Welcome to Xcelfuel,
Congratulations on taking the first step
in an exciting new journey that could very well change your life. Your success as a Xcelfuel Independent Sales Representative
(herein referred to as a Marketing Partner or an Independent Marketing Partner)
will be directly related to the quality of your relationship with your
customers, sponsored Independent Marketing Partners and Xcelfuel (hereinafter
called the Company). A clear statement
of our Policies & Procedures (P&P) promotes a healthy environment that
ensures equality of opportunity and fairness to everyone who decides to become
part of the Xcelfuel experience.
As an Independent Sales Representative,
you agree to follow the culture and spirit as well as the letter of the
P&P. Adhering to the Xcelfuel
P&P will assist you in providing quality service, which will lead to
greater success and rewards.
Achieving success as an Independent Sales
Representative requires time, effort and commitment. There are no guarantees of
Commissions, only rewards based upon productivity.
The Company’s P&P constitutes part of
the Independent Sales Representative Application and Agreement and when
accepted by the company, together with the Xcelfuel Compensation Plan and any
other document incorporated by reference, form the Agreement between the Independent
Sales Representative and the Company.
The purpose of the Agreement is to authorize an individual to be an
Independent Sales Representative of the Company and set forth the respective
duties, responsibilities and obligations of all parties.
Each Marketing Partner has the
responsibility to read, understand, adhere to the Marketing Partner Agreement
and ensure that he or she is aware of and operating under the most current
version of the Agreement.
You confirm this Marketing Partner Agreement
each time you receive a Xcelfuel bonus/commissions payment or place a wholesale
order. It is with great anticipation of
your success that we present you with the Xcelfuel P&P and urge you to follow
it closely and completely.
is a registered trademark of Triformx LLC DBA Xcel Fuel / Xcelerate Fuel Tabs all
II. CODE OF ETHICS
Xcelfuel has made a commitment to provide
the finest quality products and impeccable services built on a foundation of
integrity and trust. Whether dealing
with your customers, fellow Independent Sales Representatives or the Company,
you should always give and expect to receive integrity and trust. All activities will be measured against the
P&P. We ask for common sense and
camaraderie and adhere to the highest standards in your role as an Independent
Sales Representative. Destruction of
this foundation and culture will not be tolerated.
Application to become an Independent
Sales Representative of the Company requires the applicant to agree to conduct
business according to the following Code of Ethics. This code ensures the highest of standards of
integrity and professionalism throughout the Company’s network of Independent
Sales Representatives and protects the Company’s overall business image.
III. COMPANY OBLIGATIONS
Partners have a right to expect the Company to operate in accordance with the
law and practices that govern business in general as well as the network
marketing industry in particular. The
Company is the primary steward in the relationship between the Marketing Partners
and the Company and has an obligation to be fair and equitable to all.
THE COMPANY WILL:
itself in an ethical and professional manner;
orders and ship products in a timely fashion;
Marketing Partners with the organization and volume information required to
manage business activities;
Marketing Partners in accordance with the approved compensation plan;
its policy fairly, without prejudice or favor, to protect the interest of all Marketing
liability insurance on its products when used in accordance with the
instructions on the label and marketed in accordance with the approved
THE COMPANY WILL
directly or indirectly with Marketing Partners in the acquisition of Customers
or other Marketing Partners;
any commissions for the recruitment of others;
Marketing Partners pressuring prospects into purchasing large quantities of inventory;
misleading product claims to be made in any form;
Marketing Partners on meeting compensation qualifications;
or suspend Marketing Partners without due process;
that there is any substitution for hard work.
Sales Representatives (Marketing Partners) will better understand Company
policy by learning the basic terms commonly used in Company literature, the
P&P and /or public presentations.
The following defined terms apply through the Marketing Partner Agreement:
Active: 0 to infinity PV (personal volume) is considered
active; 60PV is preferred.
A predetermined order processed systematically, on a periodic basis, using a
pre-approved payment method on file with the Company. Autoship is not required in order to
participate in the Xcelfuel Compensation Plan.
arm’s length written
offer to purchase the Marketing Partner Business by a Person that is not a Marketing Partner, which the Company, in
its sole discretion, determines to be a legitimate offer.
Report/Sales Recap Statement: The accounting report provided by the
Company which tracks Downline sales activities.
This information is available in the Marketing Partner’s back office.
Period: The time frame used to calculate monthly commissions.
Volume (CV): The assigned point value of each sold product upon
which commissions are paid. Sales aids
have no CV.
For commission calculation purposes only.
If a Marketing Partner fails to qualify for commissions by failing to
meet the Personal Volume (PV) published in the Xcelfuel Compensation Plan, any
Point Value (PV) generated by the Marketing Partner will be compressed up (or
added to the PV of his/her Placement Sponsor) for that monthly commission
period only. Compression takes place on
a monthly basis.
All Marketing Partners that desire to participate in the Xcelfuel Compensation
Plan must register by completing the “Independent Sales Representative
Application Form” as an individual.
After the original Application is accepted by the Company, if the Marketing
Partner wishes to operate their Marketing Partner Status using a business
entity name, whether sole proprietor, partnership, corporation or other form,
they must complete a “Marketing Partner Doing Business As” (DBA) Form and
submit it with the requested documentation to Xcelfuel for approval. Xcelfuel reserves the right to levy a
US$100.00 fee, including penalties and administrative fees to any Marketing
Partner who attempts to register a fictitious entity name that does not belong
to a bona fide and legal entity meeting United States regulations.
When a Marketing Partner meets the weekly or monthly sales volume and
organizational activity required to generate commissions.
Personally sponsored Marketing Partner.
Spouses/Significant others and dependents residing at the same address.
A unique number assigned to Marketing Partners and used for tracking sales and
purchases and enrolling other Marketing Partners into the organization. In the case of retail customers, the number
is used to track their personal consumption purchases. Marketing Partners and Retail Customers must
refer to this number in all their correspondence and dealing with the Company.
Partner: A Person currently
authorized by the Company to operate a Marketing Partner Business. If more than one Person is named on the Marketing Partner
Agreement, then “Marketing Partner” may refer to all Persons collectively.
Partner Agreement: The agreement
submitted by an Applicant to become a Marketing Partner. In signing the Marketing
Partner Agreement, an Applicant certifies that he or she has read and will
abide by the terms and conditions of the Agreement.
Partner Business: Activities determined at the sole discretion of the Company
to be a promotion of the
Company’s Products or business opportunity. Some of these activities include,
but are not restricted to: signing a Marketing Partner Agreement; advertising,
selling or exhibiting Product; hosting, conducting, or speaking at meetings or
events (whether hosted by the Company or by a Marketing Partner); purchasing
Product at Wholesale prices, exchanging,
or returning Products; participating in the Compensation Plan, receiving
periodic Company literature and
other communications, participation in Company sponsored support service
training, motivational and recognition events; sponsoring new Marketing Partner;
and/or selling of sales tools, Websites, etc. to Marketing Partners.
