Terms and Conditions
As of May 28, 2025
The Terms and Conditions of Orkona contained herein are established to explain and define the rights and responsibilities of Orkona and its Independent Customers, Members, or Affiliates. While the majority of these Terms and Conditions are focused on being an Affiliate in Orkona, they apply to everyone, including Customers and Members as well.
Each Independent Customer, Member, or Affiliate agrees, without reservation, to all the terms and conditions contained herein and holds Orkona free from any and all liability that may result from this agreement between the Independent Representative and Orkona.
CODE OF CONDUCT DECLARATION
Orkona (subsequently referred to as the “Company”) has established the following Code of Conduct to guide the appropriate, efficient, and ethical operation of the Company. We require our Customers, Members, or Affiliates to abide by the letter and spirit of this code, which forms a binding contract with all registered participants of Orkona.
1. Customer, Member and Affiliate Obligations
Orkona Customers, Members, or Affiliates will:
a. Conduct themselves in an ethical and professional manner;
b. Promote and offer the Company’s digital products, services, or educational materials in accordance with the compensation plan;
c. Make it clear that success in the Company’s compensation model is primarily based on product value and customer satisfaction rather than recruitment;
d. Represent the compensation plan only as officially provided and approved by the Company;
e. Be honest and accurate in their description of Orkona’s offerings, and refrain from making any product or earnings claims not supported by official Company documentation;
f. Comply fully with all applicable local and international consumer protection laws and digital marketing regulations;
g. Maintain updated and accurate information on their profile including physical address, phone number, email address, identification details, method of payment, and any other relevant data required by the Company.
Orkona Members will not:
a. Engage in deceptive, illegal, or unethical sales or recruitment practices;
b. Use high-pressure tactics for sales or recruitment purposes;
c. Make false or unsubstantiated claims about Orkona’s products or services;
d. Provide misleading or unrealistic income guarantees;
e. Sponsor or enroll individuals who are minors or otherwise legally unable to give informed consent;
f. Conduct business in countries or jurisdictions not officially approved for Orkona operations;
g. Manipulate or purchase volume on another Customer or Member’s account to fraudulently qualify for bonuses or commissions;
h. Seek in any way to violate or circumvent Orkona’s stated policies and procedures.
Section 1: Becoming a Customer, Member, or Affiliate
A. Age of Majority.
In order to become a Customer, Member, and/or Affiliate, all applicants must have reached the age of majority — typically eighteen (18) years of age — in the jurisdiction where they reside.
B. Enrollment Authorization.
A new Customer, Member, and/or Affiliate is authorized by the Company to operate under the Orkona opportunity once they complete the required fields on any of the official join or upgrade pages on the Orkona website.
C. Acceptance Rights.
The Company retains full discretion to accept, reject, or terminate any application or account for Customer, Member, or Affiliate status.
D. Legal Eligibility.
A Customer, Member, or Affiliate may be required to present proof of legal residency, employment authorization, or any other documentation necessary to confirm their ability to conduct business in the country or territory in which they operate.
E. Required Purchase.
There are no mandatory product purchases required to maintain status as a Customer, Member, or Affiliate in Orkona.
F. Business Entities.
If a Customer, Member, or Affiliate applies as a business entity, the applicant may be required to submit the business identification number and a Statement of Beneficial Interest, including identification and signatures of all parties holding beneficial ownership. The Company reserves the right to request supporting documents such as articles of incorporation, organization, or other legal entity formation records at any time.
G. Identification Number.
For tax reporting and identity verification purposes (as permitted by law), Orkona requires applicants to submit a personal or business identification number. Failure to comply may result in rejection of the application, suspension of account, or withholding of commissions.
H. Inaccurate Information.
If Orkona determines that inaccurate or false information was submitted, it reserves the right to immediately terminate or void the agreement retroactively. Customers, Members, or Affiliates are required to keep their information up to date and report any changes affecting the accuracy of their account details.
I. Term.
The agreement is valid for a period of one (1) year from the date of enrollment. After this period, the agreement will automatically renew each year provided the account remains active and in good standing with Orkona.
J. Non-Exclusive Territory.
No Customer, Member, or Affiliate shall receive exclusive rights to any specific geographical area or market. No exclusive franchise or territory rights are granted, nor may any individual claim or suggest otherwise.
Section 2: Obligations of Customers, Members, or Affiliates and Managing Status
A. Compliance.
All Customers, Members, or Affiliates are required to fully comply with these Terms and Conditions at all times.
B. Independent Contractor Status.
All Orkona Customers, Members, and Affiliates act as independent contractors. They are fully responsible for their own operations, expenses, and decisions.
1. Customers, Members, or Affiliates shall not represent themselves as employees, partners, agents, or legal representatives of Orkona. They may not enter into agreements or make purchases in the name of the Company.
2. Business decisions, operating hours, and strategies are the sole responsibility of the individual. The Company does not dictate such matters, nor should any statements be made suggesting otherwise.
3. Each Customer, Member, or Affiliate is fully responsible for any verbal or written statements they make regarding Orkona’s Products, Services, or Compensation Plan that are not explicitly contained in official Company materials. Orkona will not be held liable for such unauthorized statements, and the individual agrees to indemnify the Company for any damages or legal actions resulting from such statements. This clause remains in effect even after contract termination.
C. Compliance with Laws.
All Customers, Members, and Affiliates must operate their Orkona business in full compliance with local, regional, and international laws and regulations, including those governing marketing practices, online sales, business operations, and tax obligations. No products or services may be marketed below their wholesale price, and all practices must adhere to fair business conduct laws.
D. Unauthorized Offerings.
No Customer, Member, or Affiliate may offer, promote, or distribute non-Orkona incentives, business models, or marketing tools in conjunction with the promotion of Orkona products or the compensation plan unless explicitly approved in writing by the Company.
E. Retail Sales Commitment.
Success in the Orkona Affiliate Program requires consistency, effort, and sales activity. There are no guaranteed earnings — all commissions are earned based on actual performance and results. Regular and repeated retail sales, both personally and within the downline, are essential to business growth.
F. Negative Statements.
Customers, Members, or Affiliates shall refrain from making disparaging or misleading comments about:
1. Orkona, its Products, Services, or its Customers, Members, or Affiliates;
2. Competing businesses, their offerings, or their operations.
G. Ethical Conduct.
All Orkona participants are expected to uphold the highest standards of professionalism. No unethical behavior will be tolerated, including—but not limited to—the following:
1. Use of another Customer’s, Member’s, and Affiliate’s credit card withoutexpress written permission;
2. Unauthorized use of any Company Confidential Information;
3. Cross-Company Recruiting (including aiding and abetting another toCross-Company Recruit);
4. Making unapproved claims about the Product;
5. Making income claims about the Affiliate Business which are notcompliant with the provisions of the Terms and Conditions;
6. Making false statements or misrepresentation of any kind, including butnot limited to: untruthful or misleading representations or sales offersrelating to the quality, availability, grade, price, terms of payment, refundrights, guarantees, or performance of Products;
7. Personal conduct that discredits the Company and/or its Customers,Members, or Affiliates;
8. Violating the laws and regulations pertaining to the Affiliate Business;
9. Failing to meet Customer, Member, or Affiliate responsibilities;
10. Violating the Code of Ethics; or
11. Violating the Terms and Conditions.
G. Resolving Disputes.
A Customer, Member, or Affiliate must conduct all activity in the best interestsof the Company. Upline leaders shall use their best efforts to resolve disputes in their DownlineOrganizations. Any personal disputes between Customers, Members, or Affiliates must beresolved quickly, privately, and in the best interests of the Company.
H. No Claims of Unique Relationship.
A Customer, Member, or Affiliate may not allege or imply thathe or she has a unique relationship with, advantage with, or access to the Company executives oremployees that other Customers, Members, or Affiliates do not have.
I. Detrimental Conduct.
If any conduct by a Customer, Members, and Affiliate is determined by theCompany to be injurious, disruptive, or harmful to the Company or to other Customers, Members, orAffiliates, the Company may take appropriate action against a Customer, Member, and/or Affiliate asthe company deems necessary.
J. No Reliance.
A Customer, Member, or Affiliate may not rely on the Company to provide legal, tax,financial, or other professional advice, nor may it rely on any such advice if given.
K. Insurance.
The Company encourages its Customers, Members, or Affiliates to consult with anattorney regarding the extent of their personal legal liability with respect to their independentbusinesses.
L. Privacy of Customer’s, Member’s, and Affiliate’s Information.
Customers, Members, or Affiliatesauthorize the Company to disclose its contact information to the Affiliate’s Downline Organization.
M. Notification of Adverse Action.
A Customer, Member, or Affiliate shall immediately notify theCompany in writing of any potential or actual legal claims from third parties against the Customer,Member, or Affiliate arising from, or associated with, the Customer’s, Member’s, and Affiliate’sBusiness or the Downline Organization that may adversely affect the Company. After notifying theCompany, the Company may take any action necessary to protect itself, including controlling anylitigation or settlement of the legal claims. If the Company takes action in the matter, the Customers,Members, or Affiliates shall not interfere or participate in the matter.
N. Release for use of Photo, Audio, or Video Image, and/or testimonial Endorsement. The Companymay take photos, audio or video recordings, or written or verbal statements of a Customer,Member, or Affiliate at Company events or may request the same directly from a Customer,Member, or Affiliate. The Customer, Member, or Affiliate agrees to and hereby grants theCompany the absolute and irrevocable right and permission, to use, re-use, broadcast,rebroadcast, publish, or republish any such photo, audio, video, or endorsement, in all or in part,individually or in conjunction with any other photograph or video, or any other endorsement, inany current or future medium and for any purpose whatsoever, including (but not by way oflimitation) marketing, advertising, promotion, and/or publicity; and to copyright such photographand/or video, in the original or as republished, in the name of the Company, or in any other name.Regardless of any other agreements or contracts the Customer, Member, or Affiliate may havewith any other entity, the Customer, Member, or Affiliate agrees that any use by the Company asset forth in this Section shall be royalty free, is a work made for hire, and is not subject to anyother claim. The Customer, Member, or Affiliate agrees to defend and indemnify the Companyagainst any claims by any other party arising out of the Company's use of the rights grantedherein. The Customer, Member, or Affiliate confirms that the information he or she may give as atestimonial endorsement, or as represented in a photograph, video or audio is true and accurateto the best of his or her knowledge. The Customer, Member, or Affiliate waives any right he or shemay have to inspect or approve the finished or unfinished product(s), the advertising copy,printed, recorded, photographic or video matter which may be used in connection with it or anyuse that may be made of it.
