Policies and Procedures

XFACTOR WAY, LLC

Policies and Procedures

Effective: April 1, 2024

SECTION 1 | Introduction

XFACTOR WAY, LLC (from here forward to be known as “XFACTOR WAY” or the “Company”) The Company is comprised of a group developers and educators on a mission to share our knowledge with the world via XFACTOR WAY. XFACTOR WAY is an (ADD DISCRIPTION HERE)

These Policies and Procedures (also referred to as the “Agreement”), in their present form and as amended by XFACTOR WAY, are an integral part of the Company’s Independent Associate Agreement (Member Agreement). Throughout these policies, when the term “Agreement” is used, it collectively refers to the XFACTOR WAY Independent Associate Agreement (Member Agreement). Independent Associate also referred to as Members) The XFACTOR WAY Policies and Procedures and the Compensation Plan (also referred to as the Compensation Plan) are documents that are incorporated by reference into the Member Agreement. These Policies and Procedures in their present form are the current policies of the Company.

PURPOSE | The Purpose of the XFACTOR WAY Policies and Procedures is to clearly define the business relationship between the Company and the Independent Associate (Member). It is also to define the functions of the Company, the Member, Compensation Plan, the Member Agreement and any other procedural or actionable document that is provided now or in the future by the Company.

CHANGES TO THE AGREEMENT | XFACTOR WAY reserves the right to amend the Agreement at any time. Revisions may result from, but are not limited to, federal, state, local and/or International law changes and industry changes. Changes of the amendments will be made available to all Members. A Members continuation of the XFACTOR WAY participate and/or the acceptance of their commissions after the effective date of the amendment will constitute their acceptance and understanding of all amendments.

DELAYS | XFACTOR WAY will not be responsible for delays or failures in performance of its obligations when performance is less than favorable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire, pandemics and/or weather, curtailment of a source of supply, or government decrees or orders.

GENERAL MEMBER RULES | All Members should protect and promote the XFACTOR WAY brand, its products, educational materials and its services. The marketing and promotion of the Company, the educational information, the compensation plan, and product offering must avoid all uncivil, deceptive, misleading, unethical or immoral conduct or practices.

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 XFACTOR WAY to exercise any right or power under the Agreement or to insist upon strict compliance by a Member 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 the Company’s right to demand exact compliance with the Agreement.

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 XFACTOR WAY to exercise any right or power under the Agreement or to insist upon strict compliance by a Member 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 the Company’s right to demand exact compliance with the Agreement.

IDENTIFICATION | Members are NOT required to provide their Social Security Number or a Federal Employer Identification Number to XFACTOR WAY on the Member Application and Agreement.

SECTION 2 | Becoming a Mason Grove Member

REQUIREMENTS TO BECOME A MEMBER |To become a Member, each person or entity must:

  • Be at least 18 years of age;
  • Have a Crypto Currency Wallet;
  • Complete our Join Process and Agree to the Polices, Terms and Guidelines of XFACTOR WAY;
  • Pay the annual, XFACTOR WAY Administrative Fee of $25.00.

MINORS | A person who is recognized as a minor in their state of residence or country may not be a XFACTOR WAY Member. Members shall not enroll or recruit minors into the XFACTOR WAY program.

MEMBER STATUS | The agreement between XFACTOR WAY and a Member does not create an employer/employee relationship, agency, or joint venture between the Company and the Member. Members shall not be treated as an employee for their services or for Federal or State tax purposes. All Members are responsible for paying local, state, and federal taxes due from all commissions or gifts received as a Member of the Company. The Member has no authority either expressed or implied to bind the Company to any obligation. Each may establish their own reward goals, and time invested in training, so long as they comply with the terms of the Member Agreement, these Policies and Procedures, and applicable laws.

PRODUCT PURCHASES | Except for the Annual Administrative fee, there is no requirement to purchase a product to become a member.