An applicant without a sponsor.
Customer: Consumers who purchase for personal use on an occasional
or regular basis directly from a Marketing Partner but do not participate in
the Compensation Plan. Personal Customer
orders are shipped or delivered directly by the Marketing Partner, who also
handles all returns. Personal Customers
are not authorized to resell the product.
Customer: Consumers who purchase product for personal use on an
occasional or regular basis but do not participate in the Compensation
Plan. Retail Customers orders are
processed at the Suggested Retail Price and fulfilled by Xcelfuel. All Retail Customer Orders, including
Autoship orders, contribute to the PV of the Marketing Partner through whom the
orders are placed. Retail Customers are
not authorized to resell the products.
The line of Sponsors that links a Marketing Partner to the Company and who,
subject to qualifying sales, may earn commissions on that Marketing Partner’s
sales activities. Upline is based on
Sponsorship or Placement.
Section 1: Becoming an Independent Marketing Partner
Independent Marketing Partner status does
not constitute the sale of a franchise or distributorship. An Applicant
is authorized by the Company to operate a
Marketing Partner Business when he
or she (i) purchases the Annual Marketing Partner Business/Replicated
Website/Web Hosting Fee; (ii) returns
to the Company a completed and signed original or electronic (faxed or scanned)
Marketing Partner Agreement or signs through the company’s online application
process; and (iii) the Company accepts the Agreement. (The Marketing Partner
Agreement and other necessary forms are available on the Company’s website.) An Independent Marketing Partner may only
have interest in one Marketing Partner account, whether it is operated under
the name of an individual or an entity.
Marketing Partners are independent
contractors. A Marketing Partner shall not make purchases or enter into any
transactions or contracts in the Company’s name.
A Marketing Partner’s decision to enter
into this Agreement does not create, nor may the Marketing Partner claim that
they are, in any way, shape or form, parties to an employer/employee, agency,
partnership, franchise or joint venture relationship between the Company and the
Marketing Partners must abide by all laws,
rules and regulations pertaining to the acquisition, receipt, holding, selling,
distribution and advertising of Company products and income opportunity.
A Marketing Partner is fully responsible
for all of his or her verbal and/or written statements made regarding the Products,
Services, and the Compensation Plan which are not expressly contained in
current official Company materials and the Marketing Partner agrees to indemnify
the Company against any claims, damages, or other expenses, including
attorneys’ fees, arising from any representations or actions made by the Marketing
Partner that are outside the scope of the Contract. The provisions of this
Section survive the termination of the Contract.
Marketing Partners are solely responsible
for declaration and payment of any taxes or fees associated with their Independent
Marketing Partner business.
Marketing Partners are solely responsible
for supplying any equipment and tools necessary for operating the Xcelfuel
business, such as telephones, transportation, professional series, office
equipment, office supplies and general liability insurance.
Marketing Partners are solely responsible
for providing their own place of business and determining their own work hours.
All Applicants must have reached the age
of majority, usually eighteen (18) years of age, in the jurisdiction in which
Applicants agree to abide by the Official
P&P and warrant that they understand the requirements specified in the Xcelfuel
An Applicant that completes an application
to become an Independent Marketing Partner with the Company agrees to receive
any electronic communications from the Company including, but not limited to,
electronic emails and text messages.
By reference, the terms on the Marketing
Partner Application and Agreement are incorporated herein and form part of this
In order to be accepted by the Company, an
Applicant must complete the Independent Sales Representative Application Form
for the country in which the Applicant resides.
Failure of the Marketing Partner to submit
a complete and correct Agreement or to provide appropriate documentation, when requested, may result in the Marketing Partner Agreement being rejected
by the Company. The Company
will reject incomplete or faulty applications, and is under no obligation to
notify neither the application nor Sponsor of a rejection.
If an Application is submitted by fax or
through the Internet via an Xcelfuel replicating website an original
Application does not have to be submitted unless requested by the company.
A Marketing Partner may be required to
provide the Company with proof of residency.
Submitting an Independent Sales
Representative Application and Agreement on behalf of an individual without
that individual’s permission and bona fide signature is illegal and strictly
prohibited as is submitting or encouraging someone to submit false or invalid
information on an Application & Agreement.
A person who submits false information on their Application &
Agreement, or encourages someone to do so, will have his or her account
terminated and will lose all rights to his or her Marketing Partner
status. Criminal or civil legal
consequences may result.
Upon signing a Marketing Partner
Agreement, the Marketing Partner agrees to maintain confidentiality regarding
any trade secrets, proprietary information and all information relating to the
business, Marketing Partners, products, customers or suppliers of Xcelfuel or
its Marketing Partners - including mailing lists and other lists of Marketing
Partners (and) all information relating to the identity of and relationship
between Xcelfuel Marketing Partners. Marketing Partners must use their
best efforts to keep such information confidential and must not disclose any
such information to any third party, directly or indirectly.
Marketing Partners agree to keep Xcelfuel'
Confidential Information 'secret and confidential' and not use or attempt to
use it directly or indirectly for their own advantage in a manner which may
cause actual or potential loss to the company or to other Marketing Partners. Marketing
Partners are also obliged to take reasonable precautions to maintain the
integrity of the Confidential Information.
unique Marketing Partner Identification Number (ID) will be automatically
issued upon enrollment to be used for enrolling other Marketing Partners and
Customers will have a separate and distinguishable identification number to use
when ordering products.
3. The Marketing
Partner and Customer ID numbers must be referenced in all correspondence with
Doing Business as an
unique Marketing Partner Identification Number (ID) will be automatically
issued upon enrollment to be Marketing Partners may only operate their Marketing
Partner Business using their personal name and may only use a registered
business name or a corporate entity upon submission by the applicant/Marketing
Partner and acceptance by the Company of a DBA Form simultaneous with or
subsequent to the submission of the Independent Sales Representative
Application & Agreement under the individual’s name.
DBA documents must be done within the same country of registration.
Company reserves the right to suspend, without prior notification, any accounts
that do not follow the proper DBA protocol, pending receipt of the proper
reference, the terms on the DBA Form are incorporated herein and form part of this
Marketing Partner Status:
Marketing Partner shall remain Active Status so long as he/she remains in compliance
with the Company P&P and other rules and regulations.
Partners electing not to remain active may only reapply for a new position six
(6) months after the account had been cancelled (Section S. Voluntary Cancellation)
or after a twelve (12) month period of consecutive inactivity.
be Eligible to be paid in the Matrix Compensation Plan, the Marketing Partner
must be in Active status with a minimum of 60PV monthly qualification
Company reserves the right to remove Marketing Partners form the system that
are inactive for a consecutive twelve
(12) month period, and any personally enrolled downline under their Marketing
Partner status will remain under the Marketing Partner’s Sponsor
organization. Matrix compression will
apply in accordance to the Compensation Plan.
