VIP Member Policy & Procedures

Policies and Procedures governing VIP Members are outlined below. Take time to read the entire document to fully understand the Policies and Procedures. These Policies and Procedures are incorporated by reference in the Member Agreement. In the case of any conflict between these Policies and Procedures and the VIP Member Agreement, the VIP Member Agreement shall prevail. The Company reserves the right to change these Policies and Procedures at any time. 

Statement of Operating Philosophy
The Founders of the Company believe in leadership by example rather than management by directive. The Company’s leadership has demonstrated a high degree of integrity and success at both sales and corporate levels. As such, they are committed to the following principles and standards as an expansion of their creed. For purposes of these Policies and Procedures, Rockin’ Art VIP Member Network LLC shall be referred to as the "Company". 

Commitment to Excellence
The Company’s corporate management team is committed to supporting its customers and VIP Members, to giving them quality service and to calculating and posting reports and commission payments in a timely manner. The Company has set these goals to give each VIP Member the best opportunity to develop a successful referral business. The Company will not exclude anyone from this great opportunity based on race, age, sex, national origin, religion, disability, or any other similar grounds prescribed or otherwise prohibited by law.

1. VIP Member Rights and Obligations
A. Ethics
The Company conducts business in an ethical and credible manner and requires its VIP Members to deal ethically with their referrals, with each other, with VIP Members in their personal VIP Alliance and with the Company. The Company permits no unethical or illegal activity and will intercede when such behavior may exist, and the Company reserves the right to use its best judgment in deciding whether certain VIP Member activities are unethical. Furthermore, the Company may use its own discretion in determining the appropriate course of action. If the Company determines that unethical activities may exist, then it reserves the right to suspend or terminate VIP Member status, including but not limited to all commissions and payments of any kind. Under no circumstances would an VIP Member who is terminated for unethical or illegal activity be entitled to a refund of their VIP Member membership fee, nor are they entitled to sell or transfer their position.

EXAMPLES OF UNETHICAL OR ILLEGAL ACTIVITY INCLUDE, BUT ARE NOT LIMITED TO:
1. Forging a signature on any document. This includes electronic signatures on any Company customer portal, as well as online VIP Member Agreements.

2. Making false or misleading representations of any kind including, but not limited to, misrepresentations about products or services or the Compensation Plan.

3. Crossline recruiting: A VIP Member may not solicit an individual or entity that has been previously sponsored by another VIP Member or that is considering joining and being sponsored by another VIP Member. For example, potential VIP Members sent to a VIP Member’s website by another active VIP Member cannot be recruited. During the term of their agreement and for a period of one (1) year after their Agreement has expired or terminated, VIP Members are further prohibited from directly or indirectly soliciting an existing or pending VIP Member into a sales organization in which he/she is not currently a member. VIP Members may not solicit a VIP Member, whether active, inactive, individual or an entity, to participate in a network marketing program offered by any other company, which offers products or services competitive to those offered by the Company.

4. Spreading false or misleading remarks or rumors with malicious intent that may disparage the Company, Company employees, Service Providers, or another VIP Member.

5. Any unauthorized use of the Company’s name, trademarks or copyrighted material (i.e. reproducing Company forms, business cards, etc.).

6. Violation of any federal, state or local laws or regulations.
VIP Members are prohibited from third party solicitation by telemarketing, direct mail, sweepstakes, contests and drawings. The Company only authorizes sales by means of direct personal referral of customers.

B. Offerings/Terms of Service
The Company has the sole right to accept or reject orders for products and services, to establish and change without notice the prices of such products and services as well as to establish the terms and conditions of their offering. The Company may also discontinue offering or selling any product or service, without liability or obligation to its VIP Members or its customers.

C. VIP Member Sign-Up
VIP Members must sign up for membership on the Company or an authorized replicated website only. No VIP Member shall accept funds for new VIP Member memberships. The Company may terminate any VIP Member discovered accepting funds or operating a bank account in the name of the Company or any other similar name.