O. Conducting the Customer, Member, or Affiliate Business Internationally.
A Customer, Member, orAffiliate has the right to operate in any Authorized Country where the Customer, Member, orAffiliate may lawfully conduct the Customer, Member, or Affiliate Business. It is a Customer,Member, or Affiliate’s responsibility to comply with all national and local laws, ordinances, andregulations when conducting Customer, Member, or Affiliate Business in any Authorized Country.
1. Only with the Company’s approval, a Customer, Member, or Affiliate may attempt to secureapproval, licensing, distribution and/or registration for products or business practices,trademarks, trade names, or internet domain names; or establish any kind of business ininternational countries and markets on behalf of the Company.
2. A Customer, Member, or Affiliate may not sell, distribute, license, or register products orbusiness practices, use trademarks, trade names or internet domain names in any countrywithout approval of the company.
3. A list of countries where business is approved will be available on the website.
Section 3 Compensation
Orkona Customers, Members, or Affiliates may participate in our compensation program as outlined on the Pay Plan page of the website.
Commissions are paid as outlined on the Pay Plan page of the website. All Customers, Members, or Affiliates understand BEFORE becoming a member or purchasing any product that there are NO GUARANTEED EARNINGS. Customers, Members, or Affiliates understand that any and all content on the website is not to reflect earnings, but to be used only for demonstration purposes and as a representation of company growth and does not mean anything in terms of commissions.
Customers, Members, or Affiliates should not participate in Orkona under the expectation of earning income without referring new Customers, Members, or Affiliates and Customers. Neither Orkona, nor its Customers, Members, or Affiliates can guarantee "spillover" or earnings simply by becoming a Customer, Member, or Affiliate. Orkona Customers, Members, or Affiliates should not participate in the Orkona opportunity if they are not planning on sharing the products with others.
Most Customers, Members, or Affiliates earn less money each month in the compensation program than they are paying for their products. Although it is possible, Orkona Customers, Members, or Affiliates should NOT expect to make a profit simply by becoming a Customer, Member, or Affiliate as it is very possible that will not occur.
Orkona cannot guarantee that Customers, Members, or Affiliates earn a profit by implementing the training materials provided. The products are for educational purposes only. No Customer, Member, or Affiliate should spend money that they cannot afford to lose to purchase products, advertising materials, or anything else related to Orkona. It is possible that you will NOT earn any income as a Customer, Member, or Affiliate of Orkona.
A. Earnings.
Commissions are paid to Customers, Members, or Affiliates who qualify pursuant to the Compensation Plan and who are in compliance with the Contract. A Customer, Member, or Affiliate’s success is only achieved through the regular and repeated purchase of products and the regular and repeated product sales by its Downline Organization. As the success of any Customer, Member, or Affiliate depends largely on the personal efforts of that Customer, Member, or Affiliate, the Company does not guarantee any level of profit or success, nor does it guarantee a Customer, Member, or Affiliate a specific income. A Customer, Member, or Affiliate does not receive compensation for sponsoring or recruiting other Customers, Members, or Affiliates. The only way to earn Commissions is through the sale of Products.
B. Payment.
The Company will pay Commissions to qualified Affiliates on Product orders and Memberships which:
(i) are received by the Company before the end of the Commission period, and
(ii) have been fully paid with appropriate payment.
1. Commissions are paid in the name of the Person or Business Entity listed in Payment Option link on the My Earnings section of the website. When no payment option is selected, commissions will be held until selected.
C. Commission Payments.
In the event that a Commission payment does not arrive to an Affiliate and has been returned to the company, the company will resend the commission at no additional charge.
D. Minimum Payment Amount.
Affiliates will select how they choose to get paid on the Payment Options page of the website. The minimum amount for payment of commission payments is ten dollars ($60 USD). Commissions less than the minimum for a pay period will accumulate until they equal or exceed the minimum payment amount.
E. Returned or Unpaid Payments.
The Company makes every effort to ensure that an Affiliate receives its commission payments. However, if a commission payment is unpaid due to insufficient information or other reasons beyond the control of the Company, the payment will be held for the benefit of the Customer, Member, or Affiliate for 90 days. After such 90 days, a monthly maintenance charge of ten dollars ($10 USD or equivalent local currency) will be deducted from the Affiliate’s payment.
F. No Manipulation.
Manipulation of the Compensation Plan is not permitted and may result in disciplinary action. Manipulation of the Compensation Plan includes, but is not limited to, an Affiliate purchasing, to qualify for various Ranks or Commissions, large quantities of Product that are not sold through the direct marketing channel, placing orders in his/her Downline Organization, and any other actions that may violate state, federal or foreign anti-pyramid scheme laws. Such manipulations may, in the discretion of the Company, result in the suspension of Commissions and termination of the Affiliate.
G. Deductions and Offsets. Affiliates authorize the Company to deduct fees from its Commissions as outlined on the Payment Option page and/or as deemed appropriate at the sole discretion of the Company.
Section 4 Ordering Company Products
A. Inventory. As the Company imposes no specific minimum inventory requirement on its Customers, Members, or Affiliates, a Customer, Member, or Affiliate must use its own judgment to determine the amount of inventory it will need to sustain its projected personal use.
B. Ordering. Products can be ordered by Internet. Unless otherwise arranged, all membership payments and product purchases will be done from the company website.
C. Back Orders. If the Company is temporarily out of stock on ordered Product, a Customer, Member, or Affiliate will receive a “back order” notice with his or her shipment. Back orders are filled first as new inventory arrives. Volume on back orders is credited to the month in which payment for the original order was received by the Company.
D. Autoship Program.
1. A Customer, Member, or Affiliate may choose to participate in the Autoship Program if available on the website. When instituting Autoship program at the time of enrollment, the Customer, Member, or Affiliate Agreement serves as confirmation for the setup. An Autoship account will be charged at a set time during the month, and the Product will be shipped at a set time thereafter. The Customer, Member, or Affiliate may obtain tracking numbers from the Company after the Product is shipped for countries where tracking numbers are available. The scheduled dates for Autoship processing, account charges, shipping or account changes may be selected in the Autoship section of the OrderProduct page on the website.
2. There is no limit as to how many Autoship orders a Customer, Member, or Affiliate may haveset up or how many bottles of product are included in each Autoship order. All Autoship orders willbe shipped to the Shipping Address in the Personal Info section of the website. If an Autoship orderfails for billing reasons, the company will attempt to bill the payment method on file for each of thenext 10 days until the order goes through.
3. To change or terminate one’s Autoship order, the Customer, Member, or Affiliate may eitherselect it on their Autoship page of the Product Order section of the website, or contact customersupport. Autoship orders may be cancelled at any time prior to the order being billed.
H. Sales Tax, GST, VAT
1. Sales tax is calculated on the digital product’s purchase price and is applied according to the applicable tax rates of the jurisdiction in which the purchaser resides. Orkona collects and remits all applicable taxes to the appropriate taxing authorities. In jurisdictions where a Customer, Member, or Affiliate is registered as a withholding agent and provides Orkona with a valid “Sales and Use Tax Exemption Certificate” or its equivalent, the responsibility for tax collection and remittance falls on that Customer, Member, or Affiliate. It is the sole responsibility of the Customer, Member, or Affiliate to provide an up-to-date exemption certificate annually.
2. In jurisdictions where Goods and Services Tax (GST), Value Added Tax (VAT), or similar transaction taxes apply, such taxes will be based on the purchase price of the digital products. Orkona will provide its GST or VAT number and proper invoicing, including electronic invoices where legally permitted. GST or VAT is not included in commission payouts. Customers, Members, or Affiliates who are GST or VAT registered and are obligated to collect and remit tax on services provided may submit a valid tax invoice to Orkona for applicable GST or VAT charges on commission income.
I. Returns, Refunds, and Exchanges
Orkona offers digital products, memberships, and training content that are delivered electronically and are deemed "used" upon purchase. Due to the nature of digital content, all sales are final and non-refundable.
1. By purchasing any product or service from Orkona, Customers, Members, and Affiliates acknowledge and agree that no refunds or exchanges will be provided under any circumstances, including dissatisfaction with the content or perceived value.
2. Orkona does not accept returns or provide refunds for any digital product, regardless of whether the product was accessed, downloaded, or used.
3. As digital products are not shipped physically, there is no replacement or compensation for damage, incorrect access, or user error after the purchase is completed.
4.Affiliates understand and agree that no commissions will be reversed or adjusted due to refund requests, as refunds are not permitted under Orkona’s policies.
Section 5 – Marketing the Product and Opportunity
A. Use of Sales Tools.
A Customer, Member, or Affiliate may use only Company-approved digital marketing materials, websites, videos, funnels, or presentations ("Sales Tools") for any country in which Orkona is authorized to operate. If a Customer, Member, or Affiliate uses a third-party platform, automation tool, or fulfillment service to promote the Orkona opportunity or digital products, they must enter into a confidentiality and non-disclosure agreement (provided by Orkona) with that third party to ensure that all data remains secure and that all customer and business information remains the sole property of Orkona.
B. Approval of Sales Tools.
All Sales Tools must be submitted to Orkona for written approval prior to use. Orkona reserves full discretion to approve or reject submitted content. The review process typically requires up to three (3) weeks. To comply with evolving laws and platform policies, Orkona may revoke prior approval at any time and require the Customer, Member, or Affiliate to cease use and remove the Sales Tool from circulation at their own expense. If approved, written confirmation will be issued via email.
C. Product Claims.
Customers, Members, or Affiliates may only make factual, supportable claims about Orkona’s digital products that are found in official Orkona publications or authorized marketing materials. No unauthorized claims—explicit or implied—regarding the effectiveness, earning potential, or outcomes of using Orkona’s products may be made. Under no circumstances may a Customer, Member, or Affiliate represent Orkona’s digital products as therapeutic, medical, psychological, or financial guarantees.
D. No Altering of Digital Products.
Customers, Members, or Affiliates are strictly prohibited from modifying, reproducing, translating, reverse-engineering, or redistributing Orkona’s digital products in any way.
E. No Endorsement Claims.
No Customer, Member, or Affiliate may claim or imply that Orkona or its digital products, marketing plan, or operations are endorsed or approved by any government authority or regulatory body unless such endorsement is clearly stated on the official Orkona website.
F. Income Claims Prohibition.
Customers, Members, or Affiliates are prohibited from making any false, deceptive, or misleading income claims. If an income claim is made, it must be factually supported by actual earnings and accompanied by Orkona’s most recent Annual Average Income Disclosure, which must be provided to the prospect at the same time. Any hypothetical examples must be clearly labeled as such and accompanied by an appropriate disclaimer.
G. Use of Trademarks and Copyrights.
1. Orkona may license the use of its registered trademarks to Customers, Members, or Affiliates under a formal licensing agreement. To request such a license, the Customer, Member, or Affiliate must contact Orkona customer support.
