Prepare Then Share™ , LLC

STATEMENT OF POLICIES

and

PROCEDURES

Printable version of this document

SECTION 1 - CORPORATE MISSION STATEMENT
SECTION 2 - INTRODUCTION
SECTION 3 - BECOMING AN ADVOCATE
SECTION 4 - OPERATING A PREPARE THEN SHARE™ BUSINESS
SECTION 5 - RESPONSIBILITIES OF ADVOCATES
SECTION 6 - SALES REQUIREMENTS
SECTION 7 - BONUSES AND COMPENSATION
SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
SECTION 10 - ORDERING
SECTION 11 - PAYMENT AND SHIPPING
SECTION 12 - INACTIVITY AND CANCELLATION
SECTION 13 - DEFINITIONS
 

SECTION 1 - CORPORATE MISSION STATEMENT

Prepare Then Share™

Prepare then Share™, LLC. recognizes that disaster has no limits. Our mission is to provide the awareness, information, products, resources, tools and financial rewards to all who desire to participate in our program. As our principles and products are utilized, our Advocates will be equipped with the tools needed to eliminate fear and give their families the ability to turn an unpredictable event into an unseen adventure.

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SECTION 2 - INTRODUCTION

2.1 - Policies and Compensation Plan Incorporated into Advocate Agreement

These Policies and Procedures, in their present form and as amended at the sole discretion of Prepare Then Share ™, LLC. (hereafter “Prepare Then Share™” or the “Company”), are incorporated into, and form an integral part of, the Prepare Then Share™ Advocate Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Prepare Then Share™ Advocate Application and Agreement, these Policies and Procedures, in their current form and as may be amended by the Company at its sole discretion, the Prepare Then Share™ Marketing and Compensation Plan, and the Prepare Then Share™ Business Entity Registration Form (if applicable). These documents are incorporated by reference into the Prepare Then Share™ Advocate Agreement (all in their current form and as amended by Prepare Then Share™). It is the responsibility of each Advocate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. When sponsoring or enrolling a new Advocate, it is the responsibility of the sponsoring Advocate to provide the most current version of these Policies and Procedures and the Prepare Then Share™ Marketing and Compensation Plan to the applicant prior to his or her execution of the Advocate Agreement.

2.2 - Purpose of Policies

Prepare Then Share™ is a direct sales company that markets dehydrated foods and other preparedness products through Independent Advocates. It is important to understand that your success and the success of your fellow Advocates is dependent upon the integrity of the individuals who market our products. To clearly define the relationship that exists between Advocates and Prepare Then Share™, and to explicitly set a standard for acceptable business conduct, Prepare Then Share™ has established the Agreement.

Prepare Then Share™ Advocates are required to comply with all of the Terms and Conditions set forth in the Agreement which Prepare Then Share™ may amend at its sole discretion from time to time, as well as all federal, state, provincial, territorial, and local laws governing their Prepare Then Share™ business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the Company.

2.3 - Changes to the Agreement

Because federal, state, provincial, territorial and local laws, as well as the business environment, periodically change, Prepare Then Share™ reserves the right to amend the Agreement and its prices at its sole and absolute discretion. By signing the Advocate Agreement, an Advocate agrees to abide by all amendments or modifications that Prepare Then Share™ elects to make. Amendments shall be effective upon notice to all Advocates that the Agreement has been modified. Notification of amendments shall be published in official Prepare Then Share™ materials. The Company shall provide or make available to all Advocates a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) fax-on-demand; (4) voice mail system broadcast; (5) inclusion in Company periodicals; (6) inclusion in product orders or bonus checks; or (7) special mailings. The continuation of an Advocate’s Prepare Then Share™ business or an Advocate’s acceptance of bonuses or commissions (hereafter referred to as Compensation) constitutes acceptance of any and all amendments.

2.4 - Delays

Prepare Then Share™ shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.

2.5 - Policies and Provisions Severable

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.

2.6 - Waiver

The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Prepare Then Share™ to exercise any right or power under the Agreement or to insist upon strict compliance by an Advocate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Prepare Then Share’s ™ right to demand exact compliance with the Agreement. Waiver by Prepare Then Share™ can be effected only in writing by an authorized officer of the Company. Prepare Then Share’s™ waiver of any particular breach by an Advocate shall not affect or impair Prepare Then Share’s™ rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Advocate. Nor shall any delay or omission by Prepare Then Share™ to exercise any right arising from a breach affect or impair Prepare Then Share’s™ rights as to that or any subsequent breach.

The existence of any claim or cause of action of an Advocate against Prepare Then Share™ shall not constitute a defense to Prepare Then Share’s™ enforcement of any term or provision of the Agreement.

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SECTION 3 - BECOMING AN ADVOCATE

3.1 - Requirements to Become an Advocate

To become a Prepare Then Share™ Advocate, each applicant must:

a)      Be of the age of majority in his or her state of residence;

b)      Reside in the United States or U.S. Territories;

c)      Have a valid Social Security or Federal Tax ID number, and furnish same to the Company;

d)      Purchase a Prepare Then Share™ Virtual Office one year subscription (not applicable in North Dakota);

e)      Submit a properly completed Advocate Application and Agreement to Prepare Then Share™; and

The Company reserves the right to reject any applications for a new Advocate or applications for renewal.

3.2 - New Advocate Enrollment

Prepare Then Share™ provides a convenient method for new Advocates to enroll. All enrollments must occur from our website. This online method is the most seamless and cost effective system.

3.3 - Advocate Benefits

Once an Advocate Application and Agreement has been accepted by Prepare Then Share™, the benefits of the Marketing and Compensation Plan and the Advocate Agreement are available to the new Advocate. These benefits include the right to:

a)      Purchase Prepare Then Share™ products at the Advocate price;

b)      Retail Prepare Then Share™ products and profit from these sales (using either of the two ways to retail – Direct or Online);

c)      Participate in the Prepare Then Share™ Marketing and Compensation Plan (receive bonuses and Compensation, if eligible);

d)      Sponsor other individuals as Advocates into the Prepare Then Share™ business and, thereby, build a marketing organization and progress through the Prepare Then Share™ Marketing and Compensation Plan;

e)      Receive periodic Prepare Then Share™ literature and other Prepare Then Share™ communications;

f)        Participate in Prepare Then Share™-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and

g)      Participate in promotional and incentive contests and programs sponsored by Prepare Then Share™ for its Advocates.

3.4 - Renewal of Your Prepare Then Share™ Business

The term of the Advocate Agreement is one year from the date of its acceptance by Prepare Then Share™. Advocates must renew their Advocate Agreement each year by paying the annual Virtual Office subscription renewal fee of $39.95 on or before the anniversary date of their Advocate Agreement. If the Virtual Office subscription is not renewed within 30 days after the expiration of the current term of the Advocate Agreement, the Advocate Agreement will be canceled. Advocates may elect to use the Automatic renewal program in their Virtual Office. This subscription renewal fee may be:

(a) Deducted from the Advocate’s Compensation check for the anniversary month of the Advocate Agreement (if Option 1 is selected and the Advocate has sufficient commissions); or

(b) Charged to the Advocate’s credit/debit card (if Option 1 or 2 is selected and there were insufficient commissions to cover the charge).