MEMBER BENEFITS | Upon the completing of a Members Join Process and Agreement, the Member will have access to the following benefits based on the member’s level:

 

  • Promote their XFACTOR WAY Referral Link and invite others to become members
  • The opportunity to sell products
  • Access to the XFACTOR WAY Virtual Office
  • Ability to participate in and earn commissions based on product sales
  • Receive periodic XFACTOR WAY communications

SECTION 3 | Member Agreement Actions

MEMBER AGREEMENT ACTIONS | A XFACTOR WAY Member will be in their agreement for periods of 1 year at a time. Manual acknowledgement will be required on the anniversary date (MM/DD) every year and you will have (30) days to accept your renewal.

If a Member lets their Agreement expire or a voluntary termination takes place, a Member will be eligible to re-apply in 6 months following the expiration or voluntary termination of their Agreement. If a Member is involuntarily terminated, the Company reserves the right to decline their request to re- apply. XFACTOR WAY reserves the right to decline any New or Renewing.

CANCELATION AND/OR VOLUNTARY TERMINATION | A Member may terminate his or her Agreement and Membership by submitting a written notice or email to Support@XFACTORWAY.com within three (3) calendar days from the date of becoming a member to be eligible for a refund. The written notice must include the following:

  • The Member’s intent to cancel and the date of cancelation;
  • XFACTOR WAY User Identification;
  • Email Address Associated with their Membership;
  • Signature.

INVOLUNTARY TERMINATION | In the event of a dispute inside or outside of this agreement, Members will always be given (1) written warning followed by discussion pertaining to the issue in question. We at XFACTOR WAY will always give the benefit of the doubt to our Members, however we may also take actions that may include termination of this Agreement, if a Member continues to violate any of the terms found in the Agreements, Terms or in the Policies and Procedures. XFACTOR WAY reserves the right to terminate a Member for, but not limited to, the following reasons:

  • Violation of any Terms or Conditions of the Member Agreement;
  • Violation of any provision in these Policies and Procedures;
  • Violation of any applicable law, ordinance, or regulation regarding the XFACTOR WAY business;
  • Engaging in unethical business practices or violating standards of fair dealing

A written notice from XFACTOR WAY will be given to the Member notifying them of the termination. The reason for the termination will be included in the notice. Upon termination, the Member will no longer be eligible to participate in the Member Agreement, earn commissions and the Policies and Procedures.

ACTIONS OF AFFILIATED PARTIES | If anyone affiliated in a Business Entity which is a Member of XFACTOR WAY that violates the Agreement, such action(s) will be deemed a violation by the Business Entity and each Affiliated Party. The Company may take corrective action jointly and severally against the Business Entity and/or each Affiliated Party. The Affiliated Party may forgo their interest in the Business Entity by submitting in writing to XFACTOR WAY stating that they are foregoing their interest in the Business Entity. Anyone forgoing the Business Entity may not participate in XFACTOR WAY as a member for 6 consecutive calendar months.

ACTIONS OF HOUSEHOLD MEMBERS OR AFFILIATED PARTIES | If any member of a Member’s immediate household engages in any activity which, if performed by the Member, would violate any provision of the Agreement, such activity will be deemed a violation by the Member and the Company may take disciplinary action pursuant to these Policies and Procedures against the Member. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and XFACTOR WAY may take disciplinary action against the Business Entity. Likewise, if a Member enrolls in XFACTOR WAY as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the Terms and Conditions of the Agreement.

SUCCESSION | Although XFACTOR WAY has no access or control to a member’s Crypto Currency Wallet, upon the death or incapacitation of a Member, his or her membership may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a Member should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a XFACTOR WAY membership is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all earned commissions, bonuses or rewards of the deceased Member from date of transfer provided the following qualifications are met. The successor(s) must:

  • Complete and execute a Member Agreement;
  • Comply with terms and provisions of the Agreement; and
  • Meet all the qualifications for the deceased Member’s status.
  • Have access to the deceased Commissions of their own to the membership account.

TRANSFER UPON DEATH OF A MEMBER |  To effect a testamentary transfer of a XFACTOR WAY membership, the executor of the estate must provide the following to XFACTOR WAY:

  • An original death certificate;
  • Certified letters testamentary or a letter of administration appointing an executor; and
  • Written instructions from the authorized executor to the Company specifying to whom the membership should be transferred.