2. No Customer, Member, or Affiliate may use Orkona’s current or future trademarks, or any confusingly similar versions, in any way that may mislead others regarding the source, origin, or affiliation of a product or service.
3. Without a license, Customers, Members, or Affiliates may not use Orkona’s trademarks in a business name, email address, website domain (URL), social media handle, or any online identifier. If a license is granted for a Company-Licensed Website, the Customer, Member, or Affiliate agrees to all terms, including Orkona’s ongoing ownership of all associated trademarks and the right to revoke use at any time. Orkona reserves the right to acquire such domain names by reimbursing only the nominal registration fee.
4. Any domain, handle, or account registered in violation of this policy must be transferred to Orkona immediately upon request. This obligation survives the termination of any agreement between the parties.
5. Orkona trademarks may not be used on unapproved Sales Tools or in unauthorized training content.
6. Orkona will determine in its sole discretion whether a name or term is confusingly similar to its trademarks.
7. Customers, Members, or Affiliates may not use Orkona trademarks in countries or jurisdictions where such use is not permitted by law.
8. No Customer, Member, or Affiliate may use the names, logos, or branding of Orkona’s partners, vendors, or software providers in any Sales Tools, emails, or advertisements without express written consent.
9. All Orkona media, videos, documents, and training materials are copyrighted and proprietary. No part of such materials may be copied, distributed, altered, or reproduced in any form without prior written permission from Orkona.
H. Use of “Independent Customer, Member, or Affiliate” in Advertising.
If a Customer, Member, or Affiliate selects a business title, the title must clearly state that the Customer, Member, or Affiliate is an “Orkona Independent Customer, Member, or Affiliate.” A Customer, Member, or Affiliate’s title may not imply that the Customer, Member, or Affiliate is an employee or agent of the Company.
Each time the Company’s logo or name is used in writing and in relation to the Customer, Member, or Affiliate, the Customer, Member, or Affiliate must identify itself as an “Orkona Independent Customer, Member, or Affiliate.”
I. Methods of Advertising.
Customers, Members, or Affiliates may advertise using the following means:
Newspaper: A Customer, Member, or Affiliate may place a generic business opportunity advertisement in the classified section of a local newspaper, provided the advertisement conforms to all applicable laws and regulations.
Phone Directory: Any Customer, Member, or Affiliate may place a text listing of its name in the white or yellow pages of a telephone directory followed by “Orkona Independent Customer, Member, or Affiliate.” Graphical and display ads in telephone directories are prohibited.
Electronic Mail Advertisements: All advertisements sent via e-mail, telephone, or facsimile must comply with all anti-spamming laws for the state or country where the intended recipient resides. The Customer, Member, or Affiliate is under obligation to research and comply with all laws concerning unsolicited commercial e-mail.
Television and Radio: Television and radio advertising requires prior written approval from the Company. Requests should be submitted through customer support.
Celebrity Endorsement: A Customer, Member, or Affiliate may use a celebrity endorsement with written approval from the Company and the specific, prior, written approval of the endorsing celebrity for each use of the celebrity's name.
Fairs, Swap Meets, Etc.: A Customer, Member, or Affiliate may sell or promote Products at bazaars, flea markets, fairs, swap meets, tradeshows or other similar gatherings only at a price of no less than the Customer, Member, or Affiliate price of the products listed on the website.
Internet Auction Sites: A Customer, Member, or Affiliate may sell or facilitate the sale of Product on Internet websites where an auction is the mode of selling or buying (e.g., eBay), so long as the product has a minimum reserve selling price of no less than the Customer, Member, or Affiliate price of the product on the website. A Customer, Member, or Affiliate may not use a third party to place Product on auction websites or sell Product to a third party if the Customer, Member, or Affiliate knows, or has reason to know, that such Product will be sold on auction websites for less than the Customer, Member, or Affiliate price of the product. The provisions of this Section survive the termination of the Contract.
J. Advertising at Company Sponsored Events.
At Company-sponsored events, Customers, Members, or Affiliates may not, unless specifically authorized in writing by the Company, advertise, sell, or promote non-Company products or services, including, but not limited to:
(i) the promotion of non-Company events, systems or materials,
(ii) organized person to person solicitations,
(iii) distribution of flyers, DVDs or other materials, or
(iv) the use of any other form of promotion deemed inappropriate by the Company.
K. Internet Advertising.
Subject to the provisions herein, Customers, Members, or Affiliates may use only a Company Licensed Website to promote Products or the business opportunity over the Internet. Promoting Products or the business opportunity through an unlicensed Internet website is strictly prohibited. Customers, Members, or Affiliates that wish to operate a Company Licensed Website must meet the following criteria:
1. A Customer, Member, or Affiliate may not enter into a website licensing agreement until it has completed a website training course given by the Company.
2. All licensed websites must first be reviewed and approved by the Company as Sales Tools. Licensed websites must be Company-specific and may not advertise, promote, or link to any other product or opportunity
3. Customers, Members, or Affiliates may not use any key words or meta tags to advertise any licensed website on the Internet if the search words or meta tags explicitly or implicitly present illegal or unsubstantiated health or income claims.
4. The Company may revoke the license for any previously approved website at any time and for any reason, including changes to federal and local laws and regulations.
5. Customers, Members, or Affiliates may promote the business opportunity and Products on social networking sites such as “Facebook” and “Twitter;” video sites such as “YouTube” and “Google Video;” and blogging sites such as “Wordpress” and “Blogger” (collectively “Social Media Sites”), provided the following conditions are met:
a. All text, audio and video postings do not contain Product or income claims. For Product information, Customers, Members, or Affiliates may refer viewers to their Orkona replicated website, the Company website, or a Company Licensed Website;
b. Videos posted to Social Media Sites must show the text “Orkona Independent Customer, Member, or Affiliate” for the entirety of the video;
c. The Company may monitor the Social Media Sites for compliance with the Contract and Customer, Member, or Affiliate agrees to immediately remove or modify the Social Media Sites upon the Company’s request to comply with the Contract.
L. Advertising and Selling Price of Products on the Internet.
Customer, Member, or Affiliate acknowledges and agrees that the advertising and selling of all Products on the Internet may only be done on a Company Licensed Website and the advertising and selling price of all Products on such website (i) if sold to an Applicant, must not be lower than the Customer, Member, or Affiliate price of the Products plus reasonable shipping and the amount the Company charges for taxes, handling. In connection with this Section, the Customer, Member, or Affiliate also agrees that all advertising regarding the price of Products will be truthful and will not contain misleading statements (e.g. "lowest price available" which infers that a Customer, Member, or Affiliate is able to sell the Products at a price lower than other Customers, Members, or Affiliates, etc.).Customer,Member, or Affiliate acknowledges and agrees that he or she shall not advertise or sell anyProducts on the Internet which were purchased from another Customer, Member, or Affiliate. Anyviolation of this Section by a Customer, Member, or Affiliate shall constitute a breach of theContract and will be subject to termination of Customers, Members, or Affiliateship.
M. Mass Communications.
For purposes of this Section, “Mass Communications” are defined ascommunications intended to reach twenty (20) or more Customers, Members, or Affiliates in thesender’s Downline Organization or at least three Customers, Members, or Affiliates who arecrossline, within a seven (7) day period. The following rules apply to all Mass Communicationsissued by a Customer, Member, or Affiliate:
1. Customers, Members, or Affiliates targeted to receive the Mass Communications musthave knowingly “opted in” to hear or receive the Mass Communication
a. through registration (if the Mass Communication will be received at an event orwebinar); and/or
b. through an affirmative request if the Mass Communication is delivered through anemail or on a website.
2. If by e-mail, there must be an “opt out” feature prominently displayed in the MassCommunication.
3. The Mass Communication must comply with the terms of this Section.
4. The following disclaimer shall be prominently positioned in all Mass Communications that promote any particular building method:
There are many methods and techniques used successfully for building your Orkona business. The building method promoted [in/at] this [website/webinar/email/ meeting/] may be different from that which is taught by your upline. Please consult with your upline if they have taught you a different building method or if you have any questions.
5.Customer, Member, or Affiliate acknowledges that allowing the Customer, Member, or Affiliate to create databases of Customer, Member, or Affiliate information for Mass Communications, the sale of tools, and for any other purposes constitutes the use of Company Confidential Information, which information is the Company’s trade secrets, and such use can be a substantial financial benefit to the Customer, Member, or Affiliate. Customer, Member, or Affiliate acknowledges that he or she is subject to the CrossCompany Recruiting obligations set forth in this agreement and shall survive the termination of the Contract.
N. Lead Distribution.
Persons who are outside the Company network often make inquiries to the Company about its Products. If the Company is able to determine that the inquiring Person received the information from a specific Customer, Member, or Affiliate or that there is a particular Customer, Member, or Affiliate that the Person is acquainted with, every attempt will be made to refer the Person to that Customer, Member, or Affiliate. If an association with a particular Customer, Member, or Affiliate cannot be determined, final judgment with respect to the positioning of leads remains the right of the Company.
O. Public Relations Matters.
The Company encourages Customers, Members, or Affiliates to use personal media coverage to expand and build their business; however, certain situations require the Customer, Member, or Affiliate to contact the Company. These would include:instances where the story or medium has national potential;cases where the story calls for a wider Company/Product perspective; and/orwhen the Customer, Member, or Affiliate is questioned about Company sales figures and/or business strategies.
P. Retail or Service Establishments:
A Customer, Member, or Affiliate may sell Products or promote the business opportunity through Retail or Service Establishments as long as
i) The display of Independent Customer, Member, or Affiliate information within the premises of a Retail or Service Establishment is clearly indicated, and
ii) the product is not sold for an amount less than the Customer, Member, or Affiliate price of the product as shown on the website.
Section 6 Breach of Contract Procedures
A. Conditional Obligations.
The Company’s obligations to a Customer, Member, or Affiliate are conditioned upon the Customer, Member, or Affiliate’s faithful performance of the terms and conditions of the Contract. The Company, in its sole discretion, will determine if a Customer, Member, or Affiliate is in breach of the Contract and may elect any or all available remedies.