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SECTION 4 - OPERATING A PREPARE THEN SHARE™ BUSINESS

4.1 - Adherence to the Prepare Then Share™ Marketing and Compensation Plan

Advocates must adhere to the terms of the Prepare Then Share™ Marketing and Compensation Plan as set forth in official Prepare Then Share™ literature and the various documents that comprise the Agreement. Advocates shall not offer the Prepare Then Share™ opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Prepare Then Share™ literature. Advocates shall not require or encourage other current or prospective Customers or Advocates to participate in Prepare Then Share™ in any manner that varies from the program as set forth in official Prepare Then Share™ literature. Advocates shall not require or encourage other current or prospective Customers or Advocates to execute any agreement or contract other than official Prepare Then Share™ agreements and contracts in order to become a Prepare Then Share™ Advocate. Similarly, Advocates shall not require or encourage other current or prospective Customers or Advocates to make any purchase from, or payment to, any individual or other entity to participate in the Prepare Then Share™ Marketing and Compensation Plan other than those purchases or payments identified as recommended or required in official Prepare Then Share™ literature.

4.2– Advertising

4.2.1        - General

All Advocates shall safeguard and promote the good reputation of Prepare then Share™ and its products. The marketing and promotion of Prepare then Share™, the Prepare then Share™ opportunity, the Marketing and Compensation Plan, and Prepare then Share™ products shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

To promote both the products and the tremendous opportunity Prepare then Share™ offers, Advocates may only use the sales aids and support materials produced by Prepare then Share™. Advocates may not produce their own literature, advertisements, sales tools and promotional materials, or Internet web pages or distribute any such material that is not produced by Prepare then Share™.

4.2.2        Advocate Websites

If an Advocate desires to utilize an Internet web page to promote his or her business, he or she may do so through the Company’s Virtual Office replicated website program ONLY. This program permits Advocates to advertise on the Internet through his/her own replicated website which can be personalized with the Advocate's message and the Advocate's contact information. These websites seamlessly link directly to the official Prepare then Share™ website giving the Advocate a professional and Company-approved presence on the Internet. No Advocate may independently design a website that uses the names, logos, or product descriptions of Prepare then Share™ or otherwise promotes (directly or indirectly) Prepare then Share™ products or the Prepare then Share™ opportunity. Nor may an Advocate use "blind" ads on the Internet that make product or income claims which are ultimately associated with Prepare then Share™ products, the Prepare then Share™ opportunity, or the Prepare then Share™ Marketing and Compensation Plan. The use of any other Internet website or web page (including without limitation auction sites such as eBay, blog sites, chat rooms, and social networking sites) to in any way promote the sale of Prepare then Share™ products, prospect, solicit or recruit for the Prepare then Share™ opportunity, or the Marketing and Compensation Plan is a breach of the Agreement and may result in any of the disciplinary sanctions set forth in Section 9.1.

4.2.3 - Domain Names and Email Addresses

Advocates may not use or attempt to register any of Prepare Then Share’s™ trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name. Nor may Advocates incorporate or attempt to incorporate any of the Company’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, into any electronic mail address.

4.2.4 - Trademarks and Copyrights

Prepare Then Share™ will not allow the use of its trade names, trademarks, designs, or symbols by any person, including a Prepare Then Share™ Advocate, without its prior, written permission. Advocates may not produce for sale or distribution any recorded Company events and speeches without written permission from Prepare Then Share™, nor may Advocates reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.

The name of Prepare Then Share™ and other names as may be adopted by Prepare Then Share™ are proprietary trade names, trademarks and service marks of Prepare Then Share™. As such, these marks are of great value to Prepare Then Share™ and are supplied to Advocates for their use only in an expressly authorized manner. Use of Prepare Then Share™ name on any item not produced by the Company is prohibited except as follows:

Advocate's Name
Independent Prepare Then Share™ Advocate

All Advocates may list themselves as an “Independent Prepare Then Share™ Advocate” in the white or yellow pages of the telephone directory under their own name. No Advocate may place telephone directory display ads using Prepare Then Share’s™ name or logo. Advocates may not answer the telephone by saying “Prepare Then Share™”, “Prepare Then Share™ Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Prepare Then Share™.

4.2.5 - Media and Media Inquiries

Advocates must not attempt to respond to media inquiries regarding Prepare Then Share™, its products or services, or their independent Prepare Then Share™ business. All inquiries by any type of media must be immediately referred to Prepare Then Share’s™ Public Relations Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image. 

4.2.6 - Spamming and Unsolicited Faxes

Except as provided in this section, Advocates may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or “spamming” relative to the operation of their Prepare Then Share™ businesses.  The terms "unsolicited faxes" and “unsolicited e-mail” mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting Prepare Then Share™, its products, its Compensation Plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Advocate has an established business or personal relationship.  The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an Advocate and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Advocate; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.  

4.3 - Bonus Buying Prohibited

Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Advocate Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Advocate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Advocates or Customers (“phantoms”); (d) Purchasing Prepare Then Share™ products on behalf of another Advocate or Customer, or under another Advocate’s or Customer’s I.D. number, to qualify for Compensation; and (e) any scheme or device that manipulates the payment of commissions based on the purchase or sale of products by anyone other than bona fide sales to end user consumers.

4.4 - Business Entities

A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Prepare Then Share™ Advocate by submitting its Certificate of Incorporation, Certificate of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to Prepare Then Share™, along with a properly completed Business Entity Registration Form. After an Advocate (defined as a Business Entity) enrolls online, the Entity Documents and Business Entity Registration Form must be submitted to Prepare Then Share™ within 30 days of the online enrollment. (If not received within the 30-day period, the Advocate Agreement shall automatically terminate.) A Prepare Then Share™ business may change its status under the same sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. There is a $25.00 fee for each change requested, which must be included with the written request and the completed Advocate Application and Agreement. The Business Entity Registration Form must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Prepare Then Share™.

4.5 - Changes to a Prepare Then Share™ Business

4.5.1 - General

Each Advocate must immediately notify Prepare Then Share™ of all changes to the information contained on their Advocate Application and Agreement. Advocates may modify their existing Advocate Agreement (i.e., change Social Security number to Federal I.D. number, or change the form of ownership from an individual proprietorship to a business entity owned by the Advocate) by submitting a written request, a properly executed Advocate Application and Agreement, and all appropriate supporting documentation

4.5.2 - Addition of Co-Applicants

When adding a co-applicant (either an individual or a business entity) to an existing Prepare Then Share™ business, the Company requires both a written request as well as a properly completed Advocate Application and Agreement containing the applicant and co-applicant’s Social Security Numbers and signatures. To prevent the circumvention of Section 4.26 (regarding transfers and assignments of Prepare Then Share™ business), the original applicant must remain as a party to the original Advocate Application and Agreement. If the original Advocate wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with Section 4.26. If this process is not followed, the business shall be canceled upon the withdrawal of the original Advocate. All bonus and Compensation checks will be sent to the address of record of the original Advocate. (Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 4.5.3, below.) There is a $25.00 fee for each change requested, which must be included with the written request and the completed Advocate Application and Agreement. Prepare Then Share™ may, at its discretion, require notarized documents before implementing any changes to a Prepare Then Share™ business. Please allow thirty (30) days after the receipt of the request by Prepare Then Share™ for processing.

4.5.3 - Change of Sponsor

To protect the integrity of all marketing organizations and safeguard the hard work of all Advocates, Prepare Then Share™ strongly discourages changes in sponsorship. Maintaining the integrity of sponsorship is critical for the success of every Advocate and marketing organization. Accordingly, the transfer of a Prepare Then Share™ business from one sponsor to another is strongly discouraged and will rarely be permitted.

