of the directors, officers, employees and shareholders of 1UP TIME, such as, but not limited to, any of the following acts:
a. Forgery, falsification, and/or imitation of any handwriting or signature of another in any deed, document, or forms, including IDs;
b. Give false and/or inaccurate statement or narration of facts, especially on public documents such as affidavits and sworn statements;
c. Falsification of documents/alteration of documents, changing information or data from the original contents of the document or any unauthorized modification of the information;
d. Institute and/or pursue malicious and/or vexatious complaint(s) or action(s) before the Ethics Committee, Courts of Justice and/or government agencies/Instrumentalities with judicial/quasi-judicial functions despite knowledge of the falsity and/or baselessness of the same for the purpose of harassing or causing an injury/trouble to the person or good name/standing of another Distributor, or any of the directors, officers, employees and shareholders of 1UP TIME;
e. Alter the quality and/or quantity of 1UP TIME products;
f. Issue any deed, document, paper or form claiming to be the copy of an original document which does not exist;
g. Produce and/or sell fake good(s) or product(s) and make them appear to be products of 1UP TIME;
h. Cause unreasonable delay in the delivery of any paid 1UP TIME
products and activation codes;
i. Commit an unreasonable delay in encoding the new client to the 1UP TIME system. Unreasonable delay shall mean non-encoding without a valid reason immediately from the date of purchase, or upon demand of the prospective client.
j. Use fictitious name or dummy account for registration or sponsorship with the intention to defraud;
k. Violation of Batas Pambansa Blg. 22, also known as Anti-Bouncing Checks Law, relative to 1UP TIME transactions only;
l. Promoting and selling regulated products that are illegal and/or prohibited. For this purpose, a regulated product that is not properly registered and/or issued a license/permit by the Government regulatory body or commission shall be considered illegal and prohibited;
m. Commission of an act or acts that create or promote any marketing schemes or strategies that are foreign to 1UP TIME’s approved marketing programs, especially one that guarantees big results, great rewards or risk-free endeavors without exerting efforts or putting in the work.
n. Commission of any other form of dishonesty, deceit, estafa, fraud or misrepresentation within the course of their duties and responsibilities as Distributor.
Section 10. All Distributors are required to declare their true, accurate, and complete income from 1UP TIME in their Income Tax Return, file the correct Income Tax Return, and pay the correct taxes due the Government.
A Certificate of Distributorship for purposes of securing a Tax Identification Number, Value Added Tax (VAT) registration, and BIR Form 2307 may be secured from any 1UP TIME office.
Article 6. Serious Misconduct. – Commission by a Distributor of any of the following acts is considered a Serious Misconduct, a violation of this Code, and the offender shall be subjected to appropriate penalties:
a. Knowingly use an Activation Code, “Scratch Card”, and/or 1UP TIME OTC that is fake, spurious, or not issued in the regular course of business whether or not such use caused or resulted in any damage to another Distributor and/or to 1UP TIME;
b. Create, or attempt to create, disharmony, bitterness, or resentment among Distributors and/or the public at large by voicing out his/her concern(s), spreading rumors and/or unfounded allegations against 1UP TIME and/or any of its officers, employees, or members of the Board of Directors in order to gain sympathy and/or cause disharmony, whether or not such actions produced the intended result;
c. Theft of any property or assets of 1UP TIME, whether tangible or intangible;
d. Any other form of misconduct that poses or may pose a serious detriment to 1UP TIME, its directors, shareholders, officers, employees, and fellow Distributors.
Article 7. Gross Misconduct. –Any and all acts that is gross, flagrant, systematic, or severe violations of the core policies of 1UP TIME, or a deliberate act intended to violate those policies that should be treated with respect is considered a Gross Misconduct, such as, but not limited to, the following:
a. Engaging with any person or entity engaged in a similar industry as, or a competitor of 1UP TIME for the purpose of employment, representation, association, sponsorship;
b. Recruitment of or inducing a Distributor to sell, promote, sponsor, and/or introduce, the products, services, business, marketing plans or strategy of a competitor of 1UP TIME;
Joining, associating with, registering, subscribing, promoting, representing, or any other form of affiliation and membership to any entity, group, or company, duly declared by any government agency, bureau, judicial or quasi-judicial bodies, or other government institutions and instrumentalities, including the declaration of the government of any country that such entity, group, or company as illegal or a scam. Distributors shall not recruit, convince, offer, assist, sponsor, or any similar act thereto, other Distributors or any other person to join, subscribe, associate with, or register membership to said illegal, scam or unregistered companies;
c. Selling or offering for sale, promoting and/or inviting to join, participate or become interested in a corporation, a commercial enterprise or profit- making venture, whether or not evidenced by a certificate, contract, or instrument, written or electronic in character, including, but not limited to:
i.) Investment contracts, certificates of interest or participation in a profit-sharing agreement, certificates of deposit for a future subscription;
ii.) Shares of stocks, bonds, debentures, notes, and evidences of indebtedness;
iii.) Certificates of participation, trust certificates, voting trust certificates or similar instruments; or
iv.) Pre-need plans.
