TERMS AND CONDITIONS

Agreement Effective

December 1, 2020

ACCEPTANCE OF TERMS THROUGH USE

By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this website and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site, KINGDOM OF GOD INTERNATIONAL, a non-profit organization (“KOGI”), reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. KOGI reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement.

YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person over 18. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.

LICENSE TO USE THIS SITE

Upon your agreement, KOGI hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are the property of KOGI and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by KOGI, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from KOGI is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security

You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.

You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that KOGI shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

Export

You agree that you shall comply with all applicable business laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Errors and Corrections

While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we will verify it for you.

LINKS TO OTHER WEBSITES

Our Site contains links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site.

USER’S LICENSE GRANT TO SITE

Except with regard to personal information, all information which you post on this site or communicate KOGI through this site (collectively “Submissions”) shall forever be the property of KOGI. KOGI shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, KOGI shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

USER CONDUCT

By using features of this community site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies.
2. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party.
3. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
5. impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party. You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.

This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules, and/or for any purpose that violates any local, state, federal or law of other nations, Christian values, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.

RELIGIOUS RIGHTS

KOGI exists as a non-profit organization to encourage its members’ faith and your desire to strive for greatness in Christ for yourself, your family, your marriage, and your business. In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. You have read the vision and mission statement which makes it clear that this is a Christian Organization.

The First Amendment to the U.S. Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” As enshrined in the First Amendment, religious freedom includes two complementary protections: the right to religious belief and expression and a guarantee that the government neither prefers religion over non-religion nor favors particular faiths over others. These dual protections work hand in hand, allowing religious liberty to thrive and safeguarding both religion and government from the undue influences of the other. In addition, The Federal Law Protection for Religious Liberty, dated October 26, 2017, Section 4 states: “Americans do not give up their freedom of religion by participating in the marketplace, partaking of the public square, or by interfacing with the government”.

INTELLECTUAL PROPERTY RIGHTS

1. Copyright

The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without KOGI’S prior written permission.

2. Trademark

The Kingdom of God International (KOGI) name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of The Kingdom of God International (KOGI). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

THIRD PARTY SITES

You may be transferred to online merchants or other third-party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of KOGI and are not monitored or reviewed by KOGI. The inclusion of such a link or frame does not imply endorsement of this site by KOGI, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that KOGI and its licensors have no liability whatsoever from such third-party sites and your usage of them.

DISCLAIMER OF WARRANTIES

KOGI, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “as is” without warranty of any kind. KOGI, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. KOGI, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

LIMITATION OF LIABILITY

Under no circumstances shall KOGI, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if KOGI, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, KOGI, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless KOGI, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. KOGI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

LEGAL COMPLIANCE

KOGI may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, KOGI may disclose the User’s identity and a subpoena or other legal action, and KOGI shall not be liable for damages or results thereof and User agrees not to bring any action or claim against KOGI for such disclosure.

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by KOGI from its offices within the State of California, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places have laws that may differ from California, by accessing this site, both you and the Company agree that the statutes and laws of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof.

You and KOGI also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Pasadena, California, and any legal proceedings shall be conducted in English. KOGI makes no representation that materials on this site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.

MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law, shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof, and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.

This site reserves the right to revise these provisions at its discretion. Periodically, review the site and provisions, to ensure you are complying with the current version.

 

POLICY AND PROCEDURES

Effective December 1, 2020

 SECTION 1 – INTRODUCTION

 

1.1 Code of Ethics

1.2 Policies Incorporated Into Independent Subscriber Affiliate Agreement

1.3 Changes to the Independent Subscriber Affiliate Agreement, Policies and Procedures, Affiliate Wealth Sharing Members Reward Plan.