B. Remedies.
In the event of breach, the Company may elect to take no action or to exercise some or all contractual remedies and remedies at law or in equity, including, but not limited to:
1. Notify the Customer, Member, or Affiliate either in writing or verbally of the breach and providing a notice to cure the breach;
2. Require from the Customer, Member, or Affiliate additional assurances of future compliance;
3. Withhold or deny recognition and attendant perks;
4. Assess damages and withhold them from commission payments;
5. Suspend Customer, Member, or Affiliate Rights temporarily or permanently;
6. Seek injunctive relief;
7. Terminate the Contract; and
8. Seek damages and associated costs.
C. Reporting Contract Breaches.
If a Customer, Member, or Affiliate observes or is aware of another Customer, Member, or Affiliate’s violation of any term or condition of the Contract, the observing Customer, Member, or Affiliate shall submit a written complaint to the Company’s support department through email. Because of the difficulties of investigating and asserting appropriate remedies for stale claims, any complaint for breach of the terms and conditions of the Contract other than Cross-Company Recruiting must be brought to the Company’s attention for review within eighteen (18) months of the start of the alleged violation; Cross-Company Recruiting violations must be brought to the Company’s attention within six (6) months of the alleged violation. Failure to report a violation within that time period may result in the Company not pursuing the allegations in order to prevent the Customer, Member, or Affiliate Business from being disrupted due to stale claims. However, this policy does not waive the Company’s right to investigate and discipline Customers, Members, or Affiliates found guilty of the stale claims.
D. Circumvention of the Contract.
The Contract is designed to protect Customers, Members, or Affiliates and the Company from the adverse consequences of their violation. Customers, Members, or Affiliates who intentionally circumvent the Contract to accomplish indirectly what is prohibited directly will be disciplined as if the applicable policy or rule had been broken directly. In such circumstances, all of the available remedies as stated above will be available to the Company. The Contract is not intended to give a Customer, Member, or Affiliate the right to enforce the Contract against another Customer, Member, or Affiliate directly, or to take any legal action against another Customer, Member, or Affiliate.
Section 7 Termination
A. Termination.
1. Customer, Member, or Affiliate may terminate the Contract by writing a request to support to terminate, by calling customer support, by written mail, or on the Personal Info page of the back office of the website.
2. The Company may terminate the Contract if the Customer, Member, or Affiliate violates the terms of the Contract and any amendments thereto.
3. Upon termination, the Company may in its sole discretion retain the Customers, Members, or Affiliateship or dissolve and remove it from the Compensation plan.
B. Return of Confidential Information.
A Customer, Member, or Affiliate must return all Confidential Information, including any information derived therefrom, over which he or she has direct or indirect control to the Company upon termination or upon demand of the Company. If any such Confidential Information cannot be returned because it is in electronic format, the Customer, Member, or Affiliate shall permanently delete and erase the Confidential Information upon termination or upon demand.
C. Buyback.
If a Customer, Member, or Affiliate is in breach, the Company reserves the right to stop or delay the buy-back process set forth in this Contract.
D. Effects of Termination for Breach of Contract.
1. A Customer, Member, or Affiliate whose Contract is terminated by the Company must wait six (6) months before applying for a new Customers, Members, or Affiliateship. During that time, the Customer, Member, or Affiliate can have no Beneficial Interest in any other Customers, Members, or Affiliateship.
2. Upon termination of the Contract, all of the Customer, Member, or Affiliate’s rights inand to the Customers, Members, or Affiliateship and the Customer, Member, or AffiliateBusiness are revoked and terminated. In acknowledgement of the damages the Companyhas likely suffered and/or will suffer as a result of Customer, Member, or Affiliate's breach,including but not limited to, all or any of the following: (i) loss of good will and loss in thevalue of the Company’s confidential and proprietary information and trade secrets; (ii) loss ofa portion of the value of the Company’s business; and (iii) loss of future profits; Customer,Member, or Affiliate consents that any unpaid Commissions may be forfeited to the Companyto offset a portion of the damages.
3. The Company may elect to reorganize the Downline Organization of a Customers,Members, or Affiliateship terminated for breach in a manner that serves the best interests ofthe Company, Downline Organization and Upline.
4. Where the Company elects to terminate a Customers, Members, or Affiliateship inwhich there is more than one Beneficial Interest holder, the following may apply: a. thedeparting Beneficial Interest holder(s) must relinquish all rights to, and interests in, theCustomers,Members, or Affiliateship; b. The Company may not divide or reassign any of the DownlineOrganization; and c. The Company may not split Commissions between the prior or currentBeneficial Interest holders of the Customers, Members, or Affiliateship
E. Effects of Voluntary Termination by the Customer, Member, or Affiliate.
1. The Contract can be voluntarily terminated by a Customer, Member, or Affiliate who is not inbreach of the Contract for any reason, at any time, by providing written notice to the Companysigned by all Person(s) listed on the Customer, Member, or Affiliate Agreement. The termination iseffective on the date the Company receives the written notice. If a Customer, Member, or Affiliate isin breach of the Contract, he or she cannot voluntarily or unilaterally terminate the Contract
2. Upon termination of the Contract, all of the Customer, Member, or Affiliate’s rights in and tothe Customers, Members, or Affiliateship and the Customer, Member, or Affiliate Business arerevoked and terminated.
3. A Customer, Member, or Affiliate who voluntarily terminates Customers, Members, orAffiliateship and is not in breach of the Contract may rejoin under a new Customers, Members, orAffiliateship under the same or a new enroller at any time.
4. A Customer, Member, or Affiliate may not terminate voluntarily if the Customers, Members, orAffiliateship is not in good standing with the Company, as may be evidenced by, but not limited to,any of the following conditions: (i) a temporary Customers, Members, or Affiliateship; (ii) aCustomers, Members, or Affiliateship is on hold, suspension or probation; (iii) the Customers,Members, or Affiliateship is under investigation, but no formal discipline has taken place; or (iv)notice of intent to terminate has been sent.
Section 8 Miscellaneous
A. Entire Agreement.
The Contract contains the entire understanding concerning the subject matter hereof between Orkona and the Customer, Member, or Affiliate, and is intended as a final, complete, and exclusive expression of the terms of the parties. This Contract supersedes and replaces all prior negotiations and proposed, but unexecuted agreements, either written or oral. Any prior agreements, promises, negotiations, or representations, either written or oral, relating to the subject matter of this Contract, are of no force or effect. If there is any discrepancy between verbal representations made to the Customer, Member, or Affiliate by any employee or agent of Orkona and the terms of the Contract, the express written terms and requirements of the Contract will prevail.
B. Headings.
The section and subsection headings in the Contract are inserted solely as a matter of convenience and for reference, and will not be considered in the construction or interpretation of any provision hereof. Unless the context otherwise specifically requires, all references to sections of the Contract will refer to all subsections thereof.
C. Modifications by Orkona.
Orkona reserves the right to make any modifications to the Contract, provided that the modifications are communicated by Orkona to the Customer, Member, or Affiliate at least thirty (30) days prior to taking effect. Orkona may communicate these modifications by posting any portion of the modified Contract on Orkona’s website, or by any other method of communication. The Customer, Member, or Affiliate is deemed to have accepted the modification to the Contract if the Customer, Member, or Affiliate engages in any Customer, Member, or Affiliate Business, renews its Customers, Members, or Affiliateship, or accepts Commissions after the thirty (30) day period is ended.
D. Warranties.
Orkona extends no product warranties, either expressed or implied, beyond those specifically articulated in the Contract. Orkona disclaims and excludes all warranties regarding possible infringement of any United States or foreign patent, trademark, trade name, copyright, or trade secret arising from the Customer, Member, or Affiliate’s operations. ORKONA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
E. Waiver.
Any waiver by Orkona of a Customer, Member, or Affiliate’s breach of a Contract provision must be in writing and will not be construed as a waiver of any subsequent or additional breach by the Customer, Member, or Affiliate. The failure by Orkona to exercise any right or privilege under the Contract will not constitute a waiver of that right or privilege.
F. Severability.
If any term or condition of this Contract is judicially invalidated, prohibited, or otherwise rendered unenforceable in any jurisdiction, it is unenforceable only to the extent of the invalid, prohibited or unenforceable provision in that jurisdiction only, and it will not render unenforceable or invalidate any other provision of the Contract, nor will the Contract be rendered unenforceable or invalidated in another jurisdiction. Furthermore, any provision found unenforceable may be partly enforced to the maximum extent enforceable under the law.
G. Force Majeure.
Customer, Member, or Affiliate acknowledges that Orkona is not liable for any damages or losses caused by the delay or inability to manufacture, sell, or deliver its products due to labor strikes, accidents, fire, flood, acts of civil authority, acts of God, acts of terrorists, or from any other causes that are beyond the control of Orkona.
H. Governing Law, Arbitration Injunctive Relief.
The State of Florida is the place of the origin of this Contract and is where Orkona accepted the offer of the Applicant to become a Customer, Member, or Affiliate and where the Customer, Member, or Affiliate entered into the Contract with Orkona. The Contract is therefore to be construed in accordance with the laws of the State of Florida (without giving effect to any conflict of law provision or rule) as to contracts made and to be wholly performed within the State. Any controversy or claim arising out of or relating to the Contract or the breach thereof, or any controversy or claim relating to the business relationships arising between Customers, Members, or Affiliates shall be resolved by mandatory, final, binding, nonappealable arbitration in Jupiter, Florida, United States of America.
I. Attorneys Fees.
If any suit, action, or proceeding is brought to enforce any term or provision of this Contract, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses incurred, in addition to any other relief to which such party may be legally entitled.
J. Successors and Assigns.
The Contract will be legal and binding upon and inure to the benefit of the heirs, devisees, executors, administrators, personal representatives, successors, and assigns (as applicable) of the respective parties hereto.
K. Limitation of Liability.
To the extent permitted by law, Orkona, its directors, officers, members, managers, shareholders, employees, assigns and agents (collectively referred to as “Responsible Parties”) shall not be liable for, and the Customer, Member, or Affiliate releases Orkona and its Responsible Parties from and waive all claims, for any loss of profits, indirect, direct, special or consequential damages, and for any other losses incurred or suffered by Customers, Members, or Affiliates as a result of:
(i) Customer, Member, or Affiliate’s breach of the Contract,
(ii) the promotion or operation of the Customers, Members, or Affiliateship and the Customers, Members, or Affiliateship Business;
(iii) Customer, Member, or Affiliate’s incorrect or wrong data or information provided to Orkona or its Responsible Parties; or
(iv) the Customer, Member, or Affiliate’s failure to provide any information or data necessary for Orkona to operate its business.
EACH CUSTOMER, MEMBER, OR AFFILIATE AGREES THAT THE ENTIRE LIABILITY OF ORKONA AND ITS RESPONSIBLE PARTIES FOR ANY CLAIM WHATSOEVER RELATED TO THE CONTRACT, BUT NOT LIMITED TO, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR EQUITY, SHALL NOT EXCEED, AND SHALL BE LIMITED TO, THE AMOUNT OF PRODUCTS THE CUSTOMER, MEMBER, OR AFFILIATE HAS PURCHASED FROM ORKONA THAT ARE IN RESALABLE CONDITION.