TRANSFER UPON INCAPACITATION OF A MEMBER | To effect a transfer of a XFACTOR WAY membership because of incapacity, the successor must provide the following to the Company:

  • A notarized copy of an appointment as trustee;
  • A notarized copy of the trust document or other documentation establishing the trustee’s right to administer the XFACTOR WAY membership; and
  • A completed XFACTOR WAY Member Agreement executed by the trustee.

SECTION 4 | Member Direct Referrals

All Members in good standing have the right to invite/refer new Member. While engaged in referral activities, it is not uncommon to encounter situations when more than one Member will approach the same potential new member. It is the accepted courtesy that the new member will be referred by the first Member who presented a comprehensive introduction to Member. The Company recognizes that each new member has the right to ultimately choose his, her or its own Referrer, but Member will not allow Members to engage in unethical referral activities.

CROSS MEMBER REFERRALS | Actual or attempted cross-referring is strictly prohibited. “Cross- Referring” is defined as the enrolment of an individual or entity that already has a current Member Agreement on file with XFACTOR WAY or who has had such an agreement within the preceding 6 calendar months, with an existing member. The use of a spouse’s or relative’s name, trade names, DBAS,assumed names, corporations, partnerships, trusts, federal ID numbers, fictitious ID numbers or any other artifice to circumvent this policy is prohibited. Members shall not demean, discredit or defame other XFACTOR WAY Members in an attempt to entice another Member to become part the first Member’s Organization.

If Cross-referring is discovered, it must be brought to the Company’s attention immediately. XFACTOR WAY may take disciplinary action against the Member that changed organizations and/or those Members who encouraged or participated in the Cross-referring. XFACTOR WAY may also move all or part of the offending Member’s existing referred members to his or her original members if the Company deems it equitable and feasible to do so. However, XFACTOR WAY is under no obligation to move the Cross-Referred Member’s and the ultimate disposition of the members remains within the sole discretion of XFACTOR WAY. Members waive all claims and causes of action against XFACTOR WAY arising from or relating to the disposition of the Cross-Referred Member’s Members.

SECTION 5 | Promoting XFACTOR WAY

ADVERTISING |  Members are encouraged to use the Company provided marketing materials. Members are expected to engage in responsible, legal advertising and marketing activities approved by XFACTOR WAY. XFACTOR WAY reserves the right to refuse authorization to participate at any function that it does not consider a suitable opportunity for the promotion of its products and services, or educational material.

CREATED TOOLS | Company created tools have been developed to give Members convenient and effective tools for use. A XFACTOR WAY Member must safeguard and promote the good reputation of XFACTOR WAY and the products information and services it provides. The marketing and promotion of the Company, the Company Compensation Plan, and XFACTOR WAY products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.

All promotional materials supplied or created by XFACTOR WAY must be used in their original form and cannot be changed, amended or altered except with prior written approval from XFACTOR WAY. Members are not allowed to create a secondary website using the XFACTOR WAY name, content or images.

LOGO | if authorized, Members are only allowed to use the XFACTOR WAY logo that has been approved and distributed by the Company.

MEMBER CREATED TOOLS | Members may wish to create their own marketing materials such as brochures, flyers, team t-shirts, etc. If a Member creates their own tools, the Member must submit the tools to the Company and receive prior written approval before using the tools. Members may not sell tools to other Members.

MEDIA INQUIRIES | If a Member receives a media request for an interview or information, the Member must first contact the Company and obtain authorization to speak with, or provide information to, the media. The Member must identify themselves as an Independent Member with XFACTOR WAY and make it clear that they are not an employee of XFACTOR WAY or a spokesperson for the Company.

PRESS CONTACT AND LEADS | The Company and our Marketing Department are the primary points of contact with any and all journalists, top-tier bloggers, editors, celebrities, and large-scale organization on half of XFACTOR WAY. If you wish to contact any of the press or media entities, even if they are local, you need to contact XFACTOR WAY first and receive written permission to proceed.