without a registration certificate issued by the proper government agency or not being registered with the proper government regulatory office.
Article 8. Adherence to RA 7394 or the Consumer Act of the Philippines and DTI Administrative Order No. 21-09. – 1UP TIME shall be an advocate of fair business practice and an active partner of the government in promoting consumer rights and welfare. Distributors, shall at all times, act in consonance with the provisions of RA 7394 or the Consumer Act of the Philippines and the provisions of DTI Administrative Order No. 21-09 or the Guidelines on the Grant of DTI Seal of Legitimacy for Legitimate Direct Selling and Multi-Level Marketing.
In particular, the following acts provided under Section 6.2 of Administrative Order No. 21-9, which are integrated in this Article as items “a” to “g” below, shall be considered as Gross Misconduct and any Distributor found in commission of the said acts shall be penalized with the revocation of the privileges of a Distributor as enumerated in Article 3 of this Code; forfeiture of income, bonus, privileges, and other remunerations from the time of their preventive suspension until they are reinstated as a Distributor; and the offender shall also be placed on the list of Blacklisted Distributors where they cannot join and register as a Distributor for a period of two (2) years from the date of revocation in accordance with Article 10, Section 6 of this Code, without prejudice to any charges, criminal and/or civil that may be filed against the erring Distributor:
“a. Profit/commission is conditioned on or derived from recruitment of participants in a scheme;
b. That as a precondition for membership, the person invited to join the company is required to pay an unreasonable registration, entry, or similar fee, which may or may not be bundled with products;
c. Selling of multiple heads, positions, accounts, business units, or any similar schemes akin thereto, to a prospective or existing distributor;
d. Unusually high returns on investment in the form of profit/commission over a short period of time is promised;
e. The consumer product, if any, is sold at a price considerably higher than its fair market value that a consumer would not normally purchase;
f. That in case a binary scheme is employed, commission or compensation is earned by balancing the number of recruits;
g. The company has no policy on return, refund, exchange, or warranty.”
In addition, 1UP TIME adheres to the one account per Distributor policy. Any Distributor having more than one (1) OTC shall be considered as committing a Gross Misconduct and the erring Distributor shall suffer the penalties for a Gross Misconduct accordingly.
Article 9. “Know Your Distributor” (KYD) Requirement – A Distributor shall submit upon purchase of a product package a completely filled out and signed Distributor’s Application Form (DAF) together with a valid government issued ID.
The completely filled out and signed DAF and valid government issued ID may be submitted in any of the following ways:
· In Person : To any cashier at 1UP TIME stores
· Email : [email protected]
Failure to submit these KYD requirements shall result in the suspension of the Distributor along with the latter’s sponsor until the completely filled out and signed DAF and the valid government issued ID are submitted.
Section 1. Jurisdiction. – Except as otherwise provided under this Code, the Ethics Committee, headed by its Chairman - President and CEO, shall have the exclusive jurisdiction to handle issues, concerns and complaints for violation of any of the provisions in this Code and the Distributor Policy.
Section 2. Who May Initiate. – Proceedings for the violation of any of the provisions of this Code of Conduct and Ethical Standards may be initiated by the Ethics Committee motu proprio or upon the complaint of a Distributor.
Section 3. Requisites of a Valid Complaint. – The complaint by a Distributor against a fellow Distributor must be signed by the Complainant, written in a clear, simple and concise language, and shall contain the following:
1. Full name and address of the Distributor Complainant, including a list of all of their available contact details;
2. Full name of the Distributor complained of, including a list of all of their available contact details, if known;
3. A narration of the relevant and material facts which show the acts or omissions allegedly committed;
4. Copies of documentary evidence, if any; and
5. Copies of valid identification with three (3) specimen signature.
In cases initiated by the Ethics Committee, a show cause order is sufficient.