Change in Sponsor:
1. Because of the need to maintain the integrity of the Downline/Matrix,
Sponsor changes may not be feasible and generally will not be allowed. All
Sponsor change requests require four (4) levels active Upline approval and the
Company has complete discretion to allow or disallow any proposed change. A
fifty dollar ($50 USD) non-refundable fee is required with each Sponsor Change
Changes: Marketing Partners wishing to change sponsors have the option of
canceling their current Marketing Partner Business and remaining inactive for
six (6) months before reapplying as a new Marketing Partner under the Sponsor
of their choosing. The 6 month
inactivity period begins upon receipt and acceptance by the Company of the
canceling Marketing Partner’s signed letter of cancellation.
acceptance by the Company, the new Sponsor of the transferred Marketing Partner
Company will not consider any changes submitted more than three (3) days from
the enrollment date.
sponsor changes are at the sole discretion and require the final approval of
the Compliance Department, whose decision will take into account the overall
good of the organization. All decisions
the changes are approved, adjustments will not be processed for previously paid
Sale or Transfer of Marketing Partner Status:
Partner Business transfers are subject to a Right of First Refusal (“RFR”) to
the Qualified Direct Upline.
2. If a
Marketing Partner receives a Bona-Fide Offer to purchase his or her Marketing
Partner Business, the Marketing Partner shall first offer to its Qualified
Direct Upline on the same terms and conditions as those contained in the Offer.
The Company shall convey the Offer by providing written notice of the same to
the Marketing Partner’s Qualified Direct Upline. The Qualified Direct Upline
shall have ten (10) business days in which to accept or reject such offer. If
the Qualified Direct Upline accepts the offer, he or she must provide written
notice to the Company upon acceptance.
the Qualified Direct Upline fails to exercise his or her RFR within the time
allotted, the Marketing Partner may transfer the Marketing Partner Business to
a corporate approved third party according to the same terms and conditions
contained in the Offer, provided, however, that the Marketing Partner complies
with all other transferring procedures contained in this Section and as may be
established from time to time by the Company.
RFR shall apply to each new Offer received by the Marketing Partner.
following circumstances are not subject to the RFR requirements in Section 4;
however, each instance requires that an amended Marketing Partner Agreement and
Statement of Beneficial Interest be filed with the Company.
i. When the name of a
Person who has a Beneficial Interest in the Marketing Partner Business is added
to the Marketing Partner Agreement
(e.g., a wife adding her husband).
ii. When the name of a Person who no longer has a Beneficial Interest
in the Marketing Partner Business is removed from the Marketing Partner
Agreement (e.g., a minority Marketing Partner who is removed from a company; or
a shareholder, not holding a controlling interest, sells his or her interest in
iii. When the Marketing Partner is an individual and is transferring
his or her ownership rights to a legal entity in which only that Marketing
Partner has a Beneficial Interest (e.g., a husband and wife form a limited
liability company to operate their Marketing Partner Business and are the only Marketing
transactions must maintain the integrity of the organizational genealogy.
USD$100 Sale/Transfer Fee will apply and must be submitted along with a
notarized Transfer Affidavit, new Application & Agreement for the
transferee, and any supporting documents requested by the Company.
approval of a proposed sale must be in writing.
Until written approval is received, the transferee or buyer is not
authorized to conduct business under the Marketing Partner Business. Commissions will continue to be paid under
the name of the original Marketing Partner until approvals are granted. Previously earned commissions under the Marketing
Partner Business will not be reissued under the transferee or buyer’s name.
reference, the terms on the Transfer Affidavit are incorporated herein and form
part of this P&P.
transferee cannot have any interest in another position or account.
Company may terminate the Marketing Partner Agreement if the seller/transferor
does not meet any of the above requirements.
Dissolution of Marriage, Business Partnership or Death:
death or incapacity, the benefits of this Agreement shall inure to the Marketing
Partner’s heirs or successors in interest and the obligations and benefits of
the P&P shall be binding upon the respective successors, upon completion of
a new Marketing Partner Application and Agreement.
the event of a death, the designated beneficiary shall provide the Company with
a certified copy of the final will and testament (or probate decision in
absence of a will), if any, along with a certified copy of the Death
in interest must submit an amended Marketing Partner Agreement. Upon notice of
demise, the Company reserves the right to make payments to the estate of the
deceased Marketing Partner. If the legal
successor wishes to terminate the account, a written, signed statement of
request to terminate must be submitted along with appropriate legal proof of
death. If the legal successor to the Marketing Partner Business is already an
existing Marketing Partner, the Contract will be assigned to the existing Marketing
Interest through inheritance; provided, however, that the existing Marketing
Partner does not already own another Marketing Partner Business through
inheritance. If the existing Marketing Partner already owns another Marketing
Partner Business through inheritance, the Company will allow multiple
Beneficial interest through inheritance for up to six (6) months, by which time
the existing Marketing Partner must have sold or otherwise transferred the
existing or one of the inherited Marketing Partner Business.
a marriage, common-law union or business partnership dissolve, the parties must
notify the Company in writing with details as to who will retain the Marketing
Partner position. The notification must include the signatures of both parties.
said notification, commission/bonus payments will be payable in accordance with
the current Marketing Partner Application & Agreement on file. Under no
circumstances will the Company interfere in settlement disputes or split
commission and bonus payments between divorcing spouses or Marketing Partners
of dissolving entities.
the dissolution is finalized, the second party may be entitled to enroll as a
new Marketing Partner under the Sponsor of his or her choice upon submission of
a completed Application & Agreement, if he or she remains in good standing
with the company.
If two Marketing Partners marry, they may keep their Marketing Partner Business
selling/transferring Marketing Partner must either provide or have on file a
current and accurate Marketing Partner Agreement and Statement of Beneficial
Interest for all Business Entities requesting the transfer.
documentation available by request from the Company must be submitted in order
to process a sale or transfer of Marketing Partner Business.
application for a sale or transfer must be received by the Compliance
Department at the Company by 11:59pm on the last day of the month in order for
the change to be effective for the given month.
requests received after 11:59pm on the last day of the month will be processed
for the following month.
one hundred dollar ($100 USD or equivalent local currency) fee will be assessed
per each request.
death or incapacity, the benefits of this Agreement shall inure to the Marketing
Partner’s heirs or successors in interest and the obligations and benefits of
the P&P shall be binding upon the respective successors, upon completion of
a new Marketing Partner Application and Agreement.
the event of death, the designated beneficiary shall provide the Company with a
certified copy of the final will and testament (or probate decision in absence
of a will), if any, along with a certified copy of the Death Certificate.
the event of an extended probate, the legal Marketing Partners of the deceased Marketing
Partner should contact the Company to discuss how to process. In the absence of any instructions, all
communications and payments will be made in accordance with the original
Sponsoring Rights and
Partners have the right to sponsor others within authorized territories. Only Xcelfuel will determine and announce
which territories are authorized for Xcelfuel business activity.
must fulfill the obligation of performing bona fide supervisory and training
functions in the marketing of products and program benefits.
must not make exaggerated claims of financial rewards during marketing
presentation. The displaying of
commission/bonus payments is considered an income claim and is prohibited.
all times Sponsors must emphasize that success in the Company’s marketing
program will vary from Marketing Partner to Marketing Partner and will depend
on personal efforts, including, but not limited to skill and time invested in
developing the business. Marketing
Partners are compensated solely for the sale of products sold by them and their
downline organization. The mere act of
sponsoring a new Marketing Partner does not generate any compensation
ultimate purpose of the Xcelfuel business is the sale of products to end
consumers; this must be emphasized in all opportunity presentations.
the Company accepts an Applicant’s Marketing Partner Agreement, the new Marketing
Partner is automatically placed on the first level and first available matrix
position of the Enrolling Sponsor’s Downline Organization.