As of May 28, 2025
The Terms and Conditions of Orkona contained herein are established to explain and define the rights and responsibilities of Orkona and its Independent Customers, Members, or Affiliates. While the majority of these Terms and Conditions are focused on being an Affiliate in Orkona, they apply to everyone, including Customers and Members as well.
Each Independent Customer, Member, or Affiliate agrees, without reservation, to all the terms and conditions contained herein and holds Orkona free from any and all liability that may result from this agreement between the Independent Representative and Orkona.
CODE OF CONDUCT DECLARATION
Orkona (subsequently referred to as the “Company”) has established the following Code of Conduct to guide the appropriate, efficient, and ethical operation of the Company. We require our Customers, Members, or Affiliates to abide by the letter and spirit of this code, which forms a binding contract with all registered participants of Orkona.
1. Customer, Member and Affiliate Obligations
Orkona Customers, Members, or Affiliates will:
a. Conduct themselves in an ethical and professional manner;
b. Promote and offer the Company’s digital products, services, or educational materials in accordance with the compensation plan;
c. Make it clear that success in the Company’s compensation model is primarily based on product value and customer satisfaction rather than recruitment;
d. Represent the compensation plan only as officially provided and approved by the Company;
e. Be honest and accurate in their description of Orkona’s offerings, and refrain from making any product or earnings claims not supported by official Company documentation;
f. Comply fully with all applicable local and international consumer protection laws and digital marketing regulations;
g. Maintain updated and accurate information on their profile including physical address, phone number, email address, identification details, method of payment, and any other relevant data required by the Company.
Orkona Members will not:
a. Engage in deceptive, illegal, or unethical sales or recruitment practices;
b. Use high-pressure tactics for sales or recruitment purposes;
c. Make false or unsubstantiated claims about Orkona’s products or services;
d. Provide misleading or unrealistic income guarantees;
e. Sponsor or enroll individuals who are minors or otherwise legally unable to give informed consent;
f. Conduct business in countries or jurisdictions not officially approved for Orkona operations;
g. Manipulate or purchase volume on another Customer or Member’s account to fraudulently qualify for bonuses or commissions;
h. Seek in any way to violate or circumvent Orkona’s stated policies and procedures.
Section 1: Becoming a Customer, Member, or Affiliate
A. Age of Majority.
In order to become a Customer, Member, and/or Affiliate, all applicants must have reached the age of majority — typically eighteen (18) years of age — in the jurisdiction where they reside.
B. Enrollment Authorization.
A new Customer, Member, and/or Affiliate is authorized by the Company to operate under the Orkona opportunity once they complete the required fields on any of the official join or upgrade pages on the Orkona website.
C. Acceptance Rights.
The Company retains full discretion to accept, reject, or terminate any application or account for Customer, Member, or Affiliate status.
D. Legal Eligibility.
A Customer, Member, or Affiliate may be required to present proof of legal residency, employment authorization, or any other documentation necessary to confirm their ability to conduct business in the country or territory in which they operate.
E. Required Purchase.
There are no mandatory product purchases required to maintain status as a Customer, Member, or Affiliate in Orkona.
F. Business Entities.
If a Customer, Member, or Affiliate applies as a business entity, the applicant may be required to submit the business identification number and a Statement of Beneficial Interest, including identification and signatures of all parties holding beneficial ownership. The Company reserves the right to request supporting documents such as articles of incorporation, organization, or other legal entity formation records at any time.
G. Identification Number.
For tax reporting and identity verification purposes (as permitted by law), Orkona requires applicants to submit a personal or business identification number. Failure to comply may result in rejection of the application, suspension of account, or withholding of commissions.
H. Inaccurate Information.
If Orkona determines that inaccurate or false information was submitted, it reserves the right to immediately terminate or void the agreement retroactively. Customers, Members, or Affiliates are required to keep their information up to date and report any changes affecting the accuracy of their account details.
I. Term.
The agreement is valid for a period of one (1) year from the date of enrollment. After this period, the agreement will automatically renew each year provided the account remains active and in good standing with Orkona.
J. Non-Exclusive Territory.
No Customer, Member, or Affiliate shall receive exclusive rights to any specific geographical area or market. No exclusive franchise or territory rights are granted, nor may any individual claim or suggest otherwise.
Section 2: Obligations of Customers, Members, or Affiliates and Managing Status
A. Compliance.
All Customers, Members, or Affiliates are required to fully comply with these Terms and Conditions at all times.
B. Independent Contractor Status.
All Orkona Customers, Members, and Affiliates act as independent contractors. They are fully responsible for their own operations, expenses, and decisions.
1. Customers, Members, or Affiliates shall not represent themselves as employees, partners, agents, or legal representatives of Orkona. They may not enter into agreements or make purchases in the name of the Company.
2. Business decisions, operating hours, and strategies are the sole responsibility of the individual. The Company does not dictate such matters, nor should any statements be made suggesting otherwise.
3. Each Customer, Member, or Affiliate is fully responsible for any verbal or written statements they make regarding Orkona’s Products, Services, or Compensation Plan that are not explicitly contained in official Company materials. Orkona will not be held liable for such unauthorized statements, and the individual agrees to indemnify the Company for any damages or legal actions resulting from such statements. This clause remains in effect even after contract termination.
C. Compliance with Laws.
All Customers, Members, and Affiliates must operate their Orkona business in full compliance with local, regional, and international laws and regulations, including those governing marketing practices, online sales, business operations, and tax obligations. No products or services may be marketed below their wholesale price, and all practices must adhere to fair business conduct laws.
D. Unauthorized Offerings.
No Customer, Member, or Affiliate may offer, promote, or distribute non-Orkona incentives, business models, or marketing tools in conjunction with the promotion of Orkona products or the compensation plan unless explicitly approved in writing by the Company.
E. Retail Sales Commitment.
Success in the Orkona Affiliate Program requires consistency, effort, and sales activity. There are no guaranteed earnings — all commissions are earned based on actual performance and results. Regular and repeated retail sales, both personally and within the downline, are essential to business growth.
F. Negative Statements.
Customers, Members, or Affiliates shall refrain from making disparaging or misleading comments about:
1. Orkona, its Products, Services, or its Customers, Members, or Affiliates;
2. Competing businesses, their offerings, or their operations.
G. Ethical Conduct.
All Orkona participants are expected to uphold the highest standards of professionalism. No unethical behavior will be tolerated, including—but not limited to—the following:
1. Use of another Customer’s, Member’s, and Affiliate’s credit card withoutexpress written permission;
2. Unauthorized use of any Company Confidential Information;
3. Cross-Company Recruiting (including aiding and abetting another toCross-Company Recruit);
4. Making unapproved claims about the Product;
5. Making income claims about the Affiliate Business which are notcompliant with the provisions of the Terms and Conditions;
6. Making false statements or misrepresentation of any kind, including butnot limited to: untruthful or misleading representations or sales offersrelating to the quality, availability, grade, price, terms of payment, refundrights, guarantees, or performance of Products;
7. Personal conduct that discredits the Company and/or its Customers,Members, or Affiliates;
8. Violating the laws and regulations pertaining to the Affiliate Business;
9. Failing to meet Customer, Member, or Affiliate responsibilities;
10. Violating the Code of Ethics; or
11. Violating the Terms and Conditions.
G. Resolving Disputes.
A Customer, Member, or Affiliate must conduct all activity in the best interestsof the Company. Upline leaders shall use their best efforts to resolve disputes in their DownlineOrganizations. Any personal disputes between Customers, Members, or Affiliates must beresolved quickly, privately, and in the best interests of the Company.
H. No Claims of Unique Relationship.
A Customer, Member, or Affiliate may not allege or imply thathe or she has a unique relationship with, advantage with, or access to the Company executives oremployees that other Customers, Members, or Affiliates do not have.
I. Detrimental Conduct.
If any conduct by a Customer, Members, and Affiliate is determined by theCompany to be injurious, disruptive, or harmful to the Company or to other Customers, Members, orAffiliates, the Company may take appropriate action against a Customer, Member, and/or Affiliate asthe company deems necessary.
J. No Reliance.
A Customer, Member, or Affiliate may not rely on the Company to provide legal, tax,financial, or other professional advice, nor may it rely on any such advice if given.
K. Insurance.
The Company encourages its Customers, Members, or Affiliates to consult with anattorney regarding the extent of their personal legal liability with respect to their independentbusinesses.
L. Privacy of Customer’s, Member’s, and Affiliate’s Information.
Customers, Members, or Affiliatesauthorize the Company to disclose its contact information to the Affiliate’s Downline Organization.
M. Notification of Adverse Action.
A Customer, Member, or Affiliate shall immediately notify theCompany in writing of any potential or actual legal claims from third parties against the Customer,Member, or Affiliate arising from, or associated with, the Customer’s, Member’s, and Affiliate’sBusiness or the Downline Organization that may adversely affect the Company. After notifying theCompany, the Company may take any action necessary to protect itself, including controlling anylitigation or settlement of the legal claims. If the Company takes action in the matter, the Customers,Members, or Affiliates shall not interfere or participate in the matter.
N. Release for use of Photo, Audio, or Video Image, and/or testimonial Endorsement. The Companymay take photos, audio or video recordings, or written or verbal statements of a Customer,Member, or Affiliate at Company events or may request the same directly from a Customer,Member, or Affiliate. The Customer, Member, or Affiliate agrees to and hereby grants theCompany the absolute and irrevocable right and permission, to use, re-use, broadcast,rebroadcast, publish, or republish any such photo, audio, video, or endorsement, in all or in part,individually or in conjunction with any other photograph or video, or any other endorsement, inany current or future medium and for any purpose whatsoever, including (but not by way oflimitation) marketing, advertising, promotion, and/or publicity; and to copyright such photographand/or video, in the original or as republished, in the name of the Company, or in any other name.Regardless of any other agreements or contracts the Customer, Member, or Affiliate may havewith any other entity, the Customer, Member, or Affiliate agrees that any use by the Company asset forth in this Section shall be royalty free, is a work made for hire, and is not subject to anyother claim. The Customer, Member, or Affiliate agrees to defend and indemnify the Companyagainst any claims by any other party arising out of the Company's use of the rights grantedherein. The Customer, Member, or Affiliate confirms that the information he or she may give as atestimonial endorsement, or as represented in a photograph, video or audio is true and accurateto the best of his or her knowledge. The Customer, Member, or Affiliate waives any right he or shemay have to inspect or approve the finished or unfinished product(s), the advertising copy,printed, recorded, photographic or video matter which may be used in connection with it or anyuse that may be made of it.