D. Personal Usage/Purchases
A VIP Member is not required to subscribe to or purchase any product or service marketed by the Company, other than the initial requirement of one tee shirt purchase upon joining. Earning referral commission in the Compensation Plan is based upon the acquisition of customers. However, if a VIP Member chooses to purchase any products or services offered by the Company, he/she will be responsible for all billing when due. If an VIP Member becomes past due on any bill, for services or products provided by the Company or a Service Provider, the Company may deduct amounts owed from future commission payments. The Company reserves the right to terminate any VIP Member that is repeatedly past due in the payment of any service or product.

E. Unauthorized Contact
Under no circumstances is a VIP Member permitted to directly contact any Service Provider with whom the Company contracts, unless it is in specific relation to a personal account they may currently have with said provider. In the event that your customer is experiencing difficulties with a specific provider, please inform your customer to contact the Company directly to resolve the matter.

F. Territorial Rights/Conducting Business Across Borders
VIP Members can market products and services and sponsor new VIP Members in any country where the Company conducts business, without exclusivity. VIP Members may only promote the Company in countries where the Company currently operates. VIP Members conducting business in foreign countries must adhere to the Company Policies and Procedures governing activities in that country. Furthermore, compensation will be based on the Compensation Plan of that specific country and be subject to conversion to U.S. funds. VIP Members are responsible for knowing and adhering to all laws and accepted business practices in the countries they choose to market. This includes but is not limited to Customs and Immigration Laws and accepted marketing practices.

G. Further Limitations
The Company reserves the right to limit or disallow any activities that cast negative aspersions on the integrity, truthfulness, and/or reputation of the Company.

2. Status as an Independent Contractor

A. Claims of Employment
VIP Members are independent contractors and not employees of the Company. The position of VIP Member shall not be construed as creating a relationship of employee-employer, agency, partnership or joint venture between any participant, sponsor and the Company. It is impermissible to assert or imply that a VIP Member or prospective VIP Member is or will be employed by the Company.

B. Binding Arbitration
In the event of a dispute between a VIP member and the Company as to our respective rights, duties and obligations arising out of or relating to this Agreement and the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures before resorting to arbitration. If mediation is unsuccessful, then the parties agree to binding arbitration before the American Arbitration Association pursuant to the Commercial Rules of Arbitration. The arbitration shall be held in Clark County, NV before a panel of three arbitrators, each side choosing one and then the two choosing the third. All claims hereunder must be brought within ninety (90) days of the date on which the facts or circumstances giving rise to the claim are alleged to have happened. The laws of the state of Nevada will apply to the resolution of the dispute unless otherwise agreed to in writing. The award of the arbitrator shall be final and may be entered in any court of competent jurisdiction. This provision shall not restrict the Company from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction. Any fees associated with mediation or arbitration shall be paid, in advance, directly to the AAA, by the VIP Member bringing the action.

C. Contractual Obligations
All VIP Members are responsible for any expenses which result from their business operation. Miscellaneous expenses include, but are not limited to, license or permits required to operate a business, legal fees connected with the use of a business name, telephone expenses, product advertising, etc. VIP Members shall not involve the Company in any contractual relationships relative to their businesses. VIP Members cannot and shall not sign contracts, rent or lease office space or equipment, open bank accounts, secure credit, cash negotiable instruments, make purchases or enter into agreements of any kind in the name of the Company. Such action is prohibited and cause for termination of VIP Member status. Each VIP Member shall hold the Company, its shareholders, partners, members, directors, officers, and employees harmless from any claims, damages or liabilities arising out of such action.

D. Reporting Taxes
VIP Members are not considered employees for purposes of the Social Security Act, the Federal Unemployment Tax Act, Federal Income Tax laws or any other laws governing employees. It is the VIP Member’s responsibility to make self-employment and income tax payments as required by law. As such, the Company does not deduct any taxes from any commission payments. The Company will send a Form 1099 to all applicable VIP Members who earn $600 or more in a tax year. It is the VIP Member’s responsibility to provide the Company with the proper Social Security Number or Taxpayer Identification Number. If the information that is provided is incorrect or if the Internal Revenue Service notifies the Company that the information does not match their records, then the Company will hold all future payments until the matter is resolved.

3. Business and Legal Entities as an VIP Member

A. Companies
VIP Membership is personal and may not be held in a partnership (except for husband & wife partners, as described in paragraph B), Limited Liability Company (LLC), corporation or trust. No individual may participate in more than one VIP Member position. Company marketing partners are exempt from this paragraph.