International Marketing Partner Status:
Partners may only conduct business in countries where the Company officially
announces that is authorized to conduct business. This includes prospecting, lead generation
and sales of product. In addition, due
to differing requirements in labeling and compliance from country to country,
product originating from one country may only be sold or delivered within that
country. In order to protect the
integrity of the Company as well as the organization, violations of this policy
will not be tolerated.
requirements for conducting business differ for each country, so Marketing
Partners should not assume that Marketing Partner Status requirements are the
same worldwide. Marketing Partners
interested in participating in other international Xcelfuel ventures should
contact their local office to obtain instructions.
New Market Development:
Partners may not individually import, export or distribute products or business
building tools in any country.
Company has the sole responsibility of contacting and coordinating with
government or legal agencies for the purpose of initiating the approval process
to introduce Xcelfuel products to any country.
Notwithstanding the Marketing Partner’s enthusiasm and good intentions,
circumvention of this policy could have harmful effects on the Company’s
ability to conduct business. Therefore, attempts to market in countries outside
of the Xcelfuel official list of open countries will result in sanctions up to
and including immediate termination of the Marketing Partner’s status.
Partners understand that conducting any pre-launch activity in countries not
officially open for Xcelfuel business is against Company policy.
of this policy shall be subject to the laws governing that country, termination
of their Marketing Partner Status and subject to civil and/or criminal
prosecution to recuperate any damages to the Company.
will not be accepted from anyone who does not have a Marketing Partner Sponsor.
the Company receives inquiries from the public about its products and
opportunity, it will attempt to ascertain whether contact resulted from a
Marketing Partner‘s sponsoring efforts and if so, the inquiring party will be
referred to that Marketing Partner.
Other prospects, who have simply heard of the company without any
discoverable contact with a Marketing Partner, will be referred to an Active Marketing
Partner pursuant to the Company’s lead distribution policy.
Partners may cancel their Marketing Partner Business status at any time with a
signed and dated letter indicating their intent to discontinue their Status.
Downline organization affected by the resignation will remain under the Marketing
Partner’s Sponsor organization. Matrix
compression will apply in accordance to the Compensation Plan.
an account has been cancelled, the former Marketing Partner may not re-apply
for Marketing Partner Status, whether as an individual or part of an entity,
six (6) months from the date of cancellation, provided he or she was in good
standing at the time of voluntary cancellation.
accounts will not be reinstated to their original placement position under any
Company may terminate a Marketing Partner, at its sole discretion, if any
provision of the Agreement, including any amendments that may be made by the
Company, is violated.
the event of a Marketing Partner termination, the following procedures will be
cause exists for termination, the Company will inform the Marketing Partner by
Email at the latest address listed with the Company for the Marketing Partner
that his/her Marketing Partner status is immediately terminated. The Marketing
Partner will have ten days from the receipt of email to appeal the termination
in writing. Unless the Marketing Partner replies to the Company within this
time period, the termination will be deemed final.
timely appeal of the termination, the Company will review the matter and
determine the appropriate action, and the decision of the Company will be
c) In the event that a Marketing Partner
resigns or is terminated, they will not be entitled to any compensation from
the Company. In cases where a termination is disputed, the Company may, at its
option, hold all past, current and future monies in a reserve fund until the
dispute is settled.
d) Any Downline organization affected by
the termination will remain under the Marketing Partner’s Sponsor
organization. Matrix compression will
apply in accordance to the Compensation Plan.
e) Cancellation shall become effective on
the date on which written notice is mailed, faxed or emailed to the Marketing
Partner’s last known address (physical or electronic), or when the Marketing
Partner receives actual notice of cancellation, whichever occurs first.
Section 2: Company Products & Services
The Company opportunity is built upon
retail sales to the ultimate consumer.
As the Company imposes no specific minimum inventory requirement on its Marketing
Partners, a Marketing Partner must use its own judgment to determine the amount
of inventory they will need to sustain for their projected Retail Sales,
Sampling and Personal Use.
Marketing Partner Product Ordering:
a) Products can be ordered through the
Marketing partner’s back office or website at www.Xceleratefueltabs.com.
b) The prices of the Company’s Products
are subject to change at the discretion of the Company.
Payment must be the exact amount of the
order and may be made by those methods presently available.
d) Separate payment must be included for
each order submitted.
e) Multiple Marketing Partners cannot
combine two or more orders on the same form.
Orders must be paid in full prior to
pick-up or shipping. All shipping and handling costs are based on delivery
location and the amount of Products ordered.
Unauthorized use of another Person’s
credit card is prohibited.
The Company will correct any charge errors
reported within 15 days of the date the order was placed, but will not be
responsible for any errors or omissions not reported within 15 days.
Once an Order is placed it cannot be
cancelled. The Marketing Partner will have to go through the return or exchange
procedures as outlined in this document. Retail Customers must contact Support
Orders are credited to the commission
period in which they are received, provided that proper payment is also received.
For an order to be credited to a given
commission period, it must be COMPLETED:
Online via back office or corporate
website – by 11:59:59 p.m. Eastern on the final day of the month. In the event
of disagreement, the Company’s timepieces will prevail.
The Company reserves the right to reject
any order for any reason.
By reference, the provisions on the Order
Form are incorporated into this Agreement.
Retail Customer Program:
Product purchases can be ordered through the
Marketing Partner’s website www.Xceleratefueltabs.com.
2. The primary relationship in these transactions is between
the Marketing Partner and their customer. Xcelfuel fulfills a third-party
merchant and fulfillment service role only.
3. Marketing Partners will operate their Retail Customer
business in accordance with all the rules, regulations, policies, and
procedures set forth by the Company.
4. Marketing Partners shall provide their current contact information to their Customers
and make it known to their Customers that they are available to answer
questions, provide advice, and respond to customer concerns. Marketing Partners
shall consult Company provided training materials and FAQ for assistance in
supporting and responding to Customers.
5. In the event of a Retail Customer dispute, resolution is
the responsibility of the selling Marketing Partner. The Company may step in as
a third-party intermediary in the case of non- resolution.
6. Retail Customers purchase product directly from the Company
at the current Suggested Retail Price (SRP).