1.4 Delays

1.5 Policies and Provisions Severable

1.6 Waiver

1.7 Location Restrictions 

 

SECTION 2 – BECOMING AN INDEPENDENT SUBSCRIBER AFFILIATE (“ISA”)

 2.1 Requirements to Become a Community Partner

2.2 New Community Partner Subscription ISA Registration via KOGI Website

2.3 Kingdom ISA Benefits

2.4 Term and Renewal of a Trading Business

 

SECTION 3 – ACCEPTANCE OF RISK AND THE POLICY ON THE KOGI INCOME DISCLAIMER

 

3.1 Due Diligence

3.2 Income Disclaimer

 

SECTION 4 – ADVERTISING

 4.1 Adherence to The KOGI Affiliate Reward Plan

4.2 Use of Sales Aid(s

4.3 Intellectual Property

4.4 Web Policy

4.5 Advertised Price

4.6 Generic Business Advertisements

4.7 Media and Media Inquiries

4.8 Unsolicited Email and Fax Communication

 

SECTION 5 – OPERATING A TRADING BUSINESS

 

5.1 – Business Entities

5.1.1 Changes to a Business Entity

5.2 Unauthorized Claims and Action

5.2.1 Indemnification

5.2.2 Endorsement of KOGI Services

5.3 Conflicts

5.3.1 Non-Solicitations

5.3.2 Sale of Competing Goods or Services

5.3.3 Targeting Other Direct Sellers

5.3.4 Privacy and Confidentiality

5.3.5 The Data Management Rule

5.4 Cross Sponsoring

5.5 Governmental Approval or Endorsement

5.6 Identification

5.7 Income Taxes

5.8 Independent Contractor Status

5.9 Stacking

5.10 One KOGI Community Subscription Business Per Independent Subscriber Affiliate

5.11 Succession

5.12 Sale, Transfer, or Assignment of A KOGI Community Subscription Business

5.13 Separation of A KOGI Business

5.14 Sponsoring

5.15 Genealogy Placement

5.16 Harassment

5.17 Religious Liberty

 

SECTION 6 – RESPONSIBILITIES OF AN INDEPENDENT SUBSCRIBER AFFILIATE

 

6.1 Change of Address, Telephone No., Email-Address

6.2 Sponsoring ISA Responsibilities

6.2.1 Initial Training

6.2.2 Ongoing Training Responsibilities

6.3 Non-disparagement

6.4 Reporting Policy Violations

 

SECTION 7 – ORDERS AND TRANSACTIONS

 

7.1 General Order Policies
7.2 Subscription Billing
7.3 Refund Policy

7.4 Charge Backs

 

SECTION 8 – REWARD BONUSES

 8.1 Bonus

8.2 Errors or Questions

8.3 Bonus Buying Prohibited

8.4 Reports

 

SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

 

9.1 Disciplinary Sanctions

9.2 Mediation

9.3 Arbitration

9.4 Damages

9.5 Governing Law, Jurisdiction, And Venue

 

SECTION 10 – EFFECT OF CANCELLATION

 

10.1 Effect of Cancellation and Termination

10.2 Non-Renewal

10.3 Voluntary Termination

10.4 Involuntary Termination

 

SECTION 11 – DEFINITIONS
 

 

SECTION 1 – INTRODUCTION
 

1.1 – Code of Ethics 

Kingdom of God International (“KOGI”) is a values-based company that prides itself on the quality and character of its community partners (hereinafter “Affiliate Member Reward Plan” or “independent subscriber”). The following guidelines help ensure a uniform standard of excellence throughout KOGI. Every KOGI Independent subscriber is expected to practice the following ethical behavior when acting in the name of the company: 

1.        I will be respectful of every person I meet while doing KOGI-related business.
2.        At all times, I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
3.        I will not engage in activities that would bring disrepute to KOGI, any KOGI corporate officer or employee, myself, or other Independent Subscriber Affiliates.
4.        I will not make discouraging or disparaging claims toward other KOGI Independent Subscribers. I will ensure that in all KOGI business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
5.         I will provide support and encouragement to my KOGI partners to ensure that their experience with KOGI is a successful one. I understand that it is important to provide follow-up service and support to subscribers.
6.         I will correctly represent all the bonus/reward plans available through KOGI and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success, or use compensation checks as marketing materials. I further understand that I may only disclose my KOGI wealth sharing income to recruit a potential Independent subscriber(s) after I have given a copy of the Income Disclaimer and KOGI Disclosures to the potential Independent subscriber(s).
7. I will abide by all KOGI Policies & Procedures now and as they may be amended in the future.

1.2 – Policies Incorporated Into Affiliate Member Reward Plan” or “independent subscriber” Agreement. 