B. Marriage
A husband and wife may operate under the same VIP Member position or independently. If the husband and wife choose to operate independently, then one spouse must be sponsored by the other. The Company reserves the right to ensure that husband and wife VIP Members independently operated are correctly sponsored and make any necessary corrections. Spouses that choose to operate in the same position will be treated as partners.

4. Identification Numbers
All VIP Members will be assigned a unique number that identifies them as a VIP Member of the Company. This number is referred to as their VIP Member ID Number. 

5. Sponsoring New VIP Members

A. VIP Member Application and Agreement
New VIP Members must complete the VIP Member sign up process on the Company’s website at www.rockinart.com or an authorized VIP Member’s replicated website. Only the new VIP Member can complete the online VIP Member Application. It cannot be completed by the sponsor or upline on behalf of the new VIP Member.

B. Representation
VIP Members shall make no claim or inference to prospective VIP Members as to the anticipated or actual income an VIP Member might earn. The Company makes no guarantees of income, nor assurances of any profits or success. Furthermore, any profits or success resulting from activities as a VIP Member will be based upon customer acquisition and the amount of services or products purchased by those customers. Any success achieved will be based solely upon the VIP Member’s effort, commitment and skills. Each VIP Member understands that no Attorney General of any state, territory or other regulatory authorities ever reviews, endorses or otherwise approves any product membership or compensation program of any marketing company. As such, each VIP Member shall make no such claim to a prospective VIP Member. If a question arises concerning the Company’s compliance with the law, such question shall be submitted to the Company in writing, via email to: [email protected]. VIP Members shall make no false claims or misleading statements concerning these relationships and understand that if they do, their relationship with the Company may be terminated and all commissions and bonuses forfeited. VIP Members agree to indemnify and hold the Company and its shareholders, partners, members, directors, officers, and employees harmless from all claims, damages and expenses, including attorneys’ fees arising out of actions or conduct in violation of the Agreement.

C. VIP Member Disputes
The Company may or may not mediate any disputes between two or more VIP Members if requested to do so by all of the parties involved in the dispute. The Company, however, reserves the right to review sponsoring practices. If the Company agrees to mediate any dispute, its findings shall be binding on all parties involved in the dispute.

D. Changing Sponsorship
The Company believes in and maintains the maximum protection of the VIP Member’s relationship with his or her sponsor. Therefore, changing sponsors is strictly prohibited. It is the responsibility of the VIP Member to ensure the referring VIP Member’s ID number submitted on the VIP Member Application is accurate and complete. A VIP Member may join the Company under a new sponsor only after a period of no less than one full calendar year from the date of resignation or no less than one full calendar year after a VIP Member fails to renew or cancels their membership. All resignations must be in writing and delivered, via email, to the Company. The Company reserves the right to change sponsorship if it is found that unethical or misleading practices were used.

6. Maintaining/Changing the Status of Your Business

A. Selling Your VIP Member Position
To protect the integrity of the VIP Member Network, The Company restricts the sale of VIP Member positions. All requests for the sale of a VIP Member position must be reviewed and approved by the Company. For permission to sell your VIP Member position, forward a letter of intention, via email, to [email protected], indicating your desire to sell. The Company will send all needed documentation to the seller for completion before the process can begin. For more information, please contact the Company. The Company reserves the right to withhold or condition its consent to the sale of a VIP Member position in its reasonable discretion. The VIP Member position WILL NOT be considered SOLD until the sale is approved by the Company. Therefore, DO NOT accept any funds from the potential buyer until the sale has been approved and finalized. The Company charges a $1,000 fee to process any approved sale. Do not send the $1,000 fee until the Company has approved the sale. 

B. Transfer/Disposition of VIP Member Business
Upon the death or incapacity of an VIP Member, or of its principals, the rights to the commission and marketing position shall pass to the designated successor, provided said successor complies with all the terms of the VIP Member Agreement, the Company’s Policies and Procedures and fulfills the duties and obligations required of an VIP Member. In the case of a transfer to an existing VIP Member, the individual will need to contact the Company to discuss his/her options in either maintaining the status or transferring it. If the transfer is of a temporary nature (i.e. the VIP Member is temporarily incapacitated), the subsequent activation and deactivation will likewise be temporary.