7. Retail Customers are not authorized to sponsor any
individual or entity, resell Company products or services, or participate in
the Xcelfuel compensation program.
1. For convenience, the Company offers an AutoShip program to
assist Marketing Partners and Customers in managing their inventory.
2. Marketing Partners and Customers may enroll in the AutoShip
Program by setting up an AutoShip profile online at the time of purchase.
3. Marketing Partner AutoShip orders are processed on the day of
the month the Marketing Partner sets up the Autoship to commence for that month
and each consecutive month, subject to processing volume. AutoShip orders will
ship within 5 business days from the date the order was processed.
4. By reference, the AutoShip Agreement is incorporated into
the Company is temporarily out of stock on ordered Product, a Marketing Partner
will receive a “Back Order” notice with his or her shipment. Back orders are
filled first as new inventory arrives. Volume on back orders is credited to the
month in which the Company received payment for the original order, but
commissions may be delayed until shipment has been completed.
Electronic Funds Transfer (EFT):
This method of payment may be an option for the purchase
of Products and payment of
Commissions to Marketing Partners in certain Authorized Countries. When a
Marketing Partner sets up an EFT method to
purchase Products or receive Commissions, he or she is authorizing the Company
to electronically debit or credit his or her bank account on a recurring basis
for the amount of any designated purchase or payment, subject to the laws of
the Authorized Country where the Marketing Partner resides.
a) In order to establish EFT as a purchase or payment method, an
eligible Marketing Partner must submit the required forms to a Company customer
service representative or through their Marketing Partner back office.
A Marketing Partner’s use of a bank
account belonging to another person for EFT purchases requires written,
notarized authorization by the owner of the account. Failure to obtain proper
authorization constitutes a breach of Contract.
1. Any payment that is not supported by sufficient funds or that is returned uncollected
constitutes a breach of the Contract. The Company will assess a handling fee of
twenty-five dollars ($25 USD or equivalent local currency) for all payments
lacking sufficient funds. The Company reserves the right to restrict a
Marketing Partner’s payment method.
When there are not sufficient funds, the Marketing
Partner is responsible for all bank charges plus the Company’s handling fee. In
the case of the EFT method, the Marketing Partner understands that when the
Company’s first attempt to receive an EFT payment is unsuccessful, the bank may
make a second attempt within three (3) days. The Marketing Partner’s bank may
charge an insufficient funds fee for each unsuccessful attempt. If there are
insufficient funds, the Company will put a hold
on the Product or cancel the shipment. If the Product has already been shipped,
the Marketing Partner will be expected
to use an alternate means of payment for the Product. If payment is not
received within a reasonable amount of time, the Company may proceed with
collection measures, stop the future shipment of orders, and take any other
recovery steps available to it under the Contract, including withholding
Any uncollected amount may be deducted
from the Marketing Partner’s present or future Commissions.
The Marketing Partner understands that all
Persons listed on the Marketing Partner Agreement, or any Person having a
Beneficial Interest in the Marketing Partner Business, will be held jointly and
severally liable for the outstanding amount for unpaid Product and fees. It is
expressly understood by the Marketing Partner that this joint and several
liability supersedes any limitations of liability otherwise available to the Marketing
Partner Business or its Beneficial Interest holders.
Sales Tax, GST, VAT:
1. U.S. and Canadian
sales tax is collected on Product sales in all states and provinces
that have sales tax. Shipping and handling is calculated using the applicable
rates for the location of where the product
is shipped. The Company will collect and remit sales tax to the proper taxing
authority following collection. The
Company may, in its sole discretion, accept “Sales and Use Tax Exemption
Certificate” or equivalent document to the Company. If occupied by the Company,
the collection of sales tax will be the responsibility of the Marketing Partner. Seeking the advice of a tax
professional is recommended to determine tax issues
for each Marketing Partner and their business. It is the responsibility of the Marketing
Partner to provide an updated copy of its certification for exemption from
sales tax each year.
Product Inspection and Acceptance:
1. Marketing Partners must inspect
Product upon delivery.
If the Product is damaged in
shipment, incorrectly sent due to a Company error, or otherwise of substandard
quality, the Company will exchange the Product, provided you notify the Company
within five business days of receipt of the order. If an exchange is not feasible, the Company will refund the amount of the returned Product.
Failure to notify the Company within five business days of non- conforming Product will be deemed
acceptance of the Product delivered.
1. Customer Product Return Policy:
If purchased directly
from Xcelfuel: A Customer may return the unopened product for a full refund of
the purchase price within 30 days of
the date of purchase. To obtain a refund, the Customer must contact Customer
Service for authorization and
additional instructions on the refund procedure. Xcelfuel will only honor one
refund request per product from any Customer, except where a product is received in a damaged or defective
condition. One-way shipping or courier costs to Xcelfuel for the return of
Product will be borne by the Customer unless otherwise prohibited by law.
If purchased directly
from a Marketing Partner: Marketing Partners are required
to honor the Xcelfuel 30 Day
Money Back Guarantee for all Customers who purchase
the Products from you. The Customer may return the unopened Product to you within 30
days of purchase for a replacement
or refund. To process a Customer return, you must collect the unopened product,
Customer’s full name, phone number, and email address (the “Customer Contact
Information”), and contact customer service at support@Xcelfuel.com for
authorization and further instructions on the refund/replacement procedures.
One-way shipping or courier costs to Xcelfuel for the return of Product will be
borne by the Marketing Partner unless otherwise prohibited by law. Customers
are limited to one refund request per product, except where a product is
received in a damaged or defective condition.
Marketing Partner Return Policy:
You may return the unopened
product for a full refund upon
notifying the Marketing Partner Relations Center within 30 days from the date
of your purchase. An agent will assist
you with the proper procedures in order to process your refund. Marketing Partners are limited to one
refund request per product, except where a product is received in a damaged or
defective condition. Any advancement in the
Xcelfuel Rewards Plan, bonuses or awards achieved as a result of these
purchases will be reversed and the amount(s) deducted from the Marketing
Effect of Returns
and Refunds on Marketing
Partner Commissions: Any Commissions paid to the Marketing
Partner and his or her Upline for the Product returned by a
Marketing Partner or Customer may be debited from the respective Upline Marketing
Partner’s account or withheld from present or future Commission payments.
Restrictions on Sales:
a) Prohibition on Sale for Purposes
of Resale. A
Marketing Partner is prohibited from selling Products
to any Person who the Marketing
Partner knows, or has reason to suspect, will resell those Products. This
provision survives the termination
of the Contract. Persons or companies that want to purchase products for resale
should enroll as a Marketing Partner and purchase those products directly from the Company.
b) Internet Sales. Marketing
Partner acknowledges and agrees that the advertising and selling of Products on the
Internet may only be done on a Company provided Website. A Marketing Partner
may not, directly or indirectly, sell or offer for sale Products on any
unauthorized Website, including, but not limited to, Amazon, eBay, Walmart
Marketplace, Kijiji and Craigslist. The provisions of this Section survive the
termination of the Contract.
c) Retail Establishments. Except as described herein,
a Marketing Partner may not sell Products
or promote the business opportunity
through unapproved Retail Establishments. The display of Xcelfuel Independent
Marketing Partner information within
the premises of a Retail Establishment is acceptable if it complies with all
the relevant advertising requirements of this Section and with the following:
display may incorporate one of each Product per Retail Establishment, and/or
several images of such Products, into a display for the sole purpose of
d) No Altering. A Marketing Partner shall not re-label, alter, modify, tamper with or repackage any Products or Product labels, packaging, or literature.