Section 4. When and Where to File a Complaint. – A complaint for the violation of any of the provisions of this Code may be filed at any time with the Ethics Committee in any of the following ways:
· Email : [email protected]
· In Person : 1UP TIME Head Office at
1008 Quezon Ave., Brgy. Paligsahan, Quezon City or in any 1UP TIME branches
Section 5. Notice of Charge/s. –Should the Ethics Committee determine probable cause to charge the Distributor complained of for violation of any of the provisions of this Code, it shall issue a Notice of Charge/s against them including a narration/description of their violation(s) and a directive to answer the charge(s), or submit an explanation, within five (5) days from receipt of the notice.
Section 6. Answer/Explanation. – The Answer/Explanation should be in writing, specific, and contain material facts in support of the defense of the Distributor complained of, including documentary evidence, statements covering testimonies of witnesses, if there be any.
Section 7. Failure to File an Answer. – If the Distributor complained of fails or refuses to file their answer/explanation within the period provided in the Notice of Charge/s, the Distributor shall be considered to have waived their right to submit the same and the case may be decided based on the available records.
Section 8. Preventive Suspension. –The Distributor complained of, upon the petition of the Distributor Complainant, or the Ethics Committee, motu proprio, may be placed under Preventive Suspension by the Ethics Committee pending investigation for the following violations:
a. Under-Pricing;
b. Multiple offenses;
c. Gross Violations; and
d. Any violation that is detrimental to 1UP TIME as determined by the Ethics Committee.
Section 9. Effects and Consequences of Preventive Suspension. – The following are the effects of the issuance of a Preventive Suspension upon the Distributor complained of:
a. All the privileges granted to a Distributor shall be blocked/suspended until the final resolution of their case;
b. The OTC shall not be accessible to the said Distributor until the final resolution of the case or until determination by the Ethics Committee that Preventive Suspension is no longer necessary;
c. If the Distributor is declared innocent of the violations charged with, all the suspended privileges and benefits shall be restored and shall retroact from the date of the Suspension Order;
d. If the Distributor is proven and declared guilty of the charges, the period of Preventive Suspension shall be deducted from the penalty of suspension imposed by the Ethics Committee.
Section 10. Mediation. – At any time after an Answer/Explanation is filed, the Ethics Committee, in its discretion, may call the parties to a Mediation for them to arrive at conciliation or the freedom of the parties to make their own arrangements to resolve conflicts/disputes to arrive at a settlement, which settlement must be approved by the Ethics Committee.
In the event Mediation between the parties fails, the Ethics Committee shall decide the case based on its merits.
Section 11. Period to Decide a Case. – The Ethics Committee shall decide the case within thirty (30) days from receipt of the Answer/Explanation of the Distributor complained of, or after the lapse of the period to file an Answer/Explanation without an Answer/Explanation being filed.
Section 12. Finality of the Decision. – All Decisions rendered by the Ethics Committee shall be final and immediately executory.
Section 13. Distributors who immediately and timely file a complaint against their uplines for delayed and unreasonably controlled encoding of a new Distributor to the 1UP TIME system shall be eligible for re-sponsorship together with their entire organization free of charge, once allegations have been proven with finality by the Ethics Committee. The erring upline shall suffer the penalties for a Major Offense.
Section 1. Classification of Offenses. – Offenses with corresponding penalties are classified as Minor Offenses, Major Offenses, Serious Offenses, and Gross Offenses.
Minor Offenses are violations of provisions enumerated under the Basic Duties and Responsibilities of a Distributor under Article 4 of this Code.
Major Offenses are violations that maybe considered detrimental to 1UP TIME and which pose imminent and serious threats to the reputation and operations of 1UP TIME, including, but not limited to, violations committed against the provisions of Article 5, Main Duties and Responsibilities of a Distributor.
Serious Misconduct are acts or actions that pose or may pose a grave and severe detriment to 1UP TIME, its directors, stockholders, officers, employees, and/or fellow distributors, including, but not limited to, violations of Article 6 of this Code.
Gross Misconduct are acts or actions of Distributors with deliberate intent to violate the core policies of 1UP TIME, such as the commission of any of the acts enumerated in Articles 7 and 8 of this Code.