C. Change of VIP Member Information
VIP Members must report any change of address, telephone number or email address online in the VIP Member’s Back Office or by sending an email to [email protected], no other methods of notification is acceptable.

7. Commissions

A. Reports
Genealogy, commission, and other reports are available in the back-office of each VIP Member’s website. Each VIP Member acknowledges and agrees such information is proprietary and confidential to the Company and is transmitted to the VIP Member in strict confidence. The information provided may not be distributed to any other individual or company. But for this agreement of confidentiality, the Company would not provide the above information.

B. Eligibility for Compensation
All VIP Members are eligible for compensation who are current with their membership fee and have met the quarterly sales requirements. The rate of compensation is outlined in the Compensation Plan.

C. When Commissions are Earned and the VIP Member Payment Date
Commissions are paid on the 15th day of January, April, July, and October for revenue collected in the previous calendar quarter. (VIP Member Payment Date). Referral Commissions are based on the receipt by the Company of payments made on the sale of products and services purchased and paid for by you, customers referred by you, your VIP Alliance members and those referred by your VIP Alliance members, according to the Compensation Plan for the country in which the services are provided.
A Payment Processing Fee of $5.00 will be deducted from each commission payment to cover processing costs relating to the transfer of funds via ACH. A statement of commission earned is available free in the back-office for all VIP Members. Payment will not be issued until the total amount (less the Payment Processing Fee) is greater than $100. All commissions are rolled over to the next payment period until the minimum is met.

8. Compliance
These Policies and Procedures were created as a guideline for the Company and all VIP Members and serve to protect the rights of both parties. These Policies and Procedures are intended to ensure proper functioning of daily business operations. The Company reserves the right to amend the Policies and Procedures from time to time as the Company deems necessary. Any VIP Member who violates any provision of the VIP Member Agreement, which includes all Policies and Procedures itemized herein, may be terminated by the Company. Termination cancels any and all rights and will be effective upon verification of said violation(s) and notification to the offending VIP Member by the Company. In the event a dispute arises between the Company and a VIP Member as to their respective rights, duties and obligations under this agreement, or in the event of a claim of breach of this agreement by either party, such dispute shall be exclusively resolved according to the dispute resolution procedure outlined herein. Under no circumstance would a VIP Member who is terminated for unethical activity be entitled to the refund of their membership fee or be allowed to transfer their customers or their VIP Member position to another party.

9. Confidentiality and Noninterference, Nondisclosure of Proprietary Information
During the term of the relationship with the Company, the VIP Member may receive information or data constituting a trade secret or confidential information of the Company and/or its Service Providers, in which event, the VIP Member shall treat such trade secret or confidential information as strictly confidential and wholly owned by the Company, as applicable. No VIP Member may, for any reason, nor in any manner, directly or indirectly use, sell, lend, lease, distribute, license, give, transfer, disclose, disseminate, reproduce, or otherwise communicate any such item of information or data to any person or entity for any purpose other than as authorized by the Company in writing. The definition of "confidential information" shall mean proprietary and confidential data or information of the Company or its Service Providers, which is not publicly known or available to the competitors of the Company or its Service Providers. "Confidential information" also includes, without limitation, information regarding the Company or its Service Providers, VIP Members, customers or prospective customers, marketing methods, business and technical plans, product information and pricing. The definition of "confidential information" includes "trade secrets" which shall mean that portion of confidential information which constitutes trade secrets as defined by applicable law and including, without limitation, confidential computer programs, software, designs, processes, procedures, formulas and improvements, whether copyrightable or not.
VIP Members must use their best efforts to preserve all confidential Information until it becomes generally available to the public or the Company agrees in writing that such information may be disclosed or is otherwise no longer deemed to be confidential. During the term of the VIP Member Agreement, VIP Members may not, directly, or indirectly, sell or solicit products or services offered by the Company through any person or entity other than that specifically designated or approved in writing by the Company. VIP Members shall not, during their relationship with the Company and for a period of one year thereafter, directly or indirectly, divert, entice, knowingly call upon, sell or solicit, take away or move any customer of the Company or its Service Providers, whether or not the VIP Member originally procured or brought such customer to the Company’s Service Providers (such activities are collectively referred to herein as "solicitation"). All customers solicited by VIP Members on behalf of the Company, or its Service Providers are deemed to be customers of the Company or its Service Providers and not of its VIP Members. VIP Members understand that such prohibition of non-solicitation shall be strictly enforced and that the Company or its Service Providers shall be a third-party beneficiary of this prohibition as well as any proprietary and confidential information provided to the Company, which in turn is received by the VIP Member. Further, during the term of the VIP Member Agreement and for a period of one year thereafter, VIP Member may not enter into a direct marketing relationship with any Service Providers of the Company. Violation of this covenant and condition will result in forfeiture of all VIP Member rights, including all current and future commissions, bonuses and payments of any kind. On a periodic basis, the Company will supply data processing information and reports to the VIP Member, which will provide information to the VIP Member concerning the VIP Member’s organization, customer sales, etc. VIP Members agree that such information is proprietary and confidential to the Company and is transmitted to the VIP Member in confidence. The VIP Member agrees that he or she will not disclose such information, directly or indirectly, to any third party nor use the information to compete with the Company in any manner. The VIP Member and the Company agree that, but for this agreement of confidentiality and nondisclosure, the Company would not provide the above confidential information to the VIP Member.