These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of the Company, are incorporated into, and form an integral part of the KOGI Affiliate Member Reward Plan” or “independent subscriber” Agreement (hereafter “Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the KOGI Subscriber Application & Agreement, these Policies, and the KOGI Reward Plan. These documents are incorporated by reference into the Independent Subscriber Affiliate Agreement (all in their current form and as amended by KOGI). It is the responsibility of each Independent Subscriber to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Independent Subscriber Affiliate, it is the responsibility of the sponsoring Independent Subscriber to provide the most current version of these Policies and Procedures prior to his or her execution of the Agreement. 

1.3 – Changes to the Affiliate Wealth Sharing Member Reward Plan, Policies and Procedures, or Compensation Plan 

Because federal, state, and local laws, as well as the business environment, periodically change, KOGI reserves the right to amend the Agreement and the prices in its Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Company Materials. Amendments shall be effective upon publication in Official Company Materials, including but not limited to, posting on KOGI’s website, e-mail distribution, publication in KOGI newsletter, product inserts, or any other commercially reasonable method. The continuation of an Independent Subscriber Community business or an Independent Affiliate Member’s acceptance of bonuses or reward commissions constitutes acceptance of any and all amendments. The ability to modify the agreement does not extend to the dispute resolution section in these Policies (Section 9), as those provisions can only be modified by way of mutual consent. 

1.4 – Delays 

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

1.5 – Policies and Provisions Severable 

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

1.6 – Waiver 

KOGI never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of KOGI to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate Member or Independent Subscriber with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of KOGI’s right to demand exact compliance with the Agreement. Waiver by KOGI can be effectuated only in writing by an authorized officer of the Company.

 

1.7 – Location Restrictions

Kingdom of God International, or KOGI, does not provide services / allow user participation in 3^rd world countries presently: 

SECTION 2 – BECOMING AN INDEPENDENT SUBSCRIBER (AFFILIATE MEMBER) 

2.1 – Requirements to Become an Independent Subscriber Affiliate Member 

To become an Independent Subscriber Affiliate Member of KOGI, each applicant must: 

1.        Be of the age of majority in his or her state of residence;
2.        Reside in the United States or other countries, which have been officially opened by KOGI;
3.        Have a valid Social Security Number or Federal Tax Identification Number;
4.        Submit a properly completed and signed Independent Subscriber Affiliate Member Agreement to KOGI via electronically or fax; and
5.        Submit payment of $99 or $199 subscription enrollment fee. Discounts subscription cost and or donations may apply.

1.         Provide an e-mail address which is not already associated with another KOGI account.

2.2 – New Independent Subscriber Affiliate Member Registration by the Internet 

A prospective Independent Subscriber Affiliate Member may self-enroll on the sponsor’s web site or affiliate link. In such event, instead of a physically signed Independent Subscriber Affiliate Member agreement, KOGI will accept the agreement by accepting the “electronic signature” stating the new Independent Subscriber Affiliate Member has accepted the terms and conditions of the Agreement. Please note that such electronic signature constitutes a legally binding agreement between the you and the Company. Providing false or misleading information, or forging signatures or alterations on such agreement (or on the associated registration forms) is strictly prohibited. 

2.3 – ISA Benefits 

Once an Independent Subscriber Affiliate Member Agreement has been accepted by KOGI, the benefits of the Financial Rewards Plan and the Agreement are available to you. These benefits include the right to: 

1.        Promote KOGI community services;
2.        Participate in the Company Rewards Compensation Plan (receive bonuses and commissions, if eligible);
3.        Sponsor other individuals as subscriber partners (“Customers”) or ISA’s into the KOGI business and thereby build an organization and progress through KOGI Rewards Compensation Plan;
4.        Receive periodic Company literature and other corporate communications;
5.         Participate in KOGI-sponsored support community builders service education, inspirational forums, and recognition functions; and
6.         Participate in promotional and incentive offers, and programs sponsored by KOGI exclusively for its affiliate community builders.

2.4 – Terms and Renewal of a KOGI Business 

An ISA must renew their Affiliate Subscription by submitting a monthly renewal fee. This payment is due on the anniversary of the ISA’s enrollment date. If you allow your business to expire due to nonpayment of the renewal fee, you will lose any and all rights to your downline organization unless you re-activate within sixty (60) days following the expiration of your Agreement. 