Section 2. Violation of Minor Offenses shall be punishable by a written reprimand, for the first violation, or a written warning wherein the Distributor is warned of their violation or misconduct and directed to correct their misconduct within a period of five (5) days from notice. Failure to correct their misconduct within the said period shall mean a suspension of their rights and privileges.
A second violation of Minor Offense shall merit a suspension of the rights and privileges of a Distributor for at least two (2) weeks but not more than one (1) month of the Distributor’s OTC and activities. All bonuses, privileges and other remunerations, monetary or in kind earned during the period of suspension are forfeited effective immediately. The OTC of the erring Distributor shall be put on hold until acknowledgment of the Notice to Explain was received by the Ethics Committee.
Section 3. Violation of Major Offenses shall be punishable by suspension of the Distributor’s OTC and activities for at least one (1) month but not more than six (6) months for the first violation. All bonuses, privileges and other remunerations, monetary or in kind, during the period of suspension shall be forfeited.
Second violation of a Major Offense shall be punishable by termination of OTC including forfeiture of income, bonus, privileges and other remunerations, monetary or in kind, effective immediately, and will be put on a blacklist wherein the Distributor cannot join and register to 1UP TIME as a Distributor for a period of two (2) years from the date of termination.
Section 4. Penalty for Under-Pricing. – Distributors who have been proven guilty of violating the policies against Under-Pricing shall be sanctioned to a minimum penalty of three (3) months to a maximum of six (6) months suspension and forfeiture of all income, bonus, privileges, and other remunerations, monetary or in kind earned during the period of suspension.
Section 5. Penalty for Serious Misconduct. – Distributors proven guilty of committing a Serious Misconduct shall be punished by the suspension of all of their rights and privileges as a Distributor for a minimum period of three (3) months to a maximum period of six (6) months, and forfeiture of all income, bonus, privileges, and other remunerations, monetary or in kind, earned during the period of suspension.
Section 6. Penalty for Gross Misconduct. – Distributors found guilty of commission of a Gross Misconduct shall be punished with the revocation of the privileges of a Distributor enumerated in Article 3. The termination shall also carry with it forfeiture of income, bonus, privileges, and other remunerations from the time of their preventive suspension until they are reinstated as a Distributor. The offender shall also be put on the list of Blacklisted Distributors where they cannot join and register as a Distributor for a period of two (2) years from the date of revocation.
Section 7. Penalty for Multiple Violations. – A Distributor found guilty of various offenses, whether simultaneous, or in succession, shall be subjected to higher penalties, to wit:
|
i. Three (3) Minor Violations |
= |
One (1) Major Violation |
|
ii. Five (5) Minor Violations |
= |
Termination |
|
iii. Three (3) Minor, One (1) Major |
= |
Termination |
|
iv. Two (2) Major Violations |
= |
Termination |
Section 8. Non-Eligibility for Awards. – Distributors declared guilty of violation for at least a Major Offense listed in this Code shall not be eligible for any award or recognition given by 1UP TIME to its Distributors.
Section 9. Aside from the penalty for Major Offenses to which Malicious and Vexatious Filing of a Complaint belongs, the Distributor guilty of this violation shall issue a public apology to the Distributor or 1UP TIME subject of their malicious and vexatious complaint.
Article 12. Intellectual Property Rights. – All intellectual property rights shall remain the exclusive property of 1UP TIME, which includes but not limited to copyright, trademark, service mark, trade name, corporate mark, logos, insignias, signage, and designs. Any act of alteration, modification or unauthorized use of the company’s intellectual property is strictly prohibited.
Article 13. Amendments and Revisions. – Any amendment or revision of this Code may be proposed at any time by any of the member of the Ethics Committee. Amendment shall take effect three (3) days from date of publication.
Article 14. Effectivity. – This Code of Conduct and Ethical Standards shall take effect immediately from date of its publication in 1UP TIME’s official websites: 1uptime.world, 1updistributor.com and 1upmall.com, Facebook fan page: 1UP_TIME, other social media platforms, and or through issuance of a memorandum and circulars addressed to all Distributors.
Article 15. Repealing Clause. –The previous Code of Conduct and Ethical Standards and all other rules and regulations inconsistent with this Code are hereby repealed or modified accordingly.
PRIVACY POLICY
INTRODUCTION
This privacy policy sets out rules for the collection, use and disclosure of personal information and how 1UP TIME uses and protects these information that you give 1UP TIME in the course of commercial activity when you use 1uptime.world, 1updistributor.com and 1upmall.com. To better protect your privacy, we provide this notice which applies to all information collected from these 1UP TIME websites.