Requests for change of sponsorship must be submitted in writing to the Advocate Services Department, and must include the reason for the transfer. Transfers will only be considered in the following two (2) circumstances:

      In cases in which an Advocate is misled about who would be their immediate upline sponsor, the Advocate may request that they be transferred to another organization with his or her entire marketing organization intact if the request is made in writing within 45 days from the date of enrollment. All requests for transfer under this section must be supported by a detailed written explanation of the facts which the requesting Advocate believes support their request for transfer. All requests shall be evaluated on a case by case basis and decided at the Company’s discretion.

b)      The Advocate seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of their immediate 3 upline Advocates. Photocopied or facsimile signatures are not acceptable. All Advocate signatures must be notarized. The Advocate who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. If the transferring Advocate also wants to move any of the Advocates in their marketing organization, each downline Advocate must also obtain a properly completed Sponsorship Transfer Form and return it to Prepare Then Share™ with the $50.00 change fee (i.e., the transferring Advocate and each Advocate in their marketing organization multiplied by $50.00 is the cost to move a Prepare Then Share™ business.) Downline Advocates will not be moved with the transferring Advocate unless all of the requirements of this paragraph are met. Transferring Advocates must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by Prepare Then Share™ for processing and verifying change requests.

4.5.4 - Cancellation and Re-application

An Advocate may legitimately change organizations by voluntarily canceling his or her Prepare Then Share™ business and remaining inactive (i.e., no purchases of Prepare Then Share™ products for resale, no sales of Prepare Then Share™ products, no sponsoring, no attendance at any Prepare Then Share™ functions, no participation in any other form of Advocate activity, nor operation of any other Prepare Then Share™ business) for six (6) full calendar months. Following the six month period of inactivity, the former Advocate may reapply under a new sponsor.

4.6 - Unauthorized Claims and Actions

4.6.1 - Indemnification

An Advocate is fully responsible for all of his or her verbal and written statements made regarding Prepare Then Share™ products and the Marketing and Compensation Plan which are not expressly contained in official Prepare Then Share™ materials. Advocates agree to indemnify Prepare Then Share™ and Prepare Then Share’s™ directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Prepare Then Share™ as a result of the Advocate’s unauthorized representations or actions. This provision shall survive the termination of the Advocate Agreement.

4.6.2 - Product Claims

No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Prepare Then Share™ may be made except those contained in official Prepare Then Share™ literature.

4.6.3 - Income Claims

In their enthusiasm to enroll prospective Advocates, some Advocates are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Advocates may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. At Prepare Then Share™, we firmly believe that the Prepare Then Share™ income potential is great enough to be highly attractive, without reporting the earnings of others.

Moreover, the Federal Trade Commission and several states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Advocates may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact Prepare Then Share™ as well as the Advocate making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Prepare Then Share™ Advocates do not have the data necessary to comply with the legal requirements for making income claims, an Advocate, when presenting or discussing the Prepare Then Share™ opportunity or Marketing and Compensation Plan to a prospective Advocate, may not make income projections, income claims, or disclose his or her Prepare Then Share™ income (including the showing of checks, copies of checks, bank statements, or tax records).

4.7 - Commercial Outlets and Resellers

Prepare Then Share™ products may be sold only on a person-to-person basis to end-consumers. Advocates may not display or sell Prepare Then Share™ products or literature in any commercial retail establishment.

4.7.1 - Trade Shows, Expositions and Other Sales Forums

Advocates may display and/or sell Prepare Then Share™ products at trade shows and professional expositions. Before submitting a deposit to the event promoter, Advocates must contact the Advocate Services Department in writing for conditional approval, as Prepare Then Share’s ™ policy is to authorize only one Prepare Then Share™ business per event. Final approval will be granted to the first Advocate who submits an official advertisement of the event, a copy of the contract signed by both the Advocate and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the Advocate Services Department. Prepare Then Share™ further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products or the Prepare Then Share™ opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image Prepare Then Share™ wishes to portray.

4.8 - Conflicts of Interest

4.8.1 - Non-solicitation

Prepare Then Share™ Advocates may participate in other direct selling or network marketing or multigenerational marketing ventures (collectively “network marketing”), and Advocate and services if they desire to do so. However, if an Advocate elects to participate in another network marketing opportunity, in order to avoid conflicts of interest and loyalties, Advocates are prohibited from Unauthorized Recruiting, which includes the following:

a)      During the term of this agreement, any actual or attempted recruitment or enrollment of Prepare Then Share™ Customers or Advocates for other network marketing business ventures, either directly or through a third party. This includes, but is not limited to, presenting or assisting in the presentation of other network marketing business ventures to any Prepare Then Share™ Customer or Advocate, or implicitly or explicitly encouraging any Prepare Then Share™ Customer or Advocate to join other business ventures. Because there is an extreme likelihood that conflicts will arise if an Advocate operates two network marketing programs, it is the Advocate’s responsibility to first determine whether a prospect is a Prepare Then Share™ Customer or Advocate before recruiting or enrolling the prospect for another network business venture.

b)      Following the cancellation of this Agreement, and for a period of six months thereafter, a former Advocate may not recruit any Prepare Then Share™ Advocate or Customer for another network marketing opportunity unless the Advocate was personally sponsored by the former Advocate and was also on the front line of the former Advocate’s downline organization.

c) Producing or offering any literature, tapes or promotional material of any nature for another network marketing business which is used by the Advocate or any third person to recruit Prepare Then Share™ Customers or Advocates for that business venture;

d) Offering Prepare Then Share™ products, or promoting the Prepare Then Share™ Marketing and Compensation Plan, in conjunction with any non-Prepare Then Share™ products, services, business plan, opportunity, or incentive; or

e)      Offering any non-Prepare Then Share™ products, services, business plan, opportunity, or incentive at any Prepare Then Share™ meeting, seminar, launch, convention, or other Prepare Then Share™ function, or immediately following such event.

4.8.2 - Downline Activity (Genealogy) Reports

Downline Activity Reports are available for Advocate access and viewing through each Advocate’s Virtual Office. Advocate access to their Downline Activity Reports is password protected. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to Prepare Then Share™. Downline Activity Reports are provided to Advocates in strictest confidence and are made available to Advocates for the sole purpose of assisting Advocates in working with their respective Downline Organizations in the development of their Prepare Then Share™ business. Advocates should use their Downline Activity Reports to assist, motivate, and train their downline Advocates. The Advocate and Prepare Then Share™ agree that, but for this agreement of confidentiality and nondisclosure, Prepare Then Share™ would not provide Downline Activity Reports to the Advocate. An Advocate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:

a)      Directly or indirectly disclose any information contained in any Downline Activity Report to any individual, partnership, association, corporation, or other entity;

b)       Directly or indirectly disclose, to any individual, partnership, association, corporation, or other entity, the password or other access code to his or her Downline Activity Report;

c)       Use the information contained in any Downline Activity Report to compete with Prepare Then Share™ or for any purpose other than promoting or supporting his or her Prepare Then Share™ business; or

d)       Recruit or solicit any Advocate or Customer listed on any Downline Activity Report, or in any manner attempt to influence or induce any Advocate or Customer to alter their business relationship with Prepare Then Share™.

Upon demand by the Company, any current or former Advocate will return the original and all copies of Downline Activity Reports to the Company.