O. Conducting the Customer, Member, or Affiliate Business Internationally.
A Customer, Member, orAffiliate has the right to operate in any Authorized Country where the Customer, Member, orAffiliate may lawfully conduct the Customer, Member, or Affiliate Business. It is a Customer,Member, or Affiliate’s responsibility to comply with all national and local laws, ordinances, andregulations when conducting Customer, Member, or Affiliate Business in any Authorized Country.
1. Only with the Company’s approval, a Customer, Member, or Affiliate may attempt to secureapproval, licensing, distribution and/or registration for products or business practices,trademarks, trade names, or internet domain names; or establish any kind of business ininternational countries and markets on behalf of the Company.
2. A Customer, Member, or Affiliate may not sell, distribute, license, or register products orbusiness practices, use trademarks, trade names or internet domain names in any countrywithout approval of the company.
3. A list of countries where business is approved will be available on the website.
Section 3 Compensation
Orkona Customers, Members, or Affiliates may participate in our compensation program as outlined on the Pay Plan page of the website.
Commissions are paid as outlined on the Pay Plan page of the website. All Customers, Members, or Affiliates understand BEFORE becoming a member or purchasing any product that there are NO GUARANTEED EARNINGS. Customers, Members, or Affiliates understand that any and all content on the website is not to reflect earnings, but to be used only for demonstration purposes and as a representation of company growth and does not mean anything in terms of commissions.
Customers, Members, or Affiliates should not participate in Orkona under the expectation of earning income without referring new Customers, Members, or Affiliates and Customers. Neither Orkona, nor its Customers, Members, or Affiliates can guarantee "spillover" or earnings simply by becoming a Customer, Member, or Affiliate. Orkona Customers, Members, or Affiliates should not participate in the Orkona opportunity if they are not planning on sharing the products with others.
Most Customers, Members, or Affiliates earn less money each month in the compensation program than they are paying for their products. Although it is possible, Orkona Customers, Members, or Affiliates should NOT expect to make a profit simply by becoming a Customer, Member, or Affiliate as it is very possible that will not occur.
Orkona cannot guarantee that Customers, Members, or Affiliates earn a profit by implementing the training materials provided. The products are for educational purposes only. No Customer, Member, or Affiliate should spend money that they cannot afford to lose to purchase products, advertising materials, or anything else related to Orkona. It is possible that you will NOT earn any income as a Customer, Member, or Affiliate of Orkona.
A. Earnings.
Commissions are paid to Customers, Members, or Affiliates who qualify pursuant to the Compensation Plan and who are in compliance with the Contract. A Customer, Member, or Affiliate’s success is only achieved through the regular and repeated purchase of products and the regular and repeated product sales by its Downline Organization. As the success of any Customer, Member, or Affiliate depends largely on the personal efforts of that Customer, Member, or Affiliate, the Company does not guarantee any level of profit or success, nor does it guarantee a Customer, Member, or Affiliate a specific income. A Customer, Member, or Affiliate does not receive compensation for sponsoring or recruiting other Customers, Members, or Affiliates. The only way to earn Commissions is through the sale of Products.
B. Payment.
The Company will pay Commissions to qualified Affiliates on Product orders and Memberships which:
(i) are received by the Company before the end of the Commission period, and
(ii) have been fully paid with appropriate payment.
1. Commissions are paid in the name of the Person or Business Entity listed in Payment Option link on the My Earnings section of the website. When no payment option is selected, commissions will be held until selected.
C. Commission Payments.
In the event that a Commission payment does not arrive to an Affiliate and has been returned to the company, the company will resend the commission at no additional charge.
D. Minimum Payment Amount.
Affiliates will select how they choose to get paid on the Payment Options page of the website. The minimum amount for payment of commission payments is ten dollars ($60 USD). Commissions less than the minimum for a pay period will accumulate until they equal or exceed the minimum payment amount.
E. Returned or Unpaid Payments.
The Company makes every effort to ensure that an Affiliate receives its commission payments. However, if a commission payment is unpaid due to insufficient information or other reasons beyond the control of the Company, the payment will be held for the benefit of the Customer, Member, or Affiliate for 90 days. After such 90 days, a monthly maintenance charge of ten dollars ($10 USD or equivalent local currency) will be deducted from the Affiliate’s payment.
F. No Manipulation.
Manipulation of the Compensation Plan is not permitted and may result in disciplinary action. Manipulation of the Compensation Plan includes, but is not limited to, an Affiliate purchasing, to qualify for various Ranks or Commissions, large quantities of Product that are not sold through the direct marketing channel, placing orders in his/her Downline Organization, and any other actions that may violate state, federal or foreign anti-pyramid scheme laws. Such manipulations may, in the discretion of the Company, result in the suspension of Commissions and termination of the Affiliate.
G. Deductions and Offsets. Affiliates authorize the Company to deduct fees from its Commissions as outlined on the Payment Option page and/or as deemed appropriate at the sole discretion of the Company.
Section 4 Ordering Company Products
A. Inventory. As the Company imposes no specific minimum inventory requirement on its Customers, Members, or Affiliates, a Customer, Member, or Affiliate must use its own judgment to determine the amount of inventory it will need to sustain its projected personal use.
B. Ordering. Products can be ordered by Internet. Unless otherwise arranged, all membership payments and product purchases will be done from the company website.
C. Back Orders. If the Company is temporarily out of stock on ordered Product, a Customer, Member, or Affiliate will receive a “back order” notice with his or her shipment. Back orders are filled first as new inventory arrives. Volume on back orders is credited to the month in which payment for the original order was received by the Company.
D. Autoship Program.
1. A Customer, Member, or Affiliate may choose to participate in the Autoship Program if available on the website. When instituting Autoship program at the time of enrollment, the Customer, Member, or Affiliate Agreement serves as confirmation for the setup. An Autoship account will be charged at a set time during the month, and the Product will be shipped at a set time thereafter. The Customer, Member, or Affiliate may obtain tracking numbers from the Company after the Product is shipped for countries where tracking numbers are available. The scheduled dates for Autoship processing, account charges, shipping or account changes may be selected in the Autoship section of the OrderProduct page on the website.
2. There is no limit as to how many Autoship orders a Customer, Member, or Affiliate may haveset up or how many bottles of product are included in each Autoship order. All Autoship orders willbe shipped to the Shipping Address in the Personal Info section of the website. If an Autoship orderfails for billing reasons, the company will attempt to bill the payment method on file for each of thenext 10 days until the order goes through.
3. To change or terminate one’s Autoship order, the Customer, Member, or Affiliate may eitherselect it on their Autoship page of the Product Order section of the website, or contact customersupport. Autoship orders may be cancelled at any time prior to the order being billed.
H. Sales Tax, GST, VAT
1. Sales tax is calculated on the digital product’s purchase price and is applied according to the applicable tax rates of the jurisdiction in which the purchaser resides. Orkona collects and remits all applicable taxes to the appropriate taxing authorities. In jurisdictions where a Customer, Member, or Affiliate is registered as a withholding agent and provides Orkona with a valid “Sales and Use Tax Exemption Certificate” or its equivalent, the responsibility for tax collection and remittance falls on that Customer, Member, or Affiliate. It is the sole responsibility of the Customer, Member, or Affiliate to provide an up-to-date exemption certificate annually.
2. In jurisdictions where Goods and Services Tax (GST), Value Added Tax (VAT), or similar transaction taxes apply, such taxes will be based on the purchase price of the digital products. Orkona will provide its GST or VAT number and proper invoicing, including electronic invoices where legally permitted. GST or VAT is not included in commission payouts. Customers, Members, or Affiliates who are GST or VAT registered and are obligated to collect and remit tax on services provided may submit a valid tax invoice to Orkona for applicable GST or VAT charges on commission income.
I. Returns, Refunds, and Exchanges
Orkona offers digital products, memberships, and training content that are delivered electronically and are deemed "used" upon purchase. Due to the nature of digital content, all sales are final and non-refundable.
1. By purchasing any product or service from Orkona, Customers, Members, and Affiliates acknowledge and agree that no refunds or exchanges will be provided under any circumstances, including dissatisfaction with the content or perceived value.
2. Orkona does not accept returns or provide refunds for any digital product, regardless of whether the product was accessed, downloaded, or used.
3. As digital products are not shipped physically, there is no replacement or compensation for damage, incorrect access, or user error after the purchase is completed.
4.Affiliates understand and agree that no commissions will be reversed or adjusted due to refund requests, as refunds are not permitted under Orkona’s policies.
Section 5 – Marketing the Product and Opportunity
A. Use of Sales Tools.
A Customer, Member, or Affiliate may use only Company-approved digital marketing materials, websites, videos, funnels, or presentations ("Sales Tools") for any country in which Orkona is authorized to operate. If a Customer, Member, or Affiliate uses a third-party platform, automation tool, or fulfillment service to promote the Orkona opportunity or digital products, they must enter into a confidentiality and non-disclosure agreement (provided by Orkona) with that third party to ensure that all data remains secure and that all customer and business information remains the sole property of Orkona.
B. Approval of Sales Tools.
All Sales Tools must be submitted to Orkona for written approval prior to use. Orkona reserves full discretion to approve or reject submitted content. The review process typically requires up to three (3) weeks. To comply with evolving laws and platform policies, Orkona may revoke prior approval at any time and require the Customer, Member, or Affiliate to cease use and remove the Sales Tool from circulation at their own expense. If approved, written confirmation will be issued via email.
C. Product Claims.
Customers, Members, or Affiliates may only make factual, supportable claims about Orkona’s digital products that are found in official Orkona publications or authorized marketing materials. No unauthorized claims—explicit or implied—regarding the effectiveness, earning potential, or outcomes of using Orkona’s products may be made. Under no circumstances may a Customer, Member, or Affiliate represent Orkona’s digital products as therapeutic, medical, psychological, or financial guarantees.
D. No Altering of Digital Products.
Customers, Members, or Affiliates are strictly prohibited from modifying, reproducing, translating, reverse-engineering, or redistributing Orkona’s digital products in any way.
E. No Endorsement Claims.
No Customer, Member, or Affiliate may claim or imply that Orkona or its digital products, marketing plan, or operations are endorsed or approved by any government authority or regulatory body unless such endorsement is clearly stated on the official Orkona website.
F. Income Claims Prohibition.
Customers, Members, or Affiliates are prohibited from making any false, deceptive, or misleading income claims. If an income claim is made, it must be factually supported by actual earnings and accompanied by Orkona’s most recent Annual Average Income Disclosure, which must be provided to the prospect at the same time. Any hypothetical examples must be clearly labeled as such and accompanied by an appropriate disclaimer.
G. Use of Trademarks and Copyrights.
1. Orkona may license the use of its registered trademarks to Customers, Members, or Affiliates under a formal licensing agreement. To request such a license, the Customer, Member, or Affiliate must contact Orkona customer support.