10. Privacy Policy

A. Personal Information
The Company is committed to protecting the privacy of our VIP Members’ and customers’ personal information. “Personal Information” means any information about an identifiable individual, other than business contact information. We protect personal information by maintaining strict physical, electronic, and procedural safeguards that meet or exceed applicable Federal laws and regulations. Unauthorized access to or disclosure of personal information, including account information, or personal identification number, is a violation of the Company’s Privacy Policy, and is strictly prohibited. (a) The VIP Member acknowledges that, during the performance of this Agreement, the Company will be provided with and have access to Personal Information and that such Personal Information is confidential. The Company agrees that such Personal Information will be collected, used and disclosed only for the purposes for which it was collected and only in relation to the provision of the Company’s services or products or this Agreement, that the Company will safeguard such Personal Information by appropriate organizational, physical and technological means ("Safeguard Obligations") and not, other than as required in relation to the provision of the Company’s services or products, disclose, transfer, sell, assign, publish or otherwise make available any Personal Information for the use of any other person or entity except where disclosure may be required to comply with a subpoena, warrant, or court order, or if requested by a government institution which has the lawful authority to obtain the Personal Information, or if otherwise required by law; (b) the VIP Member authorizes the Company to access and/or inspect, any or all Personal Information disclosed by the VIP Member during the course of the Agreement; (c) The Company shall, at the written request of a terminating VIP Member, promptly destroy or remove from its database, any Personal Information and all copies thereof under the power or control of the Company; (d) The VIP Member agrees to co-operate with the Company in any regulatory investigation or in any internal investigation regarding any alleged privacy breach or complaint. (e) In order to ensure the special integrity of VIP Members’ personal information, and to protect VIP Members positions from unauthorized access, the Company asks that all VIP Members adhere to the following procedures:
• Only new VIP Members shall complete the VIP Member sign-up process on the Rockin’ Art website at www.rockinart.com.
• Only new VIP Members shall accept the online VIP Member Agreement.
• A VIP Member’s upline or sponsor should not complete any agreement on behalf of the VIP Member, or obtain account information, including position numbers and passwords.
• VIP Member account information and passwords should not be accessed by, or provided to anyone but the VIP Member whose name appears on the VIP Member Agreement.

B. Indemnification
The VIP Member agrees to defend, indemnify, and hold the Company harmless from any claims and actions against the Company relating to the VIP Member’s violation of any state or federal privacy acts relating to the collection, use or disclosure of Personal Information. The VIP Member also agrees to defend, indemnify, and hold the Company harmless from any claims and actions against the Company relating to any marketing or promotions developed for the Company by the VIP Member, when the VIP Member was indemnified by a third party which did not also indemnify the Company.

11. Termination
In the event of a material breach by either party of any applicable privacy laws or provisions in these Policies and Procedures relating to such laws, the non-breaching party may terminate the VIP Member Agreement, by written notice to the breaching party, 30 days after first delivering notice of such breach and the failure to cure such breach within the 30 days.