Any ISA whose agreement has expired and lapsed the 21-day grace period is not eligible to reapply for a KOGI business rewards for six (6) months following the expiration of the Agreement. 

Any ISA terminated by KOGI whether voluntary or involuntary may not reapply to do business for six (6) months from their termination date.

SECTION 3 – WEALTH BUILDERS (REVENUE) DISCLAIMER POLICY
 

3.1 – Due Diligence 

Company makes no guarantees, warranties, or representations as to the extent by which KOGI’s services may affect your own independent efforts.

All ISAs understand and agree that the Company is not liable for any loss suffered in the facilitation, conduct and oversight of the KOGI community services.

 

3.2 – Income Disclaimer 

In an effort to conduct best business practices, KOGI has developed the wealth building sharing disclaimer (“Income Disclaimer”). The KOGI Wealth Building Disclaimer is designed to convey truthful, timely, and comprehensive information regarding the revenue that ISAs may receive. In order to accomplish this objective, a copy of the wealth building (sharing) Disclaimer must be presented to all prospective ISAs.
 

A copy of the wealth building Revenue Disclaimer must be presented to a prospective ISA (someone who is not a party to a current KOGI ISA Application & Agreement) anytime the Rewards Compensation Plan is presented or discussed, or any type of revenue claim or wealth sharing representation is made. 

The terms “revenue claim” and/or “wealth sharing earnings representation” (collectively “income claim”) includes any of the following: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one ISA community builder earned over a million dollars last year” or “Our average community Independent Subscriber Affiliate Member makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking ISA Community Members is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.” 

In any meeting that is open to the public in which the community Wealth Building Rewards Plan is discussed or any type of revenue sharing claim is made, you must provide every prospective ISA with a copy of the Wealth Sharing Revenue Disclaimer. Copies of the Income Disclaimer may be printed or downloaded without charge from the KOGI website, We have to edit this with a new email.

SECTION 4 – ADVERTISING
 

4.1 – Adherence to the KOGI Wealth Building Plan 

ISAs must adhere to the terms of the KOGI Wealth Building Rewards Plan as set forth in Official Organizations Materials. ISAs shall not offer the KOGI community opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official KOGI Materials. ISAs shall not require or encourage other current or prospective Community Customers or ISAs to participate in KOGI in any manner that varies from the program as set forth in Official Company Materials. ISAs shall not require or encourage other current or prospective Community Customers or ISAs to execute any agreement or contract other than official Company agreements and contracts in order to become an ISAs of KOGI. Similarly, ISAs shall not require or encourage other current or prospective Customers or ISAs to make any purchase from, or payment to, any individual or other entity to participate in the KOGI Wealth Building Rewards Plan other than those purchases or payments identified as recommended or required in Official Company Materials. 

4.2 – Use of Sales Aids 

To promote both the community services and the opportunity KOGI offers, ISAs must use the marketing aids and support materials produced by KOGI. If ISAs develop their own marketing aids and promotional materials (which includes Internet advertising), notwithstanding any good intentions, they may unintentionally violate any number of statutes or regulations affecting a KOGI organization business. These violations, although they may be relatively few in number, could jeopardize the KOGI community builder’s opportunity for all. Accordingly, ISAs must submit all written marketing aids, promotional materials, advertisements, websites and other literature to KOGI for KOGI’s approval prior to use. Unless the ISA receives specific written approval to use the material, the request shall be deemed denied. All ISAs shall safeguard and promote the good reputation of KOGI ministry and its services. The marketing and promotion of KOGI, the KOGI community builder’s opportunity, the Wealth Sharing Plan, and KOGI services shall be consistent with the Christian community’s public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. 

4.3 – Intellectual Property 

KOGI will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including KOGI ISAs, without prior written authorization from KOGI. Furthermore, no ISA may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another ISA without prior written consent from the named ISA. This consent must be on file with KOGI Compliance Department prior to any use. 

4.4 – Web Policy 

If an ISA desires to utilize an Internet web page to promote his or her business, he or she may do so through KOGI authorized services only.

 

1.        General

It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead community Customers or potential ISAs in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are an authorized representative for KOGI, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official KOGI Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. KOGI will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.