UNSOLICITED EMAIL | The Company does not permit Members to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, but not limited to, the federal CAN SPAM Act. Any email sent by a Member that promotes XFACTOR WAY, the XFACTOR WAY educational materials, or products and services, it must comply with the following:

  • There must be a functioning return email address to the sender
  • There must be a notice in the email that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to them (i.e., a functioning “opt-out” notice).
  • The email must include the Member’s physical mailing address.
  • The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
  • The use of deceptive subject lines and/or false header information is prohibited.
  • All opt-out requests, whether received by email or regular mail, must be honored.

The Company may periodically send commercial emails on behalf of Member. By entering into the Member Agreement, a Member agrees that the Company may send such emails and that the Member’s email addresses will be included in such emails as outlined above. Members shall honor opt-out requests generated as a result of such emails sent by the Company.

UNSOLICITED FAXES | Members may not use or transmit unsolicited faxes in connection with XFACTOR WAY.

TELEMARKETING LIMITATIONS | A XFACTOR WAY Member must not engage in telemarketing in relation to XFACTOR WAY. The Federal Trade (FTC) and the Federal Communications (FCC) each have laws that restrict telemarketing practices.

GOOGLE AND OTHER ONLINE ADVERTISING | It is crucial that any online ads do not lead the reader to believe the ads are by XFACTOR WAY itself. Care must be taken with platforms such as Google Dynamic Ads to ensure that automatically generated or optimized ads do not violate these rules and guidelines.

Some specific things to avoid include; but are not limited to:

  • The use of the search terms or keywords “XFACTOR WAY” or XFACTOR WAY Member” – these terms are reserved for the use by XFACTOR WAY
  • Using www.XFACTOR WAY.io as a URL – or any variation which uses XFACTOR WAY.
  • Using alternate domains is also not permitted. These include but are not limited to .org, .edu, etc.

A Member may not use or attempt to register any of XFACTOR WAY’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.

THIRD PARTY WEBSITES |  Members may NOT have a third-party website, unless given written permission by XFACTOR WAY. If a Member who has received authorization to create and post a third- party website is voluntarily or involuntarily canceled for any reason, or if XFACTOR WAY revokes its authorization allowing the Member to maintain a third-party website, the Member shall assign the URL to his/her third-party website to the Company within 3 days from the date of the cancellation and/or re- direct all traffic to the site as directed by the Company. XFACTOR WAY reserves the right to revoke any Member’s right to use a third-party website at any time if XFACTOR WAY believes that such revocation is in the best interest of XFACTOR WAY, or its Members. Decisions and corrective actions in this area are at the Company’s sole discretion.

Profiles a Member generates in any social community where XFACTOR WAY is discussed or mentioned must clearly identify the Member as a XFACTOR WAY Member, and when a Member participates in those communities, Members must avoid inappropriate conversations, comments, images, income claims, earnings claims, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at XFACTOR WAY’s sole discretion, and offending Members will be subject to disciplinary action. If a link is provided, it must link to the posting Member’s replicated website, join page or an approved third-party website.

COMPANY PROVIDED REPLICATED WEBSITE | Members receive a Company replicated website to access training, educational materials, products, services and referring new members. Members may not alter the branding, artwork, look, or feel of their replicated website, and may not use their replicated website to promote, market or sell non-XFACTOR WAY products, services or business opportunities. Specifically, Members may not alter the look (placement, sizing etc.) or functionality of the following: The Member Logo, artwork, logos, graphics or original text.

If your XFACTOR WAY business is cancelled for any reason, you must discontinue using the XFACTOR WAY name, and all of XFACTOR WAY’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an independent XFACTOR WAY Members, you must conspicuously disclose that you are no longer a XFACTOR WAY Members.

UNAUTHORIZED CLAIMS | Members are solely responsible and liable for their own content, messaging, claims, and information and must ensure that it appropriately represents and enhances the Company brand and adheres to XFACTOR WAY’s Policies and Procedures. Additionally, external websites must not contain disingenuous popup ads or malicious code. Decisions and corrective actions in this area are at the Company’s sole discretion. Failure to comply with these Policies and Procedures for conducting business online may result in the Member losing their right to advertise and market XFACTOR WAY products, services and XFACTOR WAY’s educational materials online in addition to any other disciplinary action available under the Policies and Procedures.