Section 3: Compensation
The Xcelfuel Compensation Plan is based
on a Network Marketing system of person-to-person distribution and direct sales
to end consumers. Marketing Partners are compensated for the products sold and
distributed through their sales and marketing organizations. Commissions are paid to Marketing Partners
who qualify pursuant to the Rewards Plan and who are in compliance with the
Contract. A Marketing Partner does not receive compensation for sponsoring or recruiting other Marketing Partners. By reference, the Xcelfuel Compensation Plan
is incorporated into this P&P.
1. The Company will pay Commissions to Qualified Marketing Partners on Product orders that have been
received before the end of the Commission period; (ii) fully paid; and (iii)
the sale is completed.
Commissions are paid in the name of the
Business Entity listed on the Marketing Partner Agreement. When no Business
Entity is listed, Commissions are paid to the personal name of the first Person
listed on the Marketing Partner Agreement.
Monthly Commissions are paid on the 5th
day of each month. All orders must be received by the Company before midnight,
11:59 PM Eastern Time on the last calendar day of the month to be included in
that month’s Commission calculation.
Commissions/bonuses are not paid on the
purchase of any promotional business material such as sales aids.
If a Marketing Partner believes that there
is an error in the computation of commissions and/or program qualifications,
the error must promptly be brought to the attention of the Company. If such
problems are not presented to the Company in writing within Thirty (30) days
after the end of the relevant Commission period, the Marketing Partner waives
all recourse with respect to such alleged error.
1. The minimum amount for payment of commission
and bonus is 25 dollars ($25 USD or equivalent local
currency). Commissions and/or bonuses in an amount less than 25 dollars ($25
USD or equivalent local currency) for a pay period will accumulate until they
equal or exceed one dollar ($25 USD or equivalent local currency).
Returned or Unpaid
1. The Company makes every effort to ensure that a Marketing
Partner receives its commission payments. However, if a commission payment is
unpaid due to insufficient information or other reasons beyond the control of
the Company, the payment will be held for the benefit of the Marketing Partner
for 180 days. Once the 180 day time period has passed, the commissions may be
1. The Company may debit or place a hold on any commission/
bonus payments for any amount owed it by the Distributor.
2. When a product is returned to the Company for a refund, the
Company, at its discretion may, in the month in which the product is returned,
and continuing each pay period thereafter until the bonuses or commissions are
Deduct any bonuses and commissions
attributable to the returned or repurchased products from the Distributor(s)
who received the bonuses and commissions on the sales of said products.
Deduct the corresponding points from the
Personal or Group Volume of the Distributor who earned commissions/bonuses
based on the sale of the returned products.
Deductions and Offsets:
1. The Marketing
Partner authorizes the Company to deduct fees from its Commissions as deemed appropriate in accordance with
Section 2 herein or any other term or condition of the Contract. Any reasonable
fees will be assessed at the sole discretion of the Company.
Section 4: Income and Retail Sales Tax
Xcelfuel does not withhold income tax on
commissions earned by its Independent Consultants. It is your responsibility to
report your earnings and pay the applicable government taxes in your country,
state, or province of residence. You are responsible for any penalties imposed
by the taxation authorities for non- payment, late payment or insufficient
payment of taxes. For more information, please contact your local tax authority
or your accounting professional. Xcelfuel does not give tax advice.
Xcelfuel provides the U.S. Internal Revenue Service (IRS) and U.S. Independent
Consultants with a 1099-Misc form (Non-employee Compensation Earnings
Statement) for each American resident who falls into the following categories:
had earnings and/or bonuses and/or won
prizes (including trips) of over $600 in the previous calendar year;
made commissionable purchases listed on
their Independent account in excess of $5000.00 (based on wholesale price), or
in accordance with individual regulations.
states may have other criteria which would result in issuance of the 1099-Misc
form. Consult your tax advisor or
accountant for advice.
B. Canadian Residents:
1. Annually, Xcelfuel provides Revenue Canada and Independent
Consultants with a T4-A form (Statement of Pension, Retirement, Annuity and
Other Income) who:
A. Had earnings and/or bonuses and/or won prizes (including trips) of
over $500 in the previous calendar year.
B. Similarly, Xcelfuel annually provides Revenu Québec and Canadian
Independent Consultants who are residents of the province of Quebec with a RL 1
slip (Relevé 1 - Employment and other income) who had earnings and/or bonuses and/or
won prizes (including trips) of over $50 in the previous calendar year.
C. Retail Sales Tax – United States:
Xcelfuel will collect sales tax for each state that allows or requires it to do so (for additional information such as
specific states that require Xcelfuel
to collect sales tax, please contact Customer Service) and will remit the tax to the appropriate government agencies.
Xcelfuel is required to collect and remit sales taxes based on its “suggested retail price” and the sales tax rates applicable
to the ship-to address. The suggested
price will be used
as the tax
the Independent Marketing Partner’s state
allows the use of resale certificates or tax numbers. In this case, if the
purchase is made for resale and the Independent Marketing Partner has a valid
resale certificate or tax number on file with Xcelfuel, Xcelfuel will not
collect the applicable taxes from the Independent Marketing Partner. The Independent
Marketing Partner is responsible for collecting and remitting taxes to the
appropriate taxing authorities.
Xcelfuel sells directly to Customers who
have been referred to Xcelfuel by an Independent Marketing Partner. Taxes will
be charged based on the purchase price paid by the Customer. A Customer is not
eligible to resell products, nor use his account to make products available to
Xcelfuel will collect the applicable sales tax on the personal orders of products purchased by the Marketing
Partner based on the actual
by the Independent
Marketing Partner, subject
to the limitations described
For the purpose of this policy, a personal order includes products purchased for resale and/ or products personally consumed by you or by the officers, directors, shareholders, or employees of the Marketing Partner Business if you are operating
under a business name.
D. All Other Jurisdictions:
Xcelfuel will collect and remit sales tax on the actual price paid by Consultants or Customers at the time of purchase.
E. Tax Exempt Forms:
1. In order to be exempt from any taxes, you must provide Xcelfuel with a certified copy of your tax-exempt status;
must be received
before an order is
placed. Taxes cannot
be refunded retroactively.
reserves its right to provide the applicable federal, state and provincial tax authorities with any additional tax information as
Section 5: Advertising
Xcelfuel encourages Marketing Partners to
advertise and promote the company’s products and marketing opportunities. However, it is critically important that all Marketing
Partners comply with the advertising guidelines contained in these Policies and
Procedures. All and any testimonies or
claims must also comply with these Policies and Procedures. In order to protect Xcelfuel and its Marketing
Partners, Xcelfuel reserves the right to suspend and/or terminate Marketing
Partners who are in violation of these advertising guidelines.