4.9 - Targeting Other Direct Sellers

Prepare Then Share™ does not condone Advocates specifically or consciously targeting the sales force of another direct sales company to sell Prepare Then Share™ products or to become Advocates for Prepare Then Share™, nor does Prepare Then Share™ condone Advocates solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company.  Should Advocates engage in such activity, they bear the risk of being sued by the other direct sales company.  If any lawsuit, arbitration or mediation is brought against an Advocate alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Prepare Then Share™ will not pay any of Advocate’s defense costs or legal fees, nor will Prepare Then Share™ indemnify the Advocate for any judgment, award, or settlement.

4.10 - Cross-Sponsoring

Actual or attempted cross sponsoring is strictly prohibited. “Cross sponsoring” is defined as the enrollment of an individual who or entity that already has a current Customer or Advocate Agreement on file with Prepare Then Share™, or who has had such an agreement within the preceding six calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. Advocates shall not demean, discredit or defame other Prepare Then Share™ Advocates in an attempt to entice another Advocate to become part of the first Advocate’s marketing organization. This policy shall not prohibit the transfer of a Prepare Then Share™ business in accordance with Section 4.26.

If Cross Sponsoring is discovered, it must be brought to the Company’s attention immediately.  Prepare Then Share™ may take disciplinary action against the Advocate that changed organizations and/or those Advocates who encouraged or participated in the Cross Sponsoring. Prepare Then Share™ may also move all or part of the offending Advocate’s downline to his or her original downline organization if the Company deems it equitable and feasible to do so.  However, Prepare Then Share™ is under no obligation to move the Cross Sponsored Advocate’s downline organization, and the ultimate disposition of the organization remains within the sole discretion of Prepare Then Share™.  Advocates waive all claims and causes of action against Prepare Then Share™ arising from or relating to the disposition of the Cross Sponsored Advocate’s downline organization.

4.11 - Errors or Questions

If an Advocate has questions about or believes any errors have been made regarding Compensation, bonuses, Downline Activity Reports, or charges, the Advocate must notify Prepare Then Share™ in writing via email within 60 days of the date of the purported error or incident in question. Prepare Then Share™ will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.

4.12 - Excess Inventory Purchases Prohibited

Advocates are not required to carry inventory of products or sales aids. To ensure that Advocates are not encumbered with excess inventory that they are unable to sell, such inventory may be returned to Prepare Then Share™ upon the Advocate’s cancellation pursuant to the terms of Section 8.2.

Prepare Then Share™ strictly prohibits the purchase of products in unreasonable amounts primarily for the purpose of qualifying for Compensation, bonuses or advancement in the Marketing and Compensation Plan.

4.13 - Governmental Approval or Endorsement

Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Advocates shall not represent or imply that Prepare Then Share™ or its Marketing and Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.

4.14 - Holding Applications or Orders

Advocates must not manipulate enrollments of new applicants and purchases of products. All Advocate Applications and Agreements, and product orders must be sent to Prepare Then Share™ within 72 hours from the time they are signed by an Advocate or placed by a customer, respectively.

4.15 - Identification

All Advocates are required to provide their Social Security Number, Social Insurance Number, or a Federal Employer Identification Number to Prepare Then Share™ on the Advocate Application and Agreement. Upon enrollment, the Company will provide a unique Advocate Identification Number to the Advocate by which he or she will be identified. This number will be used to place orders, and track Compensation and bonuses.

4.16 - Income Taxes

Each Advocate is responsible for paying local, state/provincial, and federal taxes on any income generated as an Independent Advocate. If a Prepare Then Share™ business is tax exempt, the Federal tax identification number must be provided to Prepare Then Share™. Every year, Prepare Then Share™ will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000.

4.17 - Independent Contractor Status

Advocates are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between Prepare Then Share™ and its Advocates does not create an employer/employee relationship, partnership, or joint venture between the Company and the Advocate. Advocates shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Advocates are responsible for paying local, state, and federal taxes due from all Compensation earned as an Advocate of the Company. The Advocate has no authority (expressed or implied), to bind the Company to any obligation. Each Advocate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Advocate Agreement, these Policies and Procedures, and applicable laws.

4.18 - Insurance

4.18.1 - Business Pursuits Coverage

You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present home owner’s policy.

4.19 - International Marketing

Because of critical legal and tax considerations, Prepare Then Share™ must limit the resale of Prepare Then Share™ products, and the presentation of the Prepare Then Share™ business to prospective customers and Advocates located within the United States and U.S. Territories. Moreover, allowing a few Advocates to conduct business in markets not yet opened by Prepare Then Share™ would violate the concept of affording every Advocate the equal opportunity to expand internationally.

Accordingly, Advocates are authorized to sell Prepare Then Share™ products, and enroll Customers and Advocates only in the countries in which Prepare Then Share™ is authorized to conduct business, as announced in official Company literature. Prepare Then Share™ products or sales aids cannot be shipped into or sold in any foreign country. Advocates may sell, give, transfer, or distribute Prepare Then Share™ products or sales aids only in their home country. In addition, no Advocate may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or Advocates; or (c) conduct any other activity for the purpose of selling Prepare Then Share™ products, establishing a marketing organization, or promoting the Prepare Then Share™ opportunity.

4.20 - Adherence to Laws and Ordinances

4.20.1 - Local Ordinances

Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Advocates because of the nature of their business. However, Advocates must obey those laws that do apply to them. If a city or county official tells an Advocate that an ordinance applies to him or her, the Advocate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Prepare Then Share™. In most cases there are exceptions to the ordinance that may apply to Prepare Then Share™ Advocates.

4.20.2 - Compliance With Federal, State, Local Laws

Advocates shall comply with all federal, state, and local laws and regulations in the conduct of their businesses.

4.21 - Minors

A person who is recognized as a minor in their state of residence may not be a Prepare Then Share™ Advocate. Advocates shall not enroll or recruit minors into the Prepare Then Share™ program.

4.22 - One Prepare Then Share™ Business Per Household

An Advocate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Prepare then Share™ business. No individual may have, operate or receive compensation from more than one Prepare then Share™ business. Individuals of the same family unit may not enter into or have an interest in more than one Prepare then Share™ Business. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.

In order to maintain the integrity of the Prepare then Share™ Marketing and Compensation Plan, husbands and wives or common-law couples (collectively “spouses”) who wish to become Prepare then Share™ Distributors must be jointly sponsored as one Prepare Then Share™ business. Spouses, regardless of whether one or both are signatories to the Distributor Application and Agreement, may not own or operate any other Prepare then Share™ business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or any other legal or equitable ownership) in the ownership or management of another Prepare then Share™ business in any form.

4.22.1 - Actions of Household Members or Affiliated Individuals

If any member of an Advocate’s immediate household engages in any activity which, if performed by the Advocate, would violate any provision of the Agreement, such activity will be deemed a violation by the Advocate and Prepare Then Share™ may take disciplinary action pursuant to the Statement of Policies against the Advocate. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively “affiliated individual”) violates the Agreement, such action(s) will be deemed a violation by the entity, and Prepare Then Share™ may take disciplinary action against the entity.

4.23 - Re-packaging and Re-labeling Prohibited

Advocates may not re-package, re-label, refill or alter the labels on any Prepare Then Share™ products, information, materials or programs in any way. Prepare Then Share™ products must be sold in their original containers only. Such re-labeling or repackaging would likely violate federal and state laws, which could result in severe criminal penalties. You should also be aware that civil liability can arise when, as a consequence of the repackaging or re-labeling of products, the persons using the products suffer any type of injury or their property is damaged.