12. Amendments
To sustain a viable marketing company, the Company specifically reserves the right to make any amendments or adjustments it deems necessary with respect to products and services offered, its Policies and Procedures, marketing plan, Compensation Plan and/or product pricing. Upon notification through the Company’s website, any such changes are incorporated as part of the VIP Member Agreement between the Company and its VIP Members.

13. Summary
We are offering a program that will prove to be financially beneficial for those with the motivation to achieve. It offers the freedom to design personal goals, an opportunity to develop long-term stability, and a relationship of respect with our company. The relationship between the Company and its VIP Members is that of a team, based on mutual trust, respect and integrity. By assisting our VIP Members in achieving their goals and dreams, the Company strives to demonstrate the true meaning of a team. This is our commitment to you.

14. General Marketing and Advertising Policy
The Company has developed a success system based on solid experience and knowledge. As such, we have created marketing materials, business tools and activities to fully support this model. No other marketing materials or activities are necessary to become successful as a VIP Member. Therefore, the Company strongly discourages our VIP Members from creating and/or distributing any marketing materials. Marketing materials for the purpose of this policy is not limited to printed material, but also includes website and online content, appearances, and media representation. VIP Members must obtain prior written approval from the Company for any materials created for their Company business. VIP Members must complete the Request Form available in the Back Office for VIP Members. Any written approval given by the Company will only be for the material submitted and reviewed. Any additional material will need to be re-submitted for approval. All changes to the personal marketing material requested by the Company must be made. If not, the VIP Member will be found to be non-compliant with the Company’s Policies and Procedures, and further action will be taken up to and including deactivation. All approval for VIP Member marketing and advertising remains at the sole discretion of the Company.

A. Use of the Company’s Identity
In addition to our VIP Members and employees, the Company’s identity is one of its most valuable assets and, therefore, must be protected at all times in order to maintain its integrity for all. As such, VIP Members are strictly prohibited from representing themselves as having any other affiliation with the Company other than as a "VIP Member" at any time or in any manner. Also, VIP Members are strictly prohibited from using the Company’s logos, names, trademarks, or other proprietary information belonging to the Company or its wholly owned subsidiaries, unless approved in writing by the Company. This includes, but is not limited to, website URLs, online content, marketing materials, photography, signage, etc. Only the Company, its wholly owned subsidiaries, affiliates or sister companies are authorized to use such logos, names, trademarks and other proprietary information. The production of any material containing logos, names, trademarks and other proprietary information of the Company is strictly prohibited without prior written authorization.

B. Cold Marketing in Customer Acquisition and Recruiting
The Company is a network marketing company that is focused on relationships, or "warm marketing" techniques. The Company allows VIP Members to engage in a limited number of "cold marketing" techniques for purposes of customer acquisition. Cold marketing is defined as any promotional activity that is geared toward random individuals who have no personal, business, social or acquaintance relationship(s) with the VIP Member. Examples of cold marketing include, but are not limited to, mass advertising, purchased leads, trade show participation, door-to-door selling, telemarketing, pamphlet distribution, etc. The Company strictly prohibits door-to-door selling, telemarketing, and the purchase or sale of customers at any time. Furthermore, the Company allows cold marketing techniques for purposes of recruiting other VIP Members but cautions VIP Members that these methods can be costly, ineffective, and highly distracting to a VIP Member’s network marketing efforts. The use of telemarketing and "speed dial" (random or auto dialing) for recruiting purposes is strictly prohibited.

If a VIP Member uses cold marketing techniques, then that VIP Member is responsible for adhering to any applicable laws, limitations or regulations that govern such techniques, including the accuracy of all information presented. In addition, any materials, scripts, advertisements, literature, videos, audios, etc., used in conjunction with a cold marketing effort must strictly adhere to the Company’s "Development and Use of Independent Marketing Materials" policy. The Company strictly prohibits the use of creating materials to be distributed to their cold market for the purpose of customer or VIP Member acquisition, without prior approval from the Company.

C. Unauthorized Contact
Under no circumstances is a VIP Member permitted to directly contact any Service Provider or Supplier with whom the Company contracts, unless it is in specific relation to a personal account, they may currently have with said provider. VIP Members are not permitted to contact the Company’s Service Providers directly for information, questions, or advertising material. Everything a VIP Member needs can be found in their Back Office. VIP Members cannot approach Company Service Providers regarding the Company’s Business Opportunity to recruit them as VIP Members. VIP Members cannot use any Service Provider’s name or logo on personal websites, including references to a Service Provider’s phone number.