2. No Customer, Member, or Affiliate may use Orkona’s current or future trademarks, or any confusingly similar versions, in any way that may mislead others regarding the source, origin, or affiliation of a product or service.
3. Without a license, Customers, Members, or Affiliates may not use Orkona’s trademarks in a business name, email address, website domain (URL), social media handle, or any online identifier. If a license is granted for a Company-Licensed Website, the Customer, Member, or Affiliate agrees to all terms, including Orkona’s ongoing ownership of all associated trademarks and the right to revoke use at any time. Orkona reserves the right to acquire such domain names by reimbursing only the nominal registration fee.
4. Any domain, handle, or account registered in violation of this policy must be transferred to Orkona immediately upon request. This obligation survives the termination of any agreement between the parties.
5. Orkona trademarks may not be used on unapproved Sales Tools or in unauthorized training content.
6. Orkona will determine in its sole discretion whether a name or term is confusingly similar to its trademarks.
7. Customers, Members, or Affiliates may not use Orkona trademarks in countries or jurisdictions where such use is not permitted by law.
8. No Customer, Member, or Affiliate may use the names, logos, or branding of Orkona’s partners, vendors, or software providers in any Sales Tools, emails, or advertisements without express written consent.
9. All Orkona media, videos, documents, and training materials are copyrighted and proprietary. No part of such materials may be copied, distributed, altered, or reproduced in any form without prior written permission from Orkona.
H. Use of “Independent Customer, Member, or Affiliate” in Advertising.
If a Customer, Member, or Affiliate selects a business title, the title must clearly state that the Customer, Member, or Affiliate is an “Orkona Independent Customer, Member, or Affiliate.” A Customer, Member, or Affiliate’s title may not imply that the Customer, Member, or Affiliate is an employee or agent of the Company.
Each time the Company’s logo or name is used in writing and in relation to the Customer, Member, or Affiliate, the Customer, Member, or Affiliate must identify itself as an “Orkona Independent Customer, Member, or Affiliate.”
I. Methods of Advertising.
Customers, Members, or Affiliates may advertise using the following means:
Newspaper: A Customer, Member, or Affiliate may place a generic business opportunity advertisement in the classified section of a local newspaper, provided the advertisement conforms to all applicable laws and regulations.
Phone Directory: Any Customer, Member, or Affiliate may place a text listing of its name in the white or yellow pages of a telephone directory followed by “Orkona Independent Customer, Member, or Affiliate.” Graphical and display ads in telephone directories are prohibited.
Electronic Mail Advertisements: All advertisements sent via e-mail, telephone, or facsimile must comply with all anti-spamming laws for the state or country where the intended recipient resides. The Customer, Member, or Affiliate is under obligation to research and comply with all laws concerning unsolicited commercial e-mail.
Television and Radio: Television and radio advertising requires prior written approval from the Company. Requests should be submitted through customer support.
Celebrity Endorsement: A Customer, Member, or Affiliate may use a celebrity endorsement with written approval from the Company and the specific, prior, written approval of the endorsing celebrity for each use of the celebrity's name.
Fairs, Swap Meets, Etc.: A Customer, Member, or Affiliate may sell or promote Products at bazaars, flea markets, fairs, swap meets, tradeshows or other similar gatherings only at a price of no less than the Customer, Member, or Affiliate price of the products listed on the website.
Internet Auction Sites: A Customer, Member, or Affiliate may sell or facilitate the sale of Product on Internet websites where an auction is the mode of selling or buying (e.g., eBay), so long as the product has a minimum reserve selling price of no less than the Customer, Member, or Affiliate price of the product on the website. A Customer, Member, or Affiliate may not use a third party to place Product on auction websites or sell Product to a third party if the Customer, Member, or Affiliate knows, or has reason to know, that such Product will be sold on auction websites for less than the Customer, Member, or Affiliate price of the product. The provisions of this Section survive the termination of the Contract.
J. Advertising at Company Sponsored Events.
At Company-sponsored events, Customers, Members, or Affiliates may not, unless specifically authorized in writing by the Company, advertise, sell, or promote non-Company products or services, including, but not limited to:
(i) the promotion of non-Company events, systems or materials,
(ii) organized person to person solicitations,
(iii) distribution of flyers, DVDs or other materials, or
(iv) the use of any other form of promotion deemed inappropriate by the Company.
K. Internet Advertising.
Subject to the provisions herein, Customers, Members, or Affiliates may use only a Company Licensed Website to promote Products or the business opportunity over the Internet. Promoting Products or the business opportunity through an unlicensed Internet website is strictly prohibited. Customers, Members, or Affiliates that wish to operate a Company Licensed Website must meet the following criteria:
1. A Customer, Member, or Affiliate may not enter into a website licensing agreement until it has completed a website training course given by the Company.
2. All licensed websites must first be reviewed and approved by the Company as Sales Tools. Licensed websites must be Company-specific and may not advertise, promote, or link to any other product or opportunity
3. Customers, Members, or Affiliates may not use any key words or meta tags to advertise any licensed website on the Internet if the search words or meta tags explicitly or implicitly present illegal or unsubstantiated health or income claims.
4. The Company may revoke the license for any previously approved website at any time and for any reason, including changes to federal and local laws and regulations.
5. Customers, Members, or Affiliates may promote the business opportunity and Products on social networking sites such as “Facebook” and “Twitter;” video sites such as “YouTube” and “Google Video;” and blogging sites such as “Wordpress” and “Blogger” (collectively “Social Media Sites”), provided the following conditions are met:
a. All text, audio and video postings do not contain Product or income claims. For Product information, Customers, Members, or Affiliates may refer viewers to their Orkona replicated website, the Company website, or a Company Licensed Website;
b. Videos posted to Social Media Sites must show the text “Orkona Independent Customer, Member, or Affiliate” for the entirety of the video;
c. The Company may monitor the Social Media Sites for compliance with the Contract and Customer, Member, or Affiliate agrees to immediately remove or modify the Social Media Sites upon the Company’s request to comply with the Contract.
L. Advertising and Selling Price of Products on the Internet.
Customer, Member, or Affiliate acknowledges and agrees that the advertising and selling of all Products on the Internet may only be done on a Company Licensed Website and the advertising and selling price of all Products on such website (i) if sold to an Applicant, must not be lower than the Customer, Member, or Affiliate price of the Products plus reasonable shipping and the amount the Company charges for taxes, handling. In connection with this Section, the Customer, Member, or Affiliate also agrees that all advertising regarding the price of Products will be truthful and will not contain misleading statements (e.g. "lowest price available" which infers that a Customer, Member, or Affiliate is able to sell the Products at a price lower than other Customers, Members, or Affiliates, etc.).Customer,Member, or Affiliate acknowledges and agrees that he or she shall not advertise or sell anyProducts on the Internet which were purchased from another Customer, Member, or Affiliate. Anyviolation of this Section by a Customer, Member, or Affiliate shall constitute a breach of theContract and will be subject to termination of Customers, Members, or Affiliateship.
M. Mass Communications.
For purposes of this Section, “Mass Communications” are defined ascommunications intended to reach twenty (20) or more Customers, Members, or Affiliates in thesender’s Downline Organization or at least three Customers, Members, or Affiliates who arecrossline, within a seven (7) day period. The following rules apply to all Mass Communicationsissued by a Customer, Member, or Affiliate:
1. Customers, Members, or Affiliates targeted to receive the Mass Communications musthave knowingly “opted in” to hear or receive the Mass Communication
a. through registration (if the Mass Communication will be received at an event orwebinar); and/or
b. through an affirmative request if the Mass Communication is delivered through anemail or on a website.
2. If by e-mail, there must be an “opt out” feature prominently displayed in the MassCommunication.
3. The Mass Communication must comply with the terms of this Section.
4. The following disclaimer shall be prominently positioned in all Mass Communications that promote any particular building method:
There are many methods and techniques used successfully for building your Orkona business. The building method promoted [in/at] this [website/webinar/email/ meeting/] may be different from that which is taught by your upline. Please consult with your upline if they have taught you a different building method or if you have any questions.
5.Customer, Member, or Affiliate acknowledges that allowing the Customer, Member, or Affiliate to create databases of Customer, Member, or Affiliate information for Mass Communications, the sale of tools, and for any other purposes constitutes the use of Company Confidential Information, which information is the Company’s trade secrets, and such use can be a substantial financial benefit to the Customer, Member, or Affiliate. Customer, Member, or Affiliate acknowledges that he or she is subject to the CrossCompany Recruiting obligations set forth in this agreement and shall survive the termination of the Contract.
N. Lead Distribution.
Persons who are outside the Company network often make inquiries to the Company about its Products. If the Company is able to determine that the inquiring Person received the information from a specific Customer, Member, or Affiliate or that there is a particular Customer, Member, or Affiliate that the Person is acquainted with, every attempt will be made to refer the Person to that Customer, Member, or Affiliate. If an association with a particular Customer, Member, or Affiliate cannot be determined, final judgment with respect to the positioning of leads remains the right of the Company.
O. Public Relations Matters.
The Company encourages Customers, Members, or Affiliates to use personal media coverage to expand and build their business; however, certain situations require the Customer, Member, or Affiliate to contact the Company. These would include:instances where the story or medium has national potential;cases where the story calls for a wider Company/Product perspective; and/orwhen the Customer, Member, or Affiliate is questioned about Company sales figures and/or business strategies.
P. Retail or Service Establishments:
A Customer, Member, or Affiliate may sell Products or promote the business opportunity through Retail or Service Establishments as long as
i) The display of Independent Customer, Member, or Affiliate information within the premises of a Retail or Service Establishment is clearly indicated, and
ii) the product is not sold for an amount less than the Customer, Member, or Affiliate price of the product as shown on the website.
Section 6 Breach of Contract Procedures
A. Conditional Obligations.
The Company’s obligations to a Customer, Member, or Affiliate are conditioned upon the Customer, Member, or Affiliate’s faithful performance of the terms and conditions of the Contract. The Company, in its sole discretion, will determine if a Customer, Member, or Affiliate is in breach of the Contract and may elect any or all available remedies.