4.24 - Requests for Records

Any request from an Advocate for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.

4.25 - Roll-up of Marketing Organization

When a vacancy occurs in a Marketing Organization due to the termination of a Prepare Then Share™ business, each Advocate in the first Generation immediately below the terminated Advocate on the date of the cancellation will be moved to the first Generation (“front line”) of the terminated Advocate’s sponsor. For example, if A sponsors B, and B sponsors C1, C2, and C3, then if B terminates their business, C1, C2, and C3 will “roll-up” to A and become part of A’s first Generation.

4.26 - Sale, Transfer or Assignment of Prepare Then Share™ Business

Although a Prepare Then Share™ business is a privately owned, independently operated business, the sale, transfer or assignment of a Prepare Then Share™ business is subject to certain limitations. If an Advocate wishes to sell his or her Prepare Then Share™ business, the following criteria must be met:

a)       Protection of the existing line of sponsorship must always be maintained so that the Prepare Then Share™ business continues to be operated in that line of sponsorship.

b)       The buyer or transferee must become a qualified Prepare Then Share™ Advocate.

c)       Before the sale, transfer or assignment can be finalized and approved by Prepare Then Share™, any debt obligations the selling Advocate has with Prepare Then Share™ must be satisfied.

d)       The selling Advocate must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a Prepare Then Share™ business.

Prior to selling a Prepare Then Share™ business, the selling Advocate must notify Prepare Then Share™ Advocate Services Department of his or her intent to sell the Prepare Then Share™ business. Upon complete execution of the purchase and sale agreement, the parties must submit copies of the same to Prepare Then Share’s™ Advocate Services Department for review. Prepare Then Share™ reserves the right to request additional documentation that may be necessary to analyze the transaction between the buyer and seller. Prepare Then Share’s™ Advocate Services Department will, in its sole and absolute discretion, approve or deny the sale, transfer or assignment within 30 days after its receipt of all necessary documents from the parties.

If the parties fail to obtain Prepare Then Share’s™ approval for the transaction, the transfer shall be voidable at Prepare Then Share’s™ option. The purchaser of the existing Prepare Then Share™ business will assume the obligations and position of the selling Advocate. An Advocate who sells his or her Prepare Then Share™ business shall not be eligible to re-apply as a Prepare Then Share™ Advocate for a period of at least six full calendar months after the date of the sale.

No changes in line of sponsorship can result from the sale or transfer of a Prepare Then Share™ business

4.27 - Separation of a Prepare Then Share™ Business

Prepare Then Share™ Advocates sometimes operate their Prepare Then Share™ businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Advocates and the Company, Prepare Then Share™ will involuntarily terminate the Advocate Agreement and roll-up their entire organization pursuant to Section 4.25.

During the pendency of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:

a)      One of the parties may, with consent of the other(s), operate the Prepare Then Share™ business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Prepare Then Share™ to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.

b)      The parties may continue to operate the Prepare Then Share™ business jointly on a “business-as-usual” basis, whereupon all Compensation paid by Prepare Then Share™ will be paid in the joint names of the Advocates or in the name of the entity to be divided as the parties may independently agree between themselves.

c)      If the parties cannot mutually agree on how the business shall be allocated during the pendency of a divorce or dissolution, the Company shall treat the business according to the status quo as existed prior to the filing of the divorce or dissolution.

Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will Prepare Then Share™ split Compensation and bonus checks between divorcing spouses or members of dissolving entities. Prepare Then Share™ will recognize only one Downline Organization and will issue only one Compensation check per Prepare Then Share™ business per Compensation cycle. Compensation checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of Compensation and ownership of the business, the Advocate Agreement shall be involuntarily canceled.

If a former spouse or a former entity affiliate has completely relinquished all rights in their original Prepare Then Share™ business, they are thereafter free to enroll under any sponsor of their choosing Former business entity affiliates must meet the waiting period requirements set forth in Section 4.5.4. A former spouse who did not receive the Prepare Then Share™ business following the divorce may enroll as an Advocate immediately. In either case, the former spouse or partner shall have no rights to any Advocates in their former organization or to any former Retail Customer or Customer. They must develop the new business in the same manner as would any other new Advocate.

4.28 - Sponsoring

All active Advocates in good standing have the right to sponsor and enroll others into Prepare Then Share™. Each prospective Customer and Advocate has the ultimate right to choose his or her own Sponsor. If two Advocates claim to be the Sponsor of the same new Advocate or Customer, the Company shall regard the first application from the prospective Advocate received by the Company as controlling.

4.29 - Succession

Upon the death or incapacitation of an Advocate, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, an Advocate should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a Prepare Then Share™ business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and Compensation of the deceased Advocate’s marketing organization provided the following qualifications are met. The successor(s) must:

a)       Execute an Advocate Agreement;

b)       Comply with terms and provisions of the Agreement; and

c)       Meet all of the qualifications for the deceased Advocate’s status.

Bonus and Compensation checks of a Prepare Then Share™ business transferred pursuant to this section will be paid in a single check jointly to the devisees. The devisees must provide Prepare Then Share™ with an “address of record” to which all bonus and Compensation checks will be sent. If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal taxpayer Identification number. Prepare Then Share™ will issue all bonus and Compensation checks and one 1099 to the business entity.

4.30.1 - Transfer Upon Death of an Advocate

To effect a testamentary transfer of a Prepare Then Share™ business, the successor must provide the following to Prepare Then Share™: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor’s right to the Prepare Then Share™ business; and (3) a completed and executed Advocate Agreement.

4.30.2 - Transfer Upon Incapacitation of an Advocate

To effect a transfer of a Prepare Then Share™ business because of incapacity, the successor must provide the following to Prepare Then Share™: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the Prepare Then Share™ business; and (3) a completed Advocate Agreement executed by the trustee.

4.31 Telemarketing

The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. While you may not consider yourself a “telemarketer” in the traditional sense of the word, these regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation).

Therefore, Advocates must not engage in telemarketing relative to the operation of their Prepare Then Share™ businesses.  The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Prepare Then Share™ product or to recruit them for the Prepare Then Share™ opportunity.  “Cold calls" made to prospective customers or Advocates that promote either Prepare Then Share’s™ products or the Prepare Then Share™ opportunity constitute telemarketing and are prohibited.  However, a telephone call(s) placed to a prospective customer or Advocate (a "prospect") is permissible under the following situations:

In addition, Advocates shall not use automatic telephone dialing systems relative to the operation of their Prepare Then Share™ businesses. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.

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SECTION 5 - RESPONSIBILITIES OF ADVOCATES

5.1 - Change of Address or Telephone

To ensure timely delivery of products, support materials, and Compensation checks, it is critically important that the Prepare Then Share’s™ files are current. Street addresses are required for shipping since most carriers cannot deliver to a post office box. Advocates planning to move should [update their personal information via the Back Office function of the Advocate’s replicated Prepare Then Share™ website] ~or~ [send their new address and telephone numbers to Prepare Then Share’s™ Corporate Offices to the attention of the Advocate Services Department]. To guarantee proper delivery, two weeks advance notice must be provided to Prepare Then Share™ on all changes. Special Note: If you are presently on the Auto-Ship program, you must submit a new Auto-Ship Agreement. If more than one change of address notice or Auto-Ship Agreement has been submitted to Prepare Then Share™, the most recent one will supersede previous notices or Agreements. Please allow thirty (30) days after the receipt of the notice or Agreement by Prepare Then Share™ for processing.