D. Development and Use of Independent Marketing Materials
Marketing materials are defined as any printed, broadcast, or online communications including, but not limited to, advertisements, brochures, videotapes, audiotapes, flyers, banners, flags, websites, telephone recordings, emails, presentation materials, apparel, building signage, etc. The Company strictly prohibits VIP Member-created marketing materials that 1) do not adhere to the Company’s policy on use of logos, names, trademarks, and proprietary information, 2) make any specific references to the Company’s Compensation Plan, 3) make any claims or guarantees related to savings, rates or pricing, either expressed or implied, 4) make any earnings claims or provide any hypothetical earnings calculations, either expressed or implied, or 5) represent the Company as an employment opportunity, either expressed or implied unless approved in writing by the Company.

E. Personal Websites, Blogs, Web Pages and Social Networking Sites
The Company understands the increased use of online material, and that many VIP Members may wish to utilize these methods in running their business. There are extremely strict rules and regulations that these online websites and web pages must adhere to. Please refer to section 22 of this document for complete details.

F. Business Cards
VIP Members are able to order business cards through the Back Office section of the VIP Member’s website. Only business cards ordered through the Company are authorized to include the logo, and other proprietary information belonging to the Company as they are produced by an approved third-party vendor. If a VIP Member wishes to create their own business cards they are not permitted to use any logos, names, trademarks and other proprietary information pertaining to the Company. They may however, refer to themselves as a “VIP Member”.

15. Earnings/Income Claims
The Company, including its wholly owned subsidiaries, affiliates and sister companies strictly prohibits VIP Members from making any claims or guarantees related to earnings/income, whether expressed or implied. This limitation extends to both written and verbal communications. 

16. Use of Partner Information
The Company’s success relies heavily on its relationship with its partners, and Service Providers to provide our customers with great service, materials, workmanship, and value. As such, the Company only has permission to use provider proprietary information such as logos, names and trademarks on Company created print and web material. VIP Members are not permitted to use provider names and/or logos on any marketing or advertising material that they create.

17. Cash or Monetary Incentives
The Company, including its wholly owned subsidiaries, affiliates and sister companies strictly prohibit VIP Members from offering cash or monetary incentives, promotions, prizes or bonuses to members of their downline or upline organizational members, or customers as a method of influencing customer acquisition. To eliminate crossline recruiting practices, the Company strictly prohibits the use of cash or monetary incentives/promotions/prizes/bonuses for purposes of recruiting new VIP Members. The Company encourages its VIP Members to promote customer acquisition and recruiting by adhering to the Company’s specific sales and marketing model.

18. Recorded Messages
VIP Members may not have a voicemail message or answer his or her telephone in a manner that would lead the caller to believe that they have reached any official or corporate office of the Company. When using the Company name, VIP Members must say “VIP Member”.

19. Promotion of other Businesses or Programs
The Company strictly prohibits the co-marketing of any other business, product, service, seminar or program in conjunction with the VIP Member opportunity. This limitation applies to all promotional activities including, but not limited to, marketing materials, events, presentations, verbal solicitations, etc. In addition, the Company strongly discourages the practice of using non-Company speakers at any Company-related event.

20. Media Enquiries and Personal Appearances
On occasion, VIP Members may be contacted by members of the media as a source or subject for a story. If this occurs VIP Members must immediately refer such inquiries directly to the Company’s Marketing Department. VIP Members are strictly prohibited from representing the Company in any public media arena, and from using uncompensated media forms including, but not limited to, news releases, articles, editorials, unpaid advertising, infomercials/advertorials, and television, cable or radio program appearances to promote or publicize the Company or its products, except as approved in writing by the Company.

Such requests must be submitted in writing to the Company’s Marketing Department at least 30 days in advance of the media activity. This policy is necessary to ensure an accurate, legal, and consistent public image for the Company and its VIP Members. VIP Members can go online to www.rockinart.com/news for the latest media information released by the Company, or for more information. All media representations and/or appearances always remain at the sole discretion of the Company.