Trademarks, Logos, Names
1. Marketing Partners may not use Xcelfuel trademarks, logos,
name or trade names or any distinctive phrases used by Xcelfuel in its business
except as stated in these Policies and Procedures. Marketing Partners who make authorized use of
Xcelfuel’s trademarks, logos, names or trade names must clearly indicate the term
“Xcelfuel Independent Marketing Partner” and it must be placed
directly under the logo or trademark used.
Marketing Partners may not use Xcelfuel trademarks or names in the
domain names or subdomain names of Web site addresses or within electronic
2. The Marketing Partner agrees to immediately re-assign to
the Company any registration of the Company names, trade names, trademarks, or
Internet domain names registered or reserved in violation of this policy. The
provisions of this Section survive the termination of the Contract.
Marketing Partners may not
produce for sale or distribution any recorded company events and speeches
without written permission from Xcelfuel nor may Marketing Partners reproduce
for sale or for personal use any recording of company-produced audio or video
Literature, Sales Aids,
Television and Radio:
1. To promote both the products and the opportunity Xcelfuel
offers, Marketing Partners must use only the sales aids and support materials
produced by Xcelfuel. Sales aids and
support materials include but are not limited to: Product brochures, videos,
audios, reference books and product catalogues (both digital and in print). The
rationale behind this requirement is simple; Xcelfuel has carefully designed
its products, product labels, Compensation Plan and promotional materials to
ensure that each aspect of Xcelfuel is fair, truthful, substantiated and
complex with the vast and complex legal requirements of federal, state and
2. Marketing Partners may place generic classified business
opportunity advertisements such as those intended for print media (i.e. local newspapers
and magazines) or for classified online ads such as Craigslist or Kijiji, provided the advertisement conforms to
all applicable laws and regulations and does not in any way utilize any of the
Company brand, images or trade names.
3. Mass-media marketing is not authorized and any requests for
such projects will be denied. Examples of this type of marketing include radio
and television appearances or infomercials, commercials or billboards.
4. A Marketing Partner may only use a celebrity endorsement with
written approval from the Company
and the specific prior written approval of the endorsing celebrity for each use
of the celebrity’s name.
5. Xcelfuel requires a minimum of three business days to
approve any requests. Unless the Marketing
Partner receives a written approval to use said advertising piece, the request
shall be deemed denied.
6. The Company retains the right, at its sole discretion, to
request the immediate removal of any and all non-compliant or offensive
material used by Distributors to promote the Company’s products or opportunity.
1. In order to ensure accuracy and consistency in the
information given to Marketing Partners of the media, Marketing Partners
receiving any inquiry regarding Xcelfuel, its products, employees or marketing
programs must immediately refer the inquiring parties to Xcelfuel’s Head Office
through our Compliance Department.
Personal appearances made by Xcelfuel Marketing Partners on television
or radio to represent Xcelfuel products or services are prohibited without the
prior written approval of Xcelfuel’s Compliance Department.
1. Xcelfuel prohibits Marketing Partners from answering or
identifying themselves on the telephone in any manner that would make callers
believe they have reached the corporate offices of Xcelfuel. Marketing Partners should therefore refrain
from using Xcelfuel’s name in answering the phone by saying “Xcelfuel” or “this
is (name) with Xcelfuel”. This also
applies to telephone listings and recorded messages. The approved telephone listing for all
telephone publications is “Xcelfuel Independent Marketing Partner (name)”.
2. Marketing Partners must not engage in telemarketing
relative to the operation of their Xcelfuel businesses. The term “telemarketing” means the placing of
one or more telephone calls to an individual or entity to induce the purchase
of a Xcelfuel product, or to recruit them for the Xcelfuel opportunity. “Cold Calls” made to prospective Customers or
Marketing Partners that promote either Xcelfuel’s products of the Xcelfuel
opportunity constitute telemarketing and are prohibited.
1. Except as described herein, a Marketing Partner may not sell
Products or promote the business opportunity through unapproved Retail
2. The owner of an independent retail store (sole proprietorship) that wishes to sell or
promote Xcelfuel products must be a Xcelfuel Marketing Partner in good standing
and purchase the products through the corporate website.
3. Marketing Partners and/or retail
outlets are not permitted to sell Xcelfuel products at a discounted price.
4. The display of Independent Marketing Partner information
within the premises of an approved Retail Establishment is acceptable if it
complies with all the relevant advertising requirements of this Section and
with the following:
The display may incorporate one of each Product
per Retail Establishment, and/or several images of such Products, into a
display for the sole purpose of advertising.
6. Company products cannot be sold, marketed or distributed at
any franchise stores or big box retailers.
7. To protect person to person marketing efforts, the Company
retains the right to restrict its products from being sold at any location
which it does not deem acceptable.
8. Exterior signs or window displays advertising the Company
or its products will not be permitted at any non-corporate location.
Trade Shows, Fairs, Flea Markets:
1. Each Marketing Partner is responsible for contacting the
appropriate local authorities regarding any required sales licenses, permits or
forms with regard to participation in an event such as a trade show, fair or exhibition
(an “Event”). If a license, permit or
special form is required, a copy must be sent to Xcelfuel for its permanent
2. You must receive prior permission from Xcelfuel before
setting up an exhibit at any Event. Your
request to attend a specific event must be sent in writing to the Compliance
Department. When permission is granted,
it is granted for the specific Event only.
Permission does not carry over to the same Event on another date or at
another place. Xcelfuel grants
permissions for only one Marketing Partner to display Xcelfuel products at each
Event. If two Marketing Partners apply
for permission to represent Xcelfuel at any given Event, preliminary permission
will be granted to each Marketing Partner.
Final approval will be given to the first Marketing Partner who provides
Xcelfuel with a copy of the booth space contract showing proof of payment for
Marketing Partners are encouraged
to cooperate with each other for such Events, but Xcelfuel remains the final
authority on approval of attendance at Events where Xcelfuel products are
represented or displayed.
3. A Marketing Partner may sell or promote Products at bazaars, flea markets,
fairs, swap meets or other similar gatherings, utilizing company supplied or
approved marketing materials.
4. A Marketing Partner shall not re-label, alter, modify, tamper with or repackage any Products or Product labels, packaging, or literature.
Internet Marketing &
1. Subject to the provisions herein, Marketing Partners may
use a Company provided website commonly referred to as a ‘replicated website’,
to sell products and promote the business opportunity over the Internet. No Marketing Partner may independently design
a website that uses the name, logos, or product descriptions of the Company or
otherwise promotes (directly or indirectly) Xcelfuel products or the Xcelfuel
opportunity, without first submitting the website to compliance for official
2. Marketing Partners may create a link to their personal Xcelfuel
site from a compliant independent Website and may redirect existing URLs to
their Xcelfuel Internet address.