ONLINE MARKETPLACES | XFACTOR WAY wants to provide a high level of flexibility in how Member choose to share XFACTOR WAY products, services and educational material while protecting our brand and protecting all Member. The preferred method of sharing information is through the Member’replicated website. No warranties or guarantees are offered on any XFACTOR WAY products, services or educational material sold through any marketplace or forum.

SECTION 6 | Digital and Social Media

DIGITAL MEDIA SUBMISSION | Members may NOT upload, submit, and/or publish XFACTOR WAY- related video, audio, or photo content that they develop and create so long as such video, audio, or photo content aligns with the Company’s values, contribute to the XFACTOR WAY community’s greater good, and be in compliance with XFACTOR WAY’s Policies and Procedures without the prior written permission. Members may not upload, submit, or publish any content (video, audio, presentations or any computer files) received from the Company or captured at official Company events or in buildings owned or operated by the Company without prior written permission.

SOCIAL MEDIA | Members must adhere to all of Company Policies and Procedures in their use of social media, including but not limited to the external website polices set forth in these Policies and Procedures. In addition, the following policies specifically apply to Member’s social media use.

Identification as a XFACTOR WAY Member, Members must disclose their real name on all social media postings, and conspicuously identify themselves as a Member of XFACTOR WAY. Anonymous posting or use of an alias is prohibited.

IDENTIFYING YOURSELF AS A MEMBER | You are not authorized to use the XFACTOR WAY marks in the title, header, nor heading of your social media pages without the prior written permission of XFACTOR WAY, except in one or more of the following forms:

  • XFACTOR WAY by (Your Name)
  • @XFACTOR WAY(Your Name)
  • (Your Name), a XFACTOR WAY Member

On LinkedIn® and similar platforms, you may identify your affiliation with XFACTOR WAY in the following way:

  • Independent Member at XFACTOR WAYs

THIRD-PARTY INTELLECTUAL PROPERTY | If the trademarks, trade names, service marks, copyrights, or intellectual property of any third party are used in any posting, it is the responsibility of the Member to ensure that they have received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and Members must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.

DECEPTIVE POSTS | Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings, claims relating to the XFACTOR WAY, the products and services, materials, training and/or your biographical information and credentials.

  • Income or Earnings Claims
  • Sexually explicit, obscene or pornographic;
  • Offensive, profane, hateful, threatening, defamatory, harassing or discriminatory – whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise;
  • Graphically violent, including any violent video game images;
  • Solicitous of any unlawful behavior;
  • Engages in personal attacks on any individuals, group or entity;
  • In violation of any intellectual property rights of the Company or any third party.

RESPONDING TO NEGATIVE SOCIAL MEDIA POSTS | Members are encouraged not to converse with anyone who places a negative post against them, other Members, or the Company. Responding to such negative posts often simply fuels a discussion with someone carrying a resentment that does not hold themselves to the same high standards as XFACTOR WAY. This could therefore damage the reputation and goodwill of the Company. Members should report negative posts by sending a screen shot or similar evidence to the XFACTOR WAY.

PROMOTING THROUGH SOCIAL MEDIA | In addition to meeting all other requirements specified in the Company’s Policies & Procedures, should a Member utilize any form of social media, including but not limited to Facebook, Instagram, Twitter, LinkedIn, Tik Tok, YouTube, Snapchat or Pinterest, the Member agrees to each of the following:

  • Members may post or “pin” photographs of the Company products on a social media site but may not overlay the XFACTOR WAY logo in their photos. Only photos that are provided by the Company and downloaded from the Member’s Back Office may be used with the company logo.
  • If the Member’s XFACTOR WAY Membership is cancelled for any reason or if the Member becomes inactive, the Member must deactivate their XFACTOR WAY social media profile and/or pages that promote XFACTOR WAY.

Reference the Social Media Guidelines document for more details.