 

1.        Domain Names, email Addresses and Online Aliases

You cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of KOGI by showing up as the sender of an email.

 

Examples of the improper use include but are not limited to:

KOGI@msn.com; www.KogiDirect.com; www.facebook.com/Kogi or derivatives as described herein.

 

Examplesof permitted URLs, email addresses, and online aliases might appear as follows: facebook.com/iloveKOGI; JohnJacobs@KingdomofgodIndependentAffiliate.net.

 

Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of KOGI. If you have a question whether your chosen name is acceptable, you may submit it to the KOGI Compliance Department for review before use.

 

1.        Approved ISA Affiliate Access

The term Independent Subscriber Affiliate refers to the ISA platform offered by KOGI or an approved vendor. The term Social Media refers to any site that is not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, Twitter.com, YouTube.com, personal blogs or other personal websites.

 

1.        Online Classifieds

You may not use online classifieds (including Craigslist) to list, sell or promote specific KOGI services. You may use online classifieds (including Craigslist) for sharing, inviting, sponsoring, and informing the Christian Community about the KOGI marketing opportunity provided you follow the other requirements of this agreement such as identifying yourself as an ISA of KOGI, only using approved images and versions of any trademarked logos and without using fraudulent or misleading product or income claims. If a link or URL is provided, it must link to your ISA Website or your Social Media Website.

 

1.         Online Retailing

In the future approved ISA businesses/Vendors Agreements for our online shopping website are intended to provide an ISA with the tools and means for generating leads, prospecting business, communicating with others, selling services, and otherwise advancing your KOGI ministry affairs. You may not sell KOGI services on any other online retail store or ecommerce site, nor may you enlist or knowingly allow a third-party to sell KOGI services on any online retail store or ecommerce site. 

 

Social Media Websites such as Facebook may also be used to promote your KOGI ministry affairs / business. You must use approved KOGI links for your ISA community building sales and order processing. All online sales of KOGI services must take place and be produced through the ISA websites (or Corporate site).

 

1.         Banner Advertising

You may place banner advertisements on a website provided you use KOGI-approved templates and images. All banner advertisements must link to your Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with KOGI services or the KOGI sales opportunity.

 

1.        Spam Linking

Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books etc. must be unique, informative and relevant.

 

1.        Social Networking Sites

You may use social networking websites (Facebook, LinkedIn, blogs, forums and other social shared interest sites) to share information about the KOGI, mission and rewards/sales opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific KOGI services. 

 

Profiles you generate in any social community where you mention or discuss KOGI must clearly identify you as an ISA of KOGI and must appear as described herein. When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at the Company’s sole discretion, and offending ISAs will be subject to disciplinary action and/or termination.

 

You agree that you will immediately take down a non-compliant site at the request of KOGI. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.

 

1. I.          Sponsored Links / Pay-Per-Click (PPC) Ads

Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to your ISA Website. The display URL must also be to your ISA Website and must not portray any URL that could lead the user to assume they are being led to a KOGI Corporate site, or be inappropriate or misleading in any way.

 

1.         External Websites

You are allowed external websites to promote your KOGI business and the KOGI opportunity. If you wish to use an external website you must do the following: 

a.) Identify yourself as an Independent Subscriber Affiliate or ISA for KOGI.

b.) Use only the approved images and wording authorized by KOGI.

c.) Adhere to the branding, trademark, and image usage policies described in this document.

d.) Agree to modify your website to comply with current or future KOGI policies.

 

You are solely responsible and liable for your own website content, messaging, claims, and information and must ensure your website appropriately represents and enhances the KOGI brand and adheres to all Company guidelines and policies. Additionally, your website must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at KOGIs sole discretion. You are encouraged to use the approved KOGI images that are available through the business suite.

 

1.        KOGI ISA Image Mandate

When using a Social Media Website or external website it must contain: 

a.) A KOGI Independent Subscriber Affiliate Logo from the approved templates.

b.) Your Name and Title (example: Jimmy Walker, Independent Subscriber Affiliate, KOGI).

c.) A link to your ISA identity.

 

Although KOGI brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an ISA Website, and not a KOGI Corporate page.

 

4.5 – Advertised Price 

You may not advertise any of KOGI services at a price LESS than the highest KOGI published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.