5.2 - Continuing Development Obligations

5.2.1 - Ongoing Training

Any Advocate who sponsors another Advocate into Prepare Then Share™ must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Prepare Then Share™ business. Advocates must have ongoing contact and communication with the Advocates in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline Advocates to Prepare Then Share™ meetings, training sessions, and other functions. Upline Advocates are also responsible to motivate and train new Advocates in Prepare Then Share™ product knowledge, effective sales techniques, the Prepare Then Share™ Marketing and Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of downline Advocates must not, however, violate Section 4.2 (regarding the development of Advocate-produced sales aids and promotional materials).

Advocates must monitor the Advocates in their Downline Organization to ensure that downline Advocates do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Advocate should be able to provide documented evidence to Prepare Then Share™ of his or her ongoing fulfillment of the responsibilities of a Sponsor.

5.2.2 - Increased Training Responsibilities

As Advocates progress through the various generations of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Prepare Then Share™ program. They will be called upon to share this knowledge with lesser experienced Advocates within their organization.  

5.2.3 - Ongoing Sales Responsibilities

Regardless of their Generation of achievement, Advocates have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.

5.3 - Non-disparagement

Prepare Then Share™ wants to provide its independent Advocates with the best products, Compensation Plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Advocate Services Department. Remember, to best serve you, we must hear from you! While Prepare Then Share™ welcomes constructive input, negative comments and remarks made in the field by Advocates about the Company, its products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other Prepare Then Share™ Advocates. For this reason, and to set the proper example for their downline, Advocates must not disparage, demean, or make negative remarks about Prepare Then Share™, other Prepare Then Share™ Advocates, Prepare Then Share’s™ products, the Marketing and Compensation Plan, or Prepare Then Share’s™ directors, officers, or employees.

5.4 - Providing Documentation to Applicants

Advocates must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Advocates before the applicant signs an Advocate Agreement. Additional copies of Policies and Procedures can be acquired from Prepare Then Share™.

5.5 - Reporting Policy Violations

Advocates observing a Policy violation by another Advocate should submit a written report of the violation directly to the attention of the Prepare Then Share™ Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.

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SECTION 6 - SALES REQUIREMENTS

6.1 - Product Sales

The Prepare then Share™ Compensation Plan has been carefully designed to require substantial sales to end-user consumers. These sales are based in large part on sales to retail customers (a “retail customer” is someone who purchases the products for personal or family use, but who is not an Advocate). These retail sales requirements increase as Advocates achieve greater ranks and reenter the Triad with additional positions. The Company tracks retail sales that are made from Advocates’ replicated websites. However, if an Advocate sells products out of their inventory, they must fill out and submit to the Company an online Retail Sales Report each month. Misreporting retail sales information shall result in disciplinary action.

6.2 - Donating Prepare Then Share Products

Advocates are limited to donating a maximum of 10% of their personal product orders to the charitable causes supported by Prepare then Share™. While we would like to allow a larger percentage of donations, state regulatory authorities have concerns that excessive donations could cause the program to become a disguised pyramid scheme. Therefore, we must enforce this limitation on product donations.

6.3 - No Price or Territory Restrictions

Advocates are not required to sell Prepare Then Share™ products at the suggested retail prices set by Prepare Then Share™ on the Prepare Then Share™ Price List. Advocates may sell Prepare Then Share™ products at any price they choose. There are no exclusive territories granted to anyone. No franchise fees are required.

6.4 - Sales Receipts

All Advocates must provide their Retail Customers with two copies of a Prepare Then Share™ sales receipt at the time of the sale. These receipts set forth the Customer Satisfaction Guarantee for Prepare Then Share™ products, as well as any consumer protection rights afforded by federal or state law. Advocates must maintain all retail sales receipts for a period of two years and furnish them to Prepare Then Share™ at the Company’s request. Records documenting the purchases of Advocates’ Customers will be maintained by Prepare Then Share™ when such Customers purchase directly from the Advocate’s company website.

Advocates must ensure that the following information is contained on each sales receipt: (1) The date of the transaction; (2) The date (not earlier than the third business day following the date of the transaction) by which the buyer may give notice of cancellation; and (3) Name and address of the selling Advocate;

Remember that Retail Customers must receive two copies of the sales receipt. In addition, Advocates must orally inform the buyer of his or her cancellation rights.

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SECTION 7 - BONUSES AND COMPENSATION

7.1 - Bonus and Compensation Qualifications

An Advocate must be active and in compliance with the Agreement to qualify for Bonuses and Compensation. So long as an Advocate complies with the terms of the Agreement, Prepare Then Share™ shall pay Compensation to such Advocate in accordance with the Marketing and Compensation Plan.

7.2 - Adjustment to Bonuses and Compensation

7.2.1 - Adjustments for Returned Products

Advocates receive bonuses and Compensation based on the actual sales of products to end consumers. When a product is returned to Prepare Then Share™ for a refund or is repurchased by the Company, the bonuses and Compensation attributable to the returned or repurchased product(s) will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the Compensation amounts are recovered, from the Advocates who received bonuses and Compensation on the sales of the refunded products.

7.2.2 - Other Deductions

7.3 - Unclaimed Compensation and Credits

Advocates must deposit or cash Compensation and bonus checks within six months from their date of issuance. A check that remains uncashed after six months will be void

7.4 - Reports

All information provided by Prepare Then Share™ in online activity reports, including but not limited to Personal Volume and Advocate Group Volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by Prepare Then Share™ or any persons creating or transmitting the information.

ALL INFORMATION, INCLUDING WITHOUT LIMITATION PERSONAL VOLUME, PERSONAL CUSTOMER VOLUME, AND ADVOCATE GROUP VOLUME INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON‑INFRINGEMENT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PREPARE THEN SHARE™ AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY ADVOCATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO VOLUME OR OTHER INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMPENSATION, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF PREPARE THEN SHARE™ OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, PREPARE THEN SHARE™ OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

Access to and use of Prepare Then Share’s™ online reporting service and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Prepare Then Share’s™ online reporting service and your reliance upon the information.

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SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE

8.1 - Product Guarantee

Prepare Then Share™ offers a 100% 30-day money-back satisfaction guarantee to all Retail Customers, and Advocates (less shipping charges, merchant fees and Compensation, Bonuses, Rebates etc. that were paid out). Retail Customers may return the unused portion of the product to the Advocate from whom it was purchased, within 30 days, for a replacement, exchange or a full refund of the purchase price (including shipping costs). Products purchased from an Advocate’s replicated website must be returned directly to the Company. If an Advocate wishes to return merchandise exceeding $1000 in any 12 continuous month period, the return will be deemed an inventory repurchase and the Company shall repurchase the inventory pursuant to the terms of Section 8.2, and the Advocate’s Agreement shall be canceled. No refunds are given for any products purchased from any vendor or online source other than a Prepare Then Share Advocate or a Prepare Then Share™ Advocate’s replicated website.

8.2 - Return of Inventory and Sales Aids by Advocates

Upon cancellation of an Advocate’s Agreement, the Advocate may return inventory and sales aids for a refund if he or she is unable to sell or use the merchandise. An Advocate may only return products and sales aids purchased by him or her that are in resalable condition. Upon receipt of the products and sales aids, the Advocate will be reimbursed 90% of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account. The Company shall deduct from the reimbursement paid to the Advocate any Compensation, bonuses, rebates or other incentives received by the Advocate or issued to others, which were associated with the merchandise that is returned.