3. When selecting terms for use in domain names, you may not
include Xcelfuel, Xceleratefueltabs, names of corporate executives and
advisers, or any term that may be a derivative of or confusingly similar to the
Xcelfuel trademark, such as “Xcelfuel.com”.
4. Xcelfuel maintains the right to request the removal of any
advertising or title if it conflicts with the corporate brand and interests.
Social Networking/Media Sites:
1. Marketing Partners are encouraged to use company provided images
and messages from the Company Social Sharing System on their personal social
networking sites such as “Facebook”, “Twitter”,
“YouTube”, “Google Video”, “WordPress”, “Blogger”, etc. (collectively,
“Social Media Sites”). Any distributor created images or messages must comply
with the current policies and procedures and ensure that the following
conditions are met:
a) All text, audio and
video postings may not contain product or income claims. For product
information, Marketing Partners may refer viewers to their Xcelfuel replicated Company
Website. All postings must adhere to the company’s code of ethics and are
subject to this entire contract.
Links to Company videos may be posted to
Social Media Sites, but may not be re-purposed or altered and must be in their
original, untouched state and may not be used in conjunction with non-company
will monitor the Social Media Sites for compliance with the Policies and
Procedures and Marketing Partner agrees to immediately remove or modify the
Social Media sites or posts upon the Company’s request.
d) Upon termination of the Contract, any social media pages created
with the sole intent of networking the Xcelfuel business and/or products must
be removed or signed over to Xcelfuel for proper dissemination of the group or
2. While you are encouraged to share Xcelfuel in your Social
Media Sites, you may not use Xcelfuel or a confusingly similar name as your
account name, group name, page name, discussion name, or other social
networking presence, and may not use the Xcelfuel logo, or a Xcelfuel product
picture as your profile picture. Xcelfuel maintains its own social
networking profiles that permit our Marketing Partners to join pages created by
Xcelfuel to communicate with the Xcelfuel community.
3. If you use a Social Media Site to market Xcelfuel, you must
identify yourself as a “Xcelfuel Independent Marketing Partner” and not
represent yourself as an official representative or employee of Xcelfuel.
Section 6: Corrective
Action and Appeal Process
A Marketing Partner may terminate the Contract by
submitting to the Company in writing a request to terminate.
2. The Company may terminate the Contract if the Marketing
Partner violates the terms of the Contract and any amendments thereto.
3. Upon termination, the Company may in its sole discretion
dissolve the Marketing Partner Business and the downline would roll up to the
Resolution of Disputes:
You should attempt to resolve any grievance or complaint against another Independent Marketing Partner by first seeking resolution
advice from your
Corrective Action Procedure:
Allegations of a violation of a Policy
(hereinafter referred to as “Issue”) may be brought against a Marketing Partner
of the Company by any of the following as an “Initiator” of the procedure:
an employee of the Company, a Marketing Partner of the Company, and/or any third person who has been affected by the conduct of a Marketing Partner or by the Company on its own notion. The complaint may be reported by writing to
complaint will be
filed with the
All references in this P&P to the “Compliance Officer” shall refer to the officer or employee holding that
title or their
The Compliance Officer may determine from the complaint, or other evidence pertaining to the Issue, that it does not constitute a violation of any Policy of the Company. The Initiator will be sent a reply to this effect, and no other
The Compliance Officer may determine that the allegations are credible and do not warrant an investigation, in which case a Warning notice will be sent to the violating Marketing
Partner directing them to cease the current activity. The Warning will include
an agreement that the Marketing
Partner must sign
return within a specified time
frame for follow up.
If the Compliance Officer determines that the allegations are credible, the Officer has the right to investigate. Once the investigation is completed, a response will be forwarded to the Marketing Partner who has allegedly violated the Policy set forth in the Complaint. The complaint letter allows the Respondent to provide details of the “Issue”, and to clarify the facts. Upon receipt, the Compliance Officer shall review the Marketing Partner’s reply. If it is determined that appropriate measures have been taken to correct the Issue, the Officer will close the file. However, if the violation has not been
rectified, disciplinary actions will be imposed, including termination of the Marketing
one or a combination
of the following sanctions:
a) A Written Warning clarifying the meaning and application of a specific policy in the P&P and advising
a continued breach will result
in further sanctions including suspension, inactivation or
or termination of
all remedies available by
Effect of Termination:
1. Upon termination, whether voluntary or Company-initiated, you shall have no right, title, claim or compensation derived
2. Shall not refer to
Independent Marketing Partner.
3. Shall not have
using any materials
or service mark.
5. Shall not continue
to communicate with the Company
to perfect and pursue an
of the termination or
pursuant these Policies and Procedures.
6. Shall not work for, work with, or otherwise assist or be utilized in any capacity by Xcelfuel Independent
Marketing Partner in the operation of their business. This includes, but is not limited to, performing any functions in sales, support, promotions or
of any nature
to any Xcelfuel business.
Arbitration and Governing Laws
Partner Application &
Agreement is governed by the laws the Company operates in. Any dispute or claim or other differences between the Independent Marketing Partner, its owners, officers, employees,
agents and/or partners on the one hand, and the Company, its owners, officers, employees and/or agents on the
other hand arising out of or relating to the Marketing Partner Application & Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitral, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of three arbitrators. The place of the arbitration will be the one in which the Company in dispute has operations in. The language to be used in the arbitral proceedings will be the one in which the Company in dispute has operations in. The governing law in the proceeding will be the one ruling in the place in which the
Company in dispute operates in. Judgment upon the award rendered by the arbitrators may be entered by any court
Marketing Partner, its owners, officers, employees, agents and/or partners on the one hand, and the Company, its owners, officers, employees and/or agents hereby expressly waive to any other jurisdiction that might correspond
or due to
THE COMPANY NEVER RELINQUISHES ITS RIGHT TO INSIST ON COMPLIANCE WITH THESE RULES OR WITH
APPLICABLE LAWS GOVERNING THE CONDUCT OF A BUSINESS. THIS IS TRUE IN ALL CASES, BOTH SPECIFICALLY
EXPRESSED AND IMPLIED. IN ADDITION,
IF THE COMPANY GIVES PERMISSION FOR A BREACH OF THE RULES, FOR ANY REASON, AT ANY TIME, THAT PERMISSION DOES NOT EXTEND TO FUTURE BREACHES. THIS PROVISION DEALS WITH THE CONCEPT OF “WAIVER”, AND THE PARTIES AGREE THAT THE COMPANY DOES NOT WAIVE ANY OF ITS RIGHTS UNDER ANY CIRCUMSTANCES SHORT OF THE
WRITTEN CONFIRMATION ALLUDED TO
G) Important Contact Information
and the U.S.
DBA Xcel Fuel /
Xcelerate Fuel Tabs
4737 N Ocean Dr
Lauderdale by the Sea,