 

4.6 – Generic Business Advertisements 

If you advertise via newspaper or other advertising venues, the following rules apply: 

1. No advertisement may imply that a job, position, salary, or any type of employment is allowed.
2. No advertisement may promote, represent, or imply salaried positions, management positions, hourly wages, full or part-time employment, or guaranteed incomes. The KOGI opportunity is not a job, and may not be presented as such. Terms such as “manager trainee,” “management positions available,” “travel provided,” “call for interview,” “positions available,” “now hiring,” and other misleading statements are not allowed.
3. No specific income can be promised or implied, and any references to compensation must use the words “reward bonus commissions” to indicate the independent contractor status of ISAs.
4. Advertisements may not contain references to KOGI or its services and may not use any of the Company’s trademarks or tradenames.

Any requests for variances from the above rules must be submitted to KOGI and approved in writing prior to publication. Please direct any inquiries to the Company Compliance Department. 

4.7 – Media and Media Inquiries 

Both members and ISAs must not initiate any interaction with the media or attempt to respond to media inquiries regarding KOGI, its services, or their independent KOGI business. All inquiries by any type of media must be immediately referred to KOGI’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image. 

4.8 – Unsolicited Email and Fax Communication 

KOGI does not permit ISAs to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an ISA that promotes KOGI, the KOGI sales opportunity, or its services, must comply with the following: 

1.        There must be a functioning return email address to the sender.
2.        There must be a notice in the email that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
3.        The email must include the ISA’s physical mailing address.
4.        The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
5.         The use of deceptive subject lines and/or false header information is prohibited.
6.         All opt-out requests, whether received by email or regular mail, must be honored. If an ISA receives an opt-out request from a recipient of an email, the ISA must forward the opt-out request to the Company. KOGI may periodically send commercial emails on behalf of ISAs. By entering into the Agreement, ISA agrees that the Company may send such emails and that the ISA’s physical and email addresses will be included in such emails as outlined above. ISAs shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, ISAs may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their KOGI businesses.

SECTION 5 – OPERATING A KOGI BUSINESS. 

5.1 – Business Entities 

A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be an ISA of KOGI by submitting an ISA Application & Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”). A KOGI business may change its status under the same Sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. To do so, the ISA(s) must provide the Entity Documents to the Company. The ISA Application must be signed by all of the partners or trustees. Members of the entity are jointly and severally liable or any indebtedness or other obligation to KOGI. 

   5.1.1 – Changes to a Business Entity 

Each ISA must immediately notify the Organization of any changes to the type of business entity they utilize in operating their KOGI business, and the addition or removal of business associates. A KOGI business may change its status under the same sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. The Independent Subscriber Affiliate Agreement form must be signed by all of the partners, or trustees. Members of the nonprofit entity are jointly and severally liable for any indebtedness or other obligation to KOGI.

 

5.2 – Unauthorized Claims and Action 

   5.2.1 – Indemnification 

An ISA is fully responsible for all of his or her verbal and/or written statements made regarding KOGI services and the Compensation Plan, which are not expressly contained in Official KOGI Materials. ISAs agree to indemnify KOGI and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by KOGI as a result of the ISA’s unauthorized representations or actions. This provision shall survive the cancellation of the Independent Subscriber Affiliate Agreement. 

   5.2.2 – Endorsements of KOGI Services 

No claims as to any services offered by KOGI may be made except those contained in Official Company Materials. 

5.3 – Conflicts 

   5.3.1 – Non-solicitations 

KOGI ISAs are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the term of this Agreement, ISAs may not directly or indirectly recruit other KOGI Subscriber Customers / ISAs other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of the Agreement, and for a period of one (1) calendar year thereafter, with the exception of an ISA who is personally sponsored by the former ISA, a former ISA may not recruit any KOGI Customer / ISA for another Network Marketing business. 

   5.3.2 – Sale of Competing Goods or Services 

During this agreement and for six (6) months thereafter, ISAs must not sell, or attempt to sell, any competing non- KOGI programs to KOGI Subscriber Customers / ISAs. Furthermore, an ISA may not bundle KOGI’s services with any other services not explicitly offered by KOGI. Any program, product, service, or direct selling opportunity in the same generic categories as KOGI are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.