CHANGE IN PERSONAL REFERRAL OR PLACEMENT | The transfer of a XFACTOR WAY Member from one Referrer to another (a lineage change) is rarely permitted. Requests for change of lineage must be submitted in writing to the XFACTOR WAY Support Department and must include the reason for the transfer. To maintain the integrity of the Company, a request to change Member placement or lineage can only be made within the first 30 days of initial enrollment.

UNETHICAL PERSONAL REFERRALS | Unethical activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Member from another Member or influencing another Member to transfer to a different Member. If the reports are substantiated, XFACTOR WAY may transfer the Member or the Member’s direct referrals to another Member without approval from the current Member or Placement Members. XFACTOR WAY remains the final authority in such cases.

CANCELLATIONS AND RE-JOIN | A Member may change organizations by voluntarily canceling their XFACTOR WAY membership and remaining inactive (i.e., no activity, no attendance at any Company functions, participation in any other form of Member activity, or operation of any other activity, no level movement from the XFACTOR WAY membership for 6 full calendar months. Following the six-month period of Non-renewal, the former Member may reapply under a new Referrer, however, the former Member’s direct referrals and indirect referrals will remain in their original Referrer’s lineage. Members waive any and all claims against the Company, its officers, directors, owners, employees and agents that relate to or arise from the Company’s decision regarding the disposition of any direct and or indirect referrals that develops below the Member who has improperly changed linage.

SECTION 7 | Income, Earnings and Product Claims

INCOME AND EARNINGS CLAIMS | Members shall not make claims or representations of potential or guaranteed income or profits in connection with the XFACTOR WAY. The Federal Trade Commission and several states have laws and/or regulations that prohibit certain types of income claims and testimonials. Because Members do not have the data necessary to comply with the legal requirements for making income claims, Members are prohibited to do so. While Members may believe it beneficial to share with others potential earnings, such claims may have legal consequences and adversely impact the Company, as well as the Member making the claims. Therefore, XFACTOR WAY Members may not make any projections, claims or estimates regarding potential or guaranteed income, or disclose their own income by showing checks, copies of checks, bank statements, tax records or other such documents. When presenting or discussing the XFACTOR WAY Compensation Plan, you must make it clear to prospects that financial success requires commitment, effort, and sales skill. Equally, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to:

  • You’ll do the work for them.
  • Their upline will build your organization for you.
  • The Company does all the work for you.
  • All you have to do is join.

The above are just examples of improper representations about the Compensation Plan and the Company’s program. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful without commitment, effort, and skill.

PRODUCT CLAIMS | XFACTOR WAY strongly encourages all of its Members to promote the benefits of XFACTOR WAY’s innovative Educational Materials and Training. Members may not make product comparisons against the products of other companies, except as specifically set forth in official XFACTOR WAY marketing materials.

Claims (which include personal testimonials) as to income, investment advice, investments, earnings or beneficial properties of any products offered by XFACTOR WAY may not be made except those contained in official Company literature. In particular, no Member may make any claim that XFACTOR WAY products guarantee positive financial results of any kind. Such statements can be perceived as financial or investment advice or income & earnings guarantees/claims. Not only do such claims violate XFACTOR WAY policies, they also may potentially violate federal and state laws and regulations.

SECTION 8 | Participation in Other Business or Network Marketing Programs

If a XFACTOR WAY Member is engaged in a business or direct sales program, the Member must adhere to the following:

  • Members shall not blend a display of XFACTOR WAY promotional material, sales aids, products or services with non-XFACTOR WAY promotional material or sales aids, products or services. This applies to any and all social media platforms and third-party websites or blogs. If booth space is shared, the space needs to clearly separate XFACTOR WAY branded products in their own section.
  • Members may not offer any non-XFACTOR WAY products, opportunity or services at any Company related meetings, seminars, conventions, webinars, teleconferences, or other functions.

NON-SOLICITATION |  Following the cancellation of the Member’s Agreement, and for a period of 6 months thereafter, the Member may not recruit any XFACTOR WAY Member to another Competing business.

The term “recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Member to enroll or participate in another competing company.