1UP TIME is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using these websites, then you can be assured that it will only be used in accordance with this privacy statement.
1UP TIME may change and update this policy from time to time, and any information we collect is not used and shared for any other purposes set herein.
WHAT INFORMATION WE COLLECT AND HOW WE USE IT
PERSONAL INFORMATION
Personal information means any information about an identifiable individual. It includes, without limitation, information relating to identity, nationality, age, gender, address, telephone number, e-mail address, date of birth, marital status, and other information relating to our transactions with you as well as certain personal opinions or views of an Individual. Only information which is required to make a determination of an individual's eligibility will be collected. You may choose to restrict the collection or use of your personal information by indicating that you do not want the information to be used by anybody and/ or revoke previously agreed use of your personal information for direct marketing purposes. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
i. Record-keeping;
ii. Send instructive and promotional emails about new products, or other information which we think you may find interesting.
iii. For market research purposes;
iv. Or we may use the information to customize the website according to your requirements.
SHARING AND PROTECTING YOUR INFORMATION
1UP TIME will not sell, distribute or lease your personal information to other parties unless we have your permission or are required by law to do so.
To prevent unauthorized access, maintain data accuracy, and ensure information usage, we have put into place appropriate physical, electronic and managerial procedures to safeguard and secure these information we collected online. We will also take reasonable steps to verify your identity before granting access or make corrections.
USE OF COOKIES ON THIS SITE
A cookie is a small file, which often includes a unique identifier that is sent to your computer browser from a website and is stored on your computer's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it. Your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows. Our Sites may send cookies to your computer's hard drive to enhance your experience when visiting our Sites, nonetheless, we do not use so-called "surveillance" cookies that track your activity elsewhere on the web.
If you wish to restrict or block the cookies which are set by a website, you can do this through your browser settings. The Help function within your browser should help you how. Alternatively, you may wish to visit AboutCookies.org which contains a guide to deleting and controlling cookies.
USE OF ACTIVE-X AND JAVA APPLETS ON THIS SITE
Active-X programs and Java applets are executable programs transferred to your computer's hard drive that cause your computer to perform functions in connection with your visit to a Web site. Our Sites do not transfer any Active-X programs or Java applets to your computer’s hard drive.
USE OF THIRD-PARTY MEDIA AND RESEARCH COMPANIES
Our Sites do not run non-affiliated third-party advertisements, nor do we use third-party media and research companies to place advertisements on our behalf, on other parties’ websites.
LINKS TO OTHER WEBSITES
Our Sites do not run non-affiliated third-party advertisements, nor do we use third-party media and research companies to place advertisements on our behalf, on other parties’ websites.
CONTACT US
Should you have any questions or concerns about this Privacy Policy, on our use of your information, or would like to correct factual errors in your personal information, or in the unlikely event any of the personal information you provided is misused, you may redress these issues by reaching us directly at [email protected]. We will make reasonable effort to address your concerns and provide necessary actions.
TERMS OF USE
INTRODUCTION
1UP TIME welcomes visitors and distributors to the 1UP TIME websites located at 1uptime.world, 1updistributor.com and 1upmall.com. Please read the websites Terms of Use (“Terms of Use”) before using these websites.
By accessing and using these Websites, you agree to be bound by all the Terms of Use set forth herein. Otherwise, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded and printed for your own reference.
COPYRIGHT
This Website is owned and managed by 1UP TIME. Any and all content, data, graphics, photographs, images, trademarks, trade names, audio, video, software, systems and other information including, and without limitation to the visual design and experience of the Website, are proprietary to 1UP TIME. The Website’s content is protected by the Philippine and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, distribute, publish, post, transfer or sell any of its Content without the express prior written consent of 1UP TIME. You may download, print, and reproduce the Content for your own informational purposes, provided that you agree to maintain any and all copyright or other proprietary notices contained in such content, and to cite the URL source.
Reproduction of the content, in whole or in part, for re-sale or distribution is strictly prohibited by 1UP TIME.
TRADEMARKS
SUPERBREAKTHROUGH ENTERPRISES CORP., 1UP TIME, 1uptime.world, 1updistributor.com and 1upmall.com are trademarks of 1UP TIME. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of 1UP TIME. Any other trademarks appearing on the Website are property of their respective owners. 1UP TIME’s trademarks and trade dress may not be used in any manner, and for any purposes, without the express written prior consent of 1UP TIME.