21. Events
The Company supports VIP Member participation in local tradeshows and other events in order to expose the VIP Member concept to potential customers and new VIP Members. The true intent of such events is to provide further education on the Business Opportunity and how to be successful within this business. Under no circumstances are local events or any other type of meeting/training session intended to provide any additional income stream to those who are sponsoring the events and must be always offered as nonprofit activities. Under no circumstances are guests to be charged any form of admission to an event being hosted by a VIP Member. All events should be submitted to the Company for approval in conjunction with the current terms of hosting events or exhibiting in tradeshows. Events that do not receive prior approval will be considered operating outside of the Company’s Policies and Procedures and will not be promoted or endorsed by the Company in any manner. Attendance at Company events is not a requirement for being an VIP Member, nor a prerequisite for success in this business.

22. Internet Marketing and Advertising
The Company maintains an official company website and provides each VIP Members a Personal VIP Member Website to help promote their business, for no additional cost. The Company strongly believes that it provides its VIP Members with all the online tools in order for them to run a successful business, and therefore discourages the creation of any online marketing or advertising outside of what the Company already provides.

A. Personal VIP Member Websites
The Company provides its VIP Members with a Personal VIP Member Website as part of the VIP Member program, at no additional cost, which is created, managed and updated by the Company and/or its IT vendor. The Company believes that this is the most effective, easiest way to establish an online business presence for its VIP Members. These websites contain Company videos, presentations and other authorized content. With this website, VIP Members can promote Company products and services, as well as promote and sponsor new VIP Members to the VIP Member Opportunity. Each VIP Member web site is linked directly to the VIP Member’s ID number. VIP Members are encouraged to use this website in conjunction with their business activities.

B. Other Personal Websites, Blogs, web pages and Social Networking Sites
If a VIP Member chooses to create any personal websites, web pages, blogs and/or social networking sites (Youtube, Facebook , Twitter etc.) the following conditions are mandatory.
Content must not include any of the Company’s proprietary information, such as logos, name, trademarks, etc.
Under no circumstances is Company video material or online presentations to be made available on any websites other than those created or authorized by the Company. VIP Members however may link to the Company’s website or their VIP Member Website to view these videos and presentations.
The words “VIP Member” must be on the home page, along with the VIP Member’s name.
No online material should give the impression of representing the Company, rather than as a VIP Member. This includes using the Company as the title for any page within the Website, especially the Home Page.
VIP Member online material must not contain any product information and may only include information and wording regarding the business opportunity.
Except for the link to the Company’s websites or to your Personal VIP Member Website, VIP Member Websites may not have external links.
Promoting the Company’s products and services online outside of www.rockinart.com is strictly prohibited.
Copy downloaded from Company websites or taken from printed Company literature must be used exactly as printed or written. Changing a word or two may change the real meaning or definition.
Once your site is completed, send a test link along with your Request Form for review and approval.
There are no guarantees regarding income, and the success or failure of each VIP Member depends upon each VIP Member’s own skills and personal effort. Web sites should not present false or misleading information about the Company or the VIP Member Opportunity.
VIP Members may not violate or infringe on the rights of others, including privacy, publicity, and proprietary rights.
It is the sole responsibility of each VIP Member to ensure that its online material fully complies with the guidelines in the Policies and Procedures, as well as with all applicable federal and state rules and regulations. VIP Members are also responsible for ensuring that their downline complies with these policies.
All content (including graphics) must be submitted to the Company and receive written approval prior to launching the content on the Internet.

C. Website Domain Names and URLs
Website URLs obtained by a VIP Member cannot contain references to the Company, its Service Providers or trademarked products, other than a VIP Member’s Personal VIP Member Website. If a website contains such references, the VIP Member will be required to release the URL to the Company. The Company’s name is a registered trademark, and only the Company is authorized to produce and market online material under this trademark.

D. Spamming
The Company does not permit VIP Members to send unsolicited e-mails. Any e-mail sent by an VIP Member that promotes the Company, the Business Opportunity, or the Company’s products and services must comply with the following:

There must be a functioning return e-mail address to the sender that includes a request that future e-mail solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
The use of deceptive subject lines and/or false header information is prohibited.
All opt-out requests, whether received by e-mail or regular mail, must be honored.
All emails sent that promote the Company, its Business Opportunity or products, must adhere to all the other marketing and advertising guidelines in this policy.