SECTION 9 | Confidential Information

Confidential information includes but is not limited to: the identities of Members and contact information of Members. Confidential Information is or may be available to Members in their respective back office. Member access to such confidential Information is password protected and confidential Information constitutes proprietary trade secrets belonging to XFACTOR WAY. Such confidential Information is provided to Members in strictest confidence and is made available to Members for the sole purpose of assisting Members in working with their respective referrals in the development of their XFACTOR WAY team.

To protect Confidential Information, Members shall not, on their own behalf, or on behalf of any other person, partnership, association, corporation or other entity:

  • Directly or indirectly disclose any confidential Information to a third party;
  • Directly or indirectly disclose the password or other access code to their back office to any third party;
  • Use any confidential Information to compete with XFACTOR WAY;
  • In any manner attempt to influence or induce any Member or Customer of the Company’s to alter their relationship with XFACTOR WAY; or
  • Use or disclose to any person, partnership, association, corporation, or other entity any confidential information.

SECTION 10 | Income Tax

XFACTOR WAY will provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each US Member whose earnings for the year is at least $600 or who received trips, prizes or rewards valued at $600 or more.

Members accept sole responsibility for and agrees to pay all federal, state and local taxes on any income generated as a Member in the Compensation Plan, and further agrees to indemnify XFACTOR WAY from any failure to pay such tax amounts when due. XFACTOR WAY encourages all Members to consult with a tax advisor for additional information.

SECTION 11 | Change of Personal Information

It is the sole responsibility of the Member to provide changes of their personal information. This includes, but may not be limited to:

  • Name changes
  • Address changes
  • Email changes

SECTION 12 | Ethics

XFACTOR WAY Members must show fairness, honesty, respect and professionalism to all people associated with XFACTOR WAY, regardless of race, gender, social class or religion, thereby fostering a positive atmosphere of teamwork, good morale and community spirit. Members should make every effort to resolve business issues, including situations with upline and downline Members, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.

A Member’s negative comments about XFACTOR WAY, its products or Compensation Plan, and made to XFACTOR WAY, other XFACTOR WAY Members or at XFACTOR WAY meetings or events, serve no purpose other than to diminish the enthusiasm of other XFACTOR WAY Members. XFACTOR WAY Members must not belittle XFACTOR WAY, other Members, Company products or services, the Compensation Plan, or Corporate directors, officers, or employees, product suppliers or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by the Company.

XFACTOR WAY is committed to providing Members with an environment free from harassment, intimidation, and abuse from other Members, employees, vendors, and any other individual. At XFACTOR WAY, harassment of any kind will not be tolerated and is strictly prohibited, such as: derogatory or threatening comments, inappropriate sexual behavior including but not limited to unwelcome sexual advances or requests for sexual favors, displaying visual images of a sexual nature, physical or verbal harassment, or violent behavior. Members are encouraged to report any type of harassment incidents immediately. XFACTOR WAY will not tolerate acts or threats of violence and will investigate all reports. You have a responsibility to act when you are aware of a threat or risk to any of our Members, employees, vendors, and any other individuals.

XFACTOR WAY may take appropriate action against a Member if it determines; in its sole discretion, that a Member’s conduct is damaging, disruptive, or detrimental to the Company or to other XFACTOR WAY Members.

SECTION 13 | Reporting Policy and Procedure Violations

A Member who observes a policy violation by another Member should submit an email from the email address we have on file. The letter shall set forth the details of the incident as follows:

  • The nature of the violation;
  • Specific facts to support the allegations;
  • Dates;
  • Number of occurrences;
  • Persons involved; and
  • Supporting documentation

Once the matter has been presented to XFACTOR WAY, it will be researched thoroughly by the Company and appropriate action will be taken if required.

This section refers to the general reporting of Policy violations as observed by other Members for the mutual effort to support, protect, and defend the integrity of the XFACTOR WAY business and sales opportunity. If a Member has a grievance or complaint against another Member which directly relates to his or her XFACTOR WAY business, the Procedures set forth in these Policies must be followed.

SECTION 14 | COMPENSATION PLAN Eligibility

Members must be active, in compliance with the Members Agreement and meet specific rank requirements to be considered eligible to earn or receive commissions.