ELECTRONIC COMMUNICATION
Visiting 1uptime.world, 1updistributor.com and 1upmall.com or sending emails to these Websites constitutes Electronic Communication. You consent to receive electronic communication and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on this site, satisfy any legal requirement that such communication be in writing.
YOUR ACCOUNT
If you use this site, it is hereby understood that you are solely responsible for maintaining the confidentiality and security of your account and for restricting access to it. Moreover, you agree to accept responsibility for all activities and transactions that occur under your account.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 1UP TIME is not responsible for third party access to your account that results from theft, or misappropriation, or misuse of your account under your designated One Tracking Center (OTC), and 1UP TIME reserves the right to refuse or cancel service, terminate accounts or remove or edit content in its our sole discretion.
MISCELLANEOUS
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is legal, decent, encouraging, esteeming, non-invasive of privacy, does not infringe intellectual property rights, inoffensive to third parties, and does not consist of, or contain software viruses, commercial solicitation, mass mailings, or any form of "spam."
1UP TIME shall have the right but not the obligation to monitor the content of 1uptime.world, 1updistributor.com and 1upmall.com, including forums to determine compliance with this Agreement and any operating rules established by 1UP TIME, and to satisfy any law, regulation or authorized government request.
1UP TIME shall have the right, in its sole discretion to edit, refuse to post or remove any material submitted to or posted on 1uptime.world, 1updistributor.com and 1upmall.com. Without limiting the foregoing, 1UP TIME shall have the right to remove any material that 1UP TIME, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold 1UP TIME harmless, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses including attorney’s fees arising out of the use of 1UP TIME website, by User or User’s Account.
COPYRIGHT COMPLAINTS
1UP TIME and its affiliates respect the intellectual property of other person, entity and institutions. If you find that your content has been copied or stolen in a way that constitutes copyright infringement, please feel free to contact us at [email protected].
LEGAL NOTICE
INTRODUCTION
Thank you for visiting 1uptime.world, 1updistributor.com and 1upmall.com. These websites are to be used by individuals for their own personal use only. Your usage and access of these websites are subject to terms and conditions and these constitute your agreement to abide by such terms and conditions. Use for any other purposes is expressly prohibited by law, and any violations of the foregoing may result in criminal and/ or civil liability.
1UP TIME reserves the right in its sole discretion to modify, alter or otherwise update these terms and conditions and its web pages at any time without further notice and you agree to be bound by any modifications, alterations or updates to these terms and conditions.
NO WARRANTIES
The documents and related graphics on these websites may include technical inaccuracies or typographical errors. Changes and additions to the information, designs and/ or visuals are periodically made. Similarly, 1UP TIME may make improvements or changes in the product(s) described herein at any time without prior notice.
In no event shall 1UP TIME and/or its respective suppliers be liable for any special indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action, arising out of or in connection with the use or performance of products, documents, provision of, or failure to provide services, or information available from this Website. No advice or information given by 1UP TIME’s, 1UP TIME’s preferred customers or their respective employees shall create any warranty.
DISCLAIMER
The contents of these Websites, 1uptime.world, 1updistributor.com and 1upmall.com, are for informational purposes only and do not render medical or psychological advice, opinion, diagnosis, or treatment. The nutritional products as shown in this website are not intended to diagnose, treat, cure or prevent any disease or medical condition. The information provided through this website should not be used for diagnosing or treating health problem or disease, nor an alternative for professional care.
Do not disregard professional medical advice because of something that you have read on these websites. Links on these websites are provided only as an informational source, and should not be regarded as recommendation, endorsements or approval of any of the content at the linked sites. 1UP TIME cannot be responsible for their availability, accuracy, or content.
Aside from the excellent products 1UP TIME distributes, any testimonials posted herein, does not constitute guarantee or warranty on the effectiveness of 1UP TIME’s products, but rather represents only anecdotal experience of the users, which experience can never be a substitute for scientific research.
PRODUCT RETURN POLICY
Thank you for purchasing from 1UP TIME! If you are not entirely satisfied with your purchase, you may return the product subject to the following terms and conditions:
1. You have seven (7) calendar days to return an item from the date of purchase;
2. To be eligible for return, item must be unused;
3. Item must be in its original packaging, intact and without any unnecessary markings;
4. Original receipt or proof of purchase must be presented.