8.2.1 - Montana Residents

A Montana resident may cancel his or her Advocate Agreement within 15 days from the date of enrollment and receive a full refund of the Virtual Office subscription fees.

8.3 - Procedures for All Returns

The following procedures apply to all returns for refund, repurchase, or exchange:

a)      All merchandise must be returned by the Advocate or Customer who purchased it directly from Prepare Then Share™.

b)      All products to be returned must have a Return Authorization Number which is obtained by calling the Advocate Services Department. This Return Authorization Number must be written on each carton returned.

c)      The return is accompanied by:

i.         a completed and signed Consumer Return Form;

ii.       a copy of the original dated retail sales receipt; and

iii.      the unused portion of the product in its original container.

d)      Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested. All returns must be shipped to Prepare Then Share™ shipping pre-paid. Prepare Then Share™ does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Advocate. If returned product is not received by the Company’s Distribution Center, it is the responsibility of the Advocate to trace the shipment.

e)      If an Advocate is returning merchandise to Prepare Then Share™ that was returned to him or her by a personal Retail Customer, the product must be received by Prepare Then Share™ within ten (10) days from the date on which the Retail Customer returned the merchandise to the Advocate, and must be accompanied by the sales receipt the Advocate gave to the Retail Customer at the time of the sale.

No refund or replacement of product will be made if the conditions of these rules are not met.

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SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

9.1 - Disciplinary Sanctions

Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by an Advocate may result, at Prepare then Share’s™ discretion, in one or more of the following corrective measures:

a)       Issuance of a written warning or admonition;

b)       Requiring the Advocate to take immediate corrective measures;

c)       Imposition of a fine, which may be withheld from bonus and Compensation checks;

d)       Loss of rights to one or more bonus and Compensation checks;

e)       Prepare Then Share™ may withhold from an Advocate all or part of the Advocate’s bonuses and Compensation during the period that Prepare Then Share™ is investigating any conduct allegedly violative of the Agreement. If an Advocate’s business is canceled for disciplinary reasons, the Advocate will not be entitled to recover any Compensation withheld during the investigation period;

f)         Suspension of the individual’s Advocate Agreement for one or more pay periods;

g)       Involuntary termination of the offender’s Advocate Agreement;

h)       Any other measure expressly allowed within any provision of the Agreement or which Prepare Then Share™ deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Advocate’s policy violation or contractual breach;

i)         In situations deemed appropriate by Prepare Then Share™, the Company may institute legal proceedings for monetary and/or equitable relief.

9.2 - Grievances and Complaints

When an Advocate has a grievance or complaint with another Advocate regarding any practice or conduct in relationship to their respective Prepare Then Share™ businesses, the complaining Advocate should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor. If the matter cannot be resolved, it must be reported in writing to the Advocate Services Department at the Company. The Advocate Services Department will review the facts and attempt to resolve it.

9.3 - Arbitration

Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Advocates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Bonneville County, State of Idaho, unless the laws of the state in which an Advocate resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure and the Federal Rules of Evidence shall apply. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.

Nothing in these Policies and Procedures shall prevent Prepare Then Share™, from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Prepare Then Share’s™ interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

9.4 - Governing Law, Jurisdiction and Venue

Jurisdiction and venue of any matter not subject to arbitration shall reside in Bannok County, Idaho, or if an action is brought in Federal Court, in Bannock County, State of Idaho, unless the laws of the state in which an Advocate resides expressly require the application of its laws. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Idaho shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which an Advocate resides expressly require the application of its laws.

9.4.1 - Louisiana Residents

Notwithstanding the foregoing, residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.

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SECTION 10 - ORDERING

10.1 - Customers

Advocates are encouraged to promote Prepare Then Share’s™ Customer Program to their Retail Customers. Under the Customer Program an individual may sign up to have a pre-selected package of Prepare Then Share™ products delivered to his or her home automatically each month. Not only does this take all of the hassles out of buying, it also allows the customer to order using a credit/debit card.

10.2 - Purchasing Prepare Then Share™ Products

Each Advocate should purchase his or her products directly from Prepare Then Share™. If an Advocate purchases products from another Advocate or any other source, the purchasing Advocate will not receive the Personal Volume that is associated with that purchase.

10.3 - General Order Policies

On orders with invalid or incorrect payment, Prepare Then Share™ will attempt to contact the Advocate by phone, and/or mail to try to obtain another payment. If these attempts are unsuccessful after five working days the order will be returned unprocessed. No C.O.D. orders will be accepted. Prepare Then Share™ maintains no minimum order requirements.

10.4 - Shipping and Back Order Policy

Prepare Then Share™ will normally ship products within 2 business days from the date on which it receives an order. Prepare Then Share™ will expeditiously ship any part of an order currently in stock. If, however, an ordered item is out-of-stock, it will be placed on back order and sent when Prepare Then Share™ receives additional inventory. Advocates will be charged and given Personal Volume on back ordered items unless notified on the invoice that the product has been discontinued. Prepare Then Share™ will notify Advocates and Customers if items are back-ordered and are not expected to ship within 30 days from the date of the order. An estimated shipping date will also be provided. Back ordered items may be canceled upon a Customer’s or Advocate’s request. Customers and Advocates may request a refund, credit on account, or replacement merchandise for canceled back orders. If a refund is requested, the Advocate’s Personal Volume will be decreased by the amount of the refund in the month in which the refund is issued.

10.5 - Confirmation of Order

An Advocate and/or recipient of an order must confirm that the product received matches the product listed on the shipping invoice, and is free of damage. Failure to notify Prepare Then Share™ of any shipping discrepancy or damage within thirty days of shipment will cancel an Advocate’s right to request a correction.

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SECTION 11 - PAYMENT AND SHIPPING

11.1 - Deposits

No monies should be paid to or accepted by an Advocate for a sale to a personal Retail Customer except at the time of product delivery. Advocates should not accept monies from Retail Customers to be held for deposit in anticipation of future deliveries.

11.2 - Insufficient Funds

It is the responsibility of each Advocate to ensure that there are sufficient funds or credit available in his or her account to cover the monthly AutoShip order. Prepare Then Share™ will not contact Advocates in regard to orders canceled due to insufficient funds or credit. This may result in an Advocate’s failure to meet his or her Personal Volume requirements for the month.

11.3 - Returned Checks

All checks returned by an Advocate’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the Advocate. After receiving a returned check from a customer or an Advocate, all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to Prepare Then Share™ by an Advocate for NSF checks and returned check fees will be withheld from subsequent bonus and Compensation checks.

11.4 - Restrictions on Third Party Use of Credit Cards and Checking Account Access

An Advocate shall not permit other Advocates or Customers to use his or her credit card, or permit debits to his or her checking accounts, to enroll or to make purchases from the Company.

11.5 - Sales Taxes

In designing the Prepare Then Share™ opportunity, one of our guiding philosophies has been to free Advocates from as many administrative, operational, and logistical tasks as possible. In doing so, Advocates are free to concentrate on those activities that directly affect their incomes, namely product sales and enrollment activities. To these ends, Prepare Then Share™ relieves Advocates of the burdens of collecting and remitting sales taxes, filing sales tax reports, and keeping records relative to sales taxes.