B. Remedies.
In the event of breach, the Company may elect to take no action or to exercise some or all contractual remedies and remedies at law or in equity, including, but not limited to:
1. Notify the Customer, Member, or Affiliate either in writing or verbally of the breach and providing a notice to cure the breach;
2. Require from the Customer, Member, or Affiliate additional assurances of future compliance;
3. Withhold or deny recognition and attendant perks;
4. Assess damages and withhold them from commission payments;
5. Suspend Customer, Member, or Affiliate Rights temporarily or permanently;
6. Seek injunctive relief;
7. Terminate the Contract; and
8. Seek damages and associated costs.
C. Reporting Contract Breaches.
If a Customer, Member, or Affiliate observes or is aware of another Customer, Member, or Affiliate’s violation of any term or condition of the Contract, the observing Customer, Member, or Affiliate shall submit a written complaint to the Company’s support department through email. Because of the difficulties of investigating and asserting appropriate remedies for stale claims, any complaint for breach of the terms and conditions of the Contract other than Cross-Company Recruiting must be brought to the Company’s attention for review within eighteen (18) months of the start of the alleged violation; Cross-Company Recruiting violations must be brought to the Company’s attention within six (6) months of the alleged violation. Failure to report a violation within that time period may result in the Company not pursuing the allegations in order to prevent the Customer, Member, or Affiliate Business from being disrupted due to stale claims. However, this policy does not waive the Company’s right to investigate and discipline Customers, Members, or Affiliates found guilty of the stale claims.
D. Circumvention of the Contract.
The Contract is designed to protect Customers, Members, or Affiliates and the Company from the adverse consequences of their violation. Customers, Members, or Affiliates who intentionally circumvent the Contract to accomplish indirectly what is prohibited directly will be disciplined as if the applicable policy or rule had been broken directly. In such circumstances, all of the available remedies as stated above will be available to the Company. The Contract is not intended to give a Customer, Member, or Affiliate the right to enforce the Contract against another Customer, Member, or Affiliate directly, or to take any legal action against another Customer, Member, or Affiliate.
Section 7 Termination
A. Termination.
1. Customer, Member, or Affiliate may terminate the Contract by writing a request to support to terminate, by calling customer support, by written mail, or on the Personal Info page of the back office of the website.
2. The Company may terminate the Contract if the Customer, Member, or Affiliate violates the terms of the Contract and any amendments thereto.
3. Upon termination, the Company may in its sole discretion retain the Customers, Members, or Affiliateship or dissolve and remove it from the Compensation plan.
B. Return of Confidential Information.
A Customer, Member, or Affiliate must return all Confidential Information, including any information derived therefrom, over which he or she has direct or indirect control to the Company upon termination or upon demand of the Company. If any such Confidential Information cannot be returned because it is in electronic format, the Customer, Member, or Affiliate shall permanently delete and erase the Confidential Information upon termination or upon demand.
C. Buyback.
If a Customer, Member, or Affiliate is in breach, the Company reserves the right to stop or delay the buy-back process set forth in this Contract.
D. Effects of Termination for Breach of Contract.
1. A Customer, Member, or Affiliate whose Contract is terminated by the Company must wait six (6) months before applying for a new Customers, Members, or Affiliateship. During that time, the Customer, Member, or Affiliate can have no Beneficial Interest in any other Customers, Members, or Affiliateship.
2. Upon termination of the Contract, all of the Customer, Member, or Affiliate’s rights inand to the Customers, Members, or Affiliateship and the Customer, Member, or AffiliateBusiness are revoked and terminated. In acknowledgement of the damages the Companyhas likely suffered and/or will suffer as a result of Customer, Member, or Affiliate's breach,including but not limited to, all or any of the following: (i) loss of good will and loss in thevalue of the Company’s confidential and proprietary information and trade secrets; (ii) loss ofa portion of the value of the Company’s business; and (iii) loss of future profits; Customer,Member, or Affiliate consents that any unpaid Commissions may be forfeited to the Companyto offset a portion of the damages.
3. The Company may elect to reorganize the Downline Organization of a Customers,Members, or Affiliateship terminated for breach in a manner that serves the best interests ofthe Company, Downline Organization and Upline.
4. Where the Company elects to terminate a Customers, Members, or Affiliateship inwhich there is more than one Beneficial Interest holder, the following may apply: a. thedeparting Beneficial Interest holder(s) must relinquish all rights to, and interests in, theCustomers,Members, or Affiliateship; b. The Company may not divide or reassign any of the DownlineOrganization; and c. The Company may not split Commissions between the prior or currentBeneficial Interest holders of the Customers, Members, or Affiliateship
E. Effects of Voluntary Termination by the Customer, Member, or Affiliate.
1. The Contract can be voluntarily terminated by a Customer, Member, or Affiliate who is not inbreach of the Contract for any reason, at any time, by providing written notice to the Companysigned by all Person(s) listed on the Customer, Member, or Affiliate Agreement. The termination iseffective on the date the Company receives the written notice. If a Customer, Member, or Affiliate isin breach of the Contract, he or she cannot voluntarily or unilaterally terminate the Contract
2. Upon termination of the Contract, all of the Customer, Member, or Affiliate’s rights in and tothe Customers, Members, or Affiliateship and the Customer, Member, or Affiliate Business arerevoked and terminated.
3. A Customer, Member, or Affiliate who voluntarily terminates Customers, Members, orAffiliateship and is not in breach of the Contract may rejoin under a new Customers, Members, orAffiliateship under the same or a new enroller at any time.
4. A Customer, Member, or Affiliate may not terminate voluntarily if the Customers, Members, orAffiliateship is not in good standing with the Company, as may be evidenced by, but not limited to,any of the following conditions: (i) a temporary Customers, Members, or Affiliateship; (ii) aCustomers, Members, or Affiliateship is on hold, suspension or probation; (iii) the Customers,Members, or Affiliateship is under investigation, but no formal discipline has taken place; or (iv)notice of intent to terminate has been sent.
Section 8 Miscellaneous
A. Entire Agreement.
The Contract contains the entire understanding concerning the subject matter hereof between Orkona and the Customer, Member, or Affiliate, and is intended as a final, complete, and exclusive expression of the terms of the parties. This Contract supersedes and replaces all prior negotiations and proposed, but unexecuted agreements, either written or oral. Any prior agreements, promises, negotiations, or representations, either written or oral, relating to the subject matter of this Contract, are of no force or effect. If there is any discrepancy between verbal representations made to the Customer, Member, or Affiliate by any employee or agent of Orkona and the terms of the Contract, the express written terms and requirements of the Contract will prevail.
B. Headings.
The section and subsection headings in the Contract are inserted solely as a matter of convenience and for reference, and will not be considered in the construction or interpretation of any provision hereof. Unless the context otherwise specifically requires, all references to sections of the Contract will refer to all subsections thereof.
C. Modifications by Orkona.
Orkona reserves the right to make any modifications to the Contract, provided that the modifications are communicated by Orkona to the Customer, Member, or Affiliate at least thirty (30) days prior to taking effect. Orkona may communicate these modifications by posting any portion of the modified Contract on Orkona’s website, or by any other method of communication. The Customer, Member, or Affiliate is deemed to have accepted the modification to the Contract if the Customer, Member, or Affiliate engages in any Customer, Member, or Affiliate Business, renews its Customers, Members, or Affiliateship, or accepts Commissions after the thirty (30) day period is ended.
D. Warranties.
Orkona extends no product warranties, either expressed or implied, beyond those specifically articulated in the Contract. Orkona disclaims and excludes all warranties regarding possible infringement of any United States or foreign patent, trademark, trade name, copyright, or trade secret arising from the Customer, Member, or Affiliate’s operations. ORKONA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
E. Waiver.
Any waiver by Orkona of a Customer, Member, or Affiliate’s breach of a Contract provision must be in writing and will not be construed as a waiver of any subsequent or additional breach by the Customer, Member, or Affiliate. The failure by Orkona to exercise any right or privilege under the Contract will not constitute a waiver of that right or privilege.
F. Severability.
If any term or condition of this Contract is judicially invalidated, prohibited, or otherwise rendered unenforceable in any jurisdiction, it is unenforceable only to the extent of the invalid, prohibited or unenforceable provision in that jurisdiction only, and it will not render unenforceable or invalidate any other provision of the Contract, nor will the Contract be rendered unenforceable or invalidated in another jurisdiction. Furthermore, any provision found unenforceable may be partly enforced to the maximum extent enforceable under the law.
G. Force Majeure.
Customer, Member, or Affiliate acknowledges that Orkona is not liable for any damages or losses caused by the delay or inability to manufacture, sell, or deliver its products due to labor strikes, accidents, fire, flood, acts of civil authority, acts of God, acts of terrorists, or from any other causes that are beyond the control of Orkona.
H. Governing Law, Arbitration Injunctive Relief.
The State of Florida is the place of the origin of this Contract and is where Orkona accepted the offer of the Applicant to become a Customer, Member, or Affiliate and where the Customer, Member, or Affiliate entered into the Contract with Orkona. The Contract is therefore to be construed in accordance with the laws of the State of Florida (without giving effect to any conflict of law provision or rule) as to contracts made and to be wholly performed within the State. Any controversy or claim arising out of or relating to the Contract or the breach thereof, or any controversy or claim relating to the business relationships arising between Customers, Members, or Affiliates shall be resolved by mandatory, final, binding, nonappealable arbitration in Jupiter, Florida, United States of America.
I. Attorneys Fees.
If any suit, action, or proceeding is brought to enforce any term or provision of this Contract, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses incurred, in addition to any other relief to which such party may be legally entitled.
J. Successors and Assigns.
The Contract will be legal and binding upon and inure to the benefit of the heirs, devisees, executors, administrators, personal representatives, successors, and assigns (as applicable) of the respective parties hereto.
K. Limitation of Liability.
To the extent permitted by law, Orkona, its directors, officers, members, managers, shareholders, employees, assigns and agents (collectively referred to as “Responsible Parties”) shall not be liable for, and the Customer, Member, or Affiliate releases Orkona and its Responsible Parties from and waive all claims, for any loss of profits, indirect, direct, special or consequential damages, and for any other losses incurred or suffered by Customers, Members, or Affiliates as a result of:
(i) Customer, Member, or Affiliate’s breach of the Contract,
(ii) the promotion or operation of the Customers, Members, or Affiliateship and the Customers, Members, or Affiliateship Business;
(iii) Customer, Member, or Affiliate’s incorrect or wrong data or information provided to Orkona or its Responsible Parties; or
(iv) the Customer, Member, or Affiliate’s failure to provide any information or data necessary for Orkona to operate its business.
EACH CUSTOMER, MEMBER, OR AFFILIATE AGREES THAT THE ENTIRE LIABILITY OF ORKONA AND ITS RESPONSIBLE PARTIES FOR ANY CLAIM WHATSOEVER RELATED TO THE CONTRACT, BUT NOT LIMITED TO, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR EQUITY, SHALL NOT EXCEED, AND SHALL BE LIMITED TO, THE AMOUNT OF PRODUCTS THE CUSTOMER, MEMBER, OR AFFILIATE HAS PURCHASED FROM ORKONA THAT ARE IN RESALABLE CONDITION.