   5.3.3 – Targeting Other Direct Sellers 

Should ISAs engage in solicitation and/or enticement of members of another direct sales company to sell or distribute KOGI services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an ISA alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, KOGI will not pay any of ISA’s defense costs or legal fees, nor will Kingdom of God International KOGI indemnify the ISAs for any judgment, award, or settlement. 

   5.3.4 – Privacy and Confidentiality 

All ISAs are required to abide by the Company’s Privacy Policy with regard to Subscriber Customer/ISA information. 

   5.3.5 – The Data Management Rule 

The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all ISAs, as well as KOGI. LOS information is information compiled by KOGI that discloses or relates to all or part of the specific arrangement of sponsorship within the KOGI business, including, without limitation, ISA lists, sponsorship trees, and all ISA information generated therefrom, in its present and future forms. Through this Rule, ISAs are granted a personal, non-exclusive, non-transferable and revocable right by KOGI to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. KOGI reserves the right to deny or revoke this right, upon reasonable notice to the ISA stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of KOGI, such is necessary to protect the confidentiality or value of Proprietary Information. All ISAs shall maintain Proprietary Information in strictest confidence and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof. 

5.4 – Cross Sponsoring 

Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current Independent Subscriber Affiliate Agreement on file with KOGI, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. Unethical sponsoring which includes, but is not limited to, enticing, bidding, or engaging in unhealthy competition by attempting to acquire a prospect away from another ISA is strictly prohibited. Additionally, attempting to influence another ISA to transfer to a different sponsor is strictly prohibited unless said ISA has been inactive for six (6) months as per our policies and procedures. 

The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy are prohibited. This policy shall not prohibit the transfer of a KOGI business in accordance with the “Sale, Transfer or Assignment of KOGI Business” section of these Policies and Procedures.

5.5 – Governmental Approval or Endorsement 

Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, ISAs shall not represent or imply that KOGI or its Rewards Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency. 

5.6 – Identification 

All ISAs are required to provide their Social Security Number, for Businesses a Federal Employer Identification Number, or their Government Issued ID Number to KOGI either on the Independent Subscriber Affiliate Agreement or at KOGI’s request. Upon enrollment, KOGI will provide a unique ISA Identification Number to the ISA by which they will be identified. This number will be used to place orders and track reward bonus commissions and bonuses.

 

5.7 – Income Taxes

Every year, KOGI will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each ISA is responsible for paying local, state and federal taxes on any income generated as a distributor. If a KOGI business is tax exempt, the Federal Tax Identification Number must be provided to the Company. Any ISA that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their reward bonus commissions and bonus will be withheld and submitted to the IRS. Also note that whichever payment gateway Kogi uses may provide the 1099 form for members.

5.8 – Independent Contractor Status 

You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an independent distributor of the KOGI. You have no authority to bind KOGI to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent KOGI Business or the acquisition, receipt, holding, selling, distributing or advertising of KOGI’s services and the sales opportunity. 

ISAs may not answer the telephone by saying “KOGI,” “KOGI Non-Profit,” or by any other manner that would lead the caller to believe that they have reached the Corporate offices. An ISA may only represent that he/she is a KOGI ISA. Therefore, all correspondence and business cards relating to or in connection with an ISA’s business shall contain the person’s name followed by the term “Independent Subscriber Affiliate”.

 

5.9 – Stacking 

Stacking is the unauthorized manipulation of the KOGI compensation system and/or the affiliate marketing plan in order to trigger reward bonus commissions or cause a promotion off a fellow ISA in an unearned manner.

 

5.10 – One KOGI Business Per Independent Subscriber Affiliate 

An ISA may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one KOGI business. No individual may have, operate or receive compensation from more than one KOGI business. Individuals of the same family unit may each enter into or have an interest in their own separate KOGI businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.

5.11 – Succession 

Upon the death or incapacitation of an ISA, their business may be passed to a designated heir(s). Appropriate legal documentation must be submitted to KOGI to ensure the transfer is proper. Whenever a KOGI business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all reward bonus commissions of the deceased ISA’s marketing organization provided the following qualifications are met. The successor(s) must: 

• Execute an ISA Application & Agreement;
• Comply with terms and provisions of the Agreement;
• Meet all of the qualifications for the deceased ISA’s rank/status;
• Provide the Company with an “address of record” to which all bonus and commission checks will be sent.