By virtue of its business operations, Prepare Then Share™ is required to charge sales taxes on all purchases made by Customers and Advocates, and remit the taxes charged to the respective states. Accordingly, Prepare Then Share™ will collect and remit sales taxes on behalf of Advocates, based on the suggested retail price of the products, according to applicable tax rates in the state or province to which the shipment is destined. If an Advocate has submitted, and Prepare Then Share™ has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the Advocate. Exemption from the payment of sales tax is applicable only to orders which are shipped to a state or province for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state/province. Any sales tax exemption accepted by Prepare Then Share™ is not retroactive.

The taxability of products and sales tax rates differ by state. Additionally, an increasing number of local taxes (county and city) are being initiated throughout the country. This could result in a disparity in what Prepare Then Share™ charges an Advocate and what the Advocate in turn can charge a Retail Customer depending upon where the sale occurs. The difference should be brought to the attention of Prepare Then Share™ Customer Service Department for adjustment. Advocates must provide date of sale, state, county, city and rate of tax where sold, total retail sales and the amount of the additional tax due, or credit due. It is the responsibility of each Advocate to know what products are taxable and at what rate. If you have questions regarding taxability and rates, contact your state or local department of revenue for assistance.

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SECTION 12 - INACTIVITY AND CANCELLATION

12.1 - Effect of Cancellation

So long as an Advocate remains active and complies with the terms of the Advocate Agreement and these Policies and Procedures, Prepare Then Share™ shall pay Compensation to such Advocate in accordance with the Marketing and Compensation Plan. An Advocate’s bonuses and Compensation constitute the entire consideration for the Advocate's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an Advocate’s non-renewal of his or her Advocate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Advocate Agreement (all of these methods are collectively referred to as “cancellation”), the former Advocate shall have no right, title, claim or interest to the marketing organization which he or she operated, or any Compensation or bonus from the sales generated by the organization. An Advocate whose business is cancelled will permanently lose all rights as an Advocate. This includes the right to sell Prepare Then Share™ products and services and the right to receive future Compensation, bonuses, or other income resulting from the sales and other activities of the Advocate’s former downline sales organization. In the event of cancellation, Advocates agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, Compensation or other remuneration derived from the sales and other activities of his or her former downline organization.

Following an Advocate’s cancellation of his or her Advocate Agreement, the former Advocate shall not hold himself or herself out as a Prepare Then Share™ Advocate and shall not have the right to sell Prepare Then Share™ products or services. An Advocate whose Advocate Agreement is canceled shall receive Compensation and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).

12.2 - Cancellation Due to Inactivity

Advocates who personally generate less than $36 in Personal Volume for any pay period will not be eligible to receive Compensation for the sales generated through their marketing organization for that pay period.  If an Advocate has not fulfilled his or her Personal Volume for a period of three consecutive calendar months (and thus become “inactive”), his or her Advocate Agreement shall be canceled for inactivity.  The cancellation will become effective on the day following the last day of the third month of inactivity. 

12.3 - Involuntary Cancellation

An Advocate’s violation of any of the terms of the Agreement, including any amendments that may be made by Prepare Then Share™ in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her Advocate Agreement. Cancellation shall be effective on the date on which written notice is mailed, e-mailed, faxed, or delivered to an express courier, to the Advocate’s last known address (or fax number), or to their attorney, or when the Advocate receives actual notice of cancellation, whichever occurs first.

12.4 - Voluntary Cancellation

A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the Advocate’s signature, printed name, address, and Advocate I.D. Number.

12.5 - Non-renewal

An Advocate may also voluntarily cancel his or her Advocate Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew an Advocate's Agreement upon its anniversary date.

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SECTION 13 - DEFINITIONS

Active Customer — A Customer who purchases a minimum of $36 of Prepare Then Share™ products for the subject calendar month OR “volume period” (as defined below). See the definition of “Customer” below.

Active Advocate — An Advocate who satisfies the minimum Personal Volume requirements, as set forth in the Prepare Then Share™ Marketing and Compensation Plan, to ensure that he or she is eligible to receive Bonuses and Compensation.

Active Rank — The term “active rank” refers to the current rank of an Advocate, as determined by the Prepare Then Share™ Marketing and Compensation Plan, for any calendar month. To be considered “active” relative to a particular rank, an Advocate must meet the criteria set forth in the Prepare Then Share™ Marketing and Compensation Plan for his or her respective rank. (See the definition of “Rank” below.)

Agreement — The contract between the Company and each Advocate includes the Advocate Application and Agreement, the Prepare Then Share™ Policies and Procedures, the Prepare Then Share™ Marketing and Compensation Plan, and the Business Entity Registration Form (where appropriate), all in their current form and as amended by Prepare Then Share™ in its sole discretion. These documents are collectively referred to as the “Agreement.”

Advocate Phase Group Volume — The Compensation value of Prepare Then Share™ products generated in an Advocate’s First Generation. Advocate Phase Group Volume includes the Personal Volume of the subject Advocate. (The Virtual Office and sales aids have no Sales Volume.)

Cancel — The termination of an Advocate’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.

Compensation Products — All Prepare Then Share™ products on which Compensation and bonuses are paid. The Virtual Office and other sales aids are not Compensation products.

Company — The term “Company” as it is used throughout the Agreement means Prepare Then Share™, LLC.

Downline Activity Report — An online report provided by the Company in each Advocate’s back office that provides critical data relating to the identities of Advocates, sales information, and enrollment activity of each Advocate’s Marketing Organization. This report contains confidential and trade secret information that is proprietary to Prepare Then Share™.

Downline Leg — Each one of the individuals enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.

End Consumer — A person who purchases Prepare Then Share™ products for the purpose of personally consuming them rather than for resale to someone else.

Marketing Organization — The Customers and Advocates sponsored below a particular Advocate.

Official Prepare Then Share™ Material — Literature, audio or video tapes, and other materials developed, printed, published and distributed by Prepare Then Share™ to Advocates.

Personal Volume (PV) — The Compensation value of products sold by the Company to an Advocate, sold through an Advocate’s replicated website, or sold to an Advocate’s personally sponsored Preferred Customers in a calendar month.

Rank — The “title” that an Advocate has achieved pursuant to the Prepare Then Share™ Marketing and Compensation Plan.

Recruit — For purposes of Prepare Then Share’s™ Conflict of Interest Policy (Section 4.8), the term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or through a third party, another Prepare Then Share™ Advocate, or Customer to enroll or participate in another multi-generation or multi-level marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the Advocate’s actions are in response to an inquiry made by another Advocate or Customer.

Resalable — Products shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) the product and packaging are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) products are returned to Prepare Then Share™ within one year from the date of purchase; 5) the product expiration date has not elapsed; and 6) the product contains current Prepare Then Share™ labeling. Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued, or as a seasonal item, shall not be resalable.

Retail Customer — An individual that is not an Advocate and who purchases Prepare Then Share™ products from an Advocate or through an Advocate’s replicated website..

Retail Profit — The difference between the wholesale price of products and the retail price an Advocate receives for products when they are resold.

Roll-Up — The method by which a vacancy in a Marketing Organization left by an Advocate whose Advocate Agreement has been canceled is filled.

Sponsor — An Advocate who enrolls a Customer or another Advocate into the Company, and is listed as the Sponsor on the Advocate Application and Agreement. The act of enrolling others and training them to become Advocates is called “sponsoring.”

Suggested Retail Price (SRP) — The price at which Prepare Then Share™ suggests Advocates sell a particular product to Retail Customers. Notwithstanding the SRP, Advocates are always free to sell Prepare Then Share™ products from their personal inventory at any price they choose.

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