SECTION 15 | Non-renewal and/or Termination of a Member

So long as a Member remains active and complies with the terms of the Member Agreement, meets rank requirements and these Policies and Procedures, that member will remain eligible the participate in the Compensation Plan.

A Member whose membership is terminated will lose all rights as a Member. This includes the right to access XFACTOR WAY products, educational information, services and the right to receive future commissions. In the event of termination, Members agree to waive ALL RIGHTS they may have.

Following a Member’s termination of their Member Agreement, the former Member shall not hold themselves out as a Member and shall not have the right to promote XFACTOR WAY products or services. A Member whose is terminated shall receive commissions only for the last full pay period they were active prior to termination. When a termination occurs, everyone shifts up one level; so the first level (or frontline) of the terminated Member now becomes the first level (or frontline) of the terminated Member.

SECTION 16 | Loss of Direct & Indirect Referrals Due to Non-renewal or Termination

INVOLUNTARY TERMINATION | Violation of any of the terms of the Agreement, including any amendments that may be made by the Company in its sole discretion, may result in disciplinary measures including the involuntary termination of their Member Agreement. Termination shall be effective on the date on which written notice is emailed to the Member’s email address on file.

The Company reserves the right to terminate all Member Agreements upon thirty (30) days written notice in the event that the Company elects to:

  • Cease business operations;
  • Dissolve as a corporate entity;

VOLUNTARY TERMINATION | Members enrolled with the Company have a right to terminate at any time, regardless of reason. The termination notice must be submitted to the Company’s Support Department via email. The notice must include the Member’s printed name, Email Address used to become a member, and Member I.D. The notice must come from the Member’s email account the Company has on file. Once the termination request is received and responded to by the Company Support Department, the Member’s account will be suspended, and the Member will no longer be able to access their Back Office. Also, their replicated XFACTOR WAY website will be disabled. The effective date of the termination is always on the 1st of the month following the receipt of the requested termination.

XFACTOR WAY GLOSSARY OF TERMS

ACTIVE MEMBER | A Member who satisfies the Agreement requirement, paid their $25 Annual Renewal Fee and Contributed a minimum of $25 at the Bronze Level. This member is eligible to participate in the XFACTOR WAY Compensation Plan.

ACTIVE RANK | The term “active rank” refers to the current rank or level at which a Member has made a contribution. To be considered “active” relative to a particular rank, a Member must meet the criteria set forth in the XFACTOR WAY Compensation Plan for his or her rank.

AGREEMENT | The contract between the Company and each Member, which includes the following: the Member Agreement, the XFACTOR WAY Policies and Procedures, and the Company Compensation Plan, all in their current form and as amended by XFACTOR WAY, in its sole discretion. These documents are collectively referred to as the “Agreement.”.

MEMBER | A Member satisfies the Agreement requirement, has paid the $25 Annual Renewal Fee, but has NOT contributed to any Level. He or She is NOT eligible to participate in the Compensation Plan.

DOWNLINE (DIRECT REFERRAL LINGEAGE) | Key data relating to the identities of Members, Placement Information, and enrollment activity of each Member’s Direct Referrals. INDIRECT REFERRALS | This term refers to the Member(s) enrolled by a Member’s Direct Referred members and their members.

CANCEL | The termination of a Member’s access and membership. Cancellation may be either voluntary or involuntary through non-renewal or Non-renewal.

COMPANY | The term Company refers to XFACTOR WAY.

COMPENSATION PLAN (COMPENSATION PLAN) | The guidelines and referenced literature for describing how Members can earn commissions.

RANK or LEVEL | RANK or LEVEL | The title that a Member has achieved pursuant to the XFACTOR WAY Compensation Plan. “Title Rank” refers to the highest rank a Member has achieved in the XFACTOR WAY Compensation Plan at any time.

REPLICATED WEBSITE | A website provided by XFACTOR WAY to Members which utilizes website templates developed by XFACTOR WAY.

SOCIAL MEDIA | Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/ viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, TikTok, Twitter, LinkedIn, Instagram, Pinterest, Delicious, and YouTube.