Commission checks of a KOGI business transferred pursuant to this section will be paid in a single check jointly to the successor(s).

 

• Form a business entity and acquire a federal Taxpayer Identification Number, if the business is bequeathed to joint successors. The Company will issue all bonus and commission checks and one 1099 to the business entity.

5.12 – Sale, Transfer, or Assignment of a KOGI Business 

Although a KOGI business is a privately owned, independently operated business, the sale, transfer or assignment of a KOGI business is subject to certain limitations. If an ISA wishes to sell their KOGI business, the following criteria must be met: 

1.        Protection of the existing line of sponsorship must always be maintained so that the KOGI business continues to be operated in that line of sponsorship;
2.        The buyer or transferee must become a qualified KOGI ISA. If the buyer is an active KOGI ISA, they must first terminate their KOGI business and wait six (6) calendar months before acquiring any interest in the new KOGI business;
3.        Before the sale, transfer, or assignment can be finalized and approved by KOGI, any debt obligations the selling ISA has with KOGI must be satisfied; and
4.        The selling ISA must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer, or assign a KOGI business.

Prior to selling a KOGI business, the selling ISA must notify KOGI’s Compliance Department of their intent to sell the KOGI business. No changes in line of sponsorship can result from the sale or transfer of a KOGI business. An ISA may not sell, transfer, or assign portions of their business—the position must be sold in its entirety. 

5.13 – Separation of a KOGI Business 

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

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

1.        One of the parties may, with consent of the other(s), operate the KOGI business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize KOGI to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
2.        The parties may continue to operate the KOGI business jointly on a “business-as-usual” basis, whereupon all compensation paid by KOGI will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above. KOGI will never remove a party to a position from an ISA account without that party’s written permission and signature. Under no circumstances will the subscriber downline organization of divorcing spouses or a dissolving business entity be divided. Under no circumstances will the Company split commission and bonus checks between divorcing spouses or members of dissolving entities. The Company will recognize only one subscriber downline organization and will issue only one commission check per KOGI business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of reward bonus commissions and ownership of the business in a timely fashion as determined by KOGI, the Independent Subscriber Affiliate Agreement shall be involuntarily cancelled. If a former spouse has completely relinquished all rights in the original KOGI business pursuant to a divorce, they are thereafter free to enroll under any sponsor of their choosing without waiting six (6) calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an ISA. In either case, however, the former spouse or business affiliate shall have no rights to any ISAs in their former organization or to any former customer. They must develop the new business in the same manner as would any other new ISA.

5.14 – Sponsoring 

All Active (as defined in the KOGI Compensation Plan) ISAs in good standing have the right to sponsor and enroll others into KOGI. Each prospective Client or ISA has the ultimate right to choose his or her own Sponsor. The sponsor of an account cannot be changed once registration is complete. It is the responsibility of the sponsor to ensure that he/she has provided the correct referral information and is operating according to KOGI’s Policies and Procedures and ISA Agreement. Additionally, it is the responsibility of both the sponsor and the enrolling participant to ensure that the participant is enrolling with the correct sponsorship details.

5.15 – Genealogy Placement 

When a new Client and/or ISA registers, they will be automatically placed in the sponsor’s holding tank. The sponsor has seven (7) days to place the new participant into the genealogy, or the system will automatically place the new participant in the next available open position in the genealogy. All genealogy placements are final, and it is the sole responsibility of the sponsor to ensure correct placement of all direct referrals. 

5.16 – Harassment 

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

 

5.16 – Religious Liberty & Rights

 

Principles of Religious Liberty

 

Religious liberty is a foundational principle of enduring importance in America, enshrined in our Constitution and other sources of federal law. As James Madison explained in his Memorial and Remonstrance Against Religious Assessments, the free exercise of religion “is in its nature an unalienable right” because the duty owed to one’s Creator “is precedent, both in order of time and in degree of obligation, to the claims of Civil Society.” ^[1^] Religious liberty is not merely a right to personal religious beliefs or even to worship in a sacred place. It also encompasses religious observance and practice. Except in the narrowest circumstances, no one should be forced to choose between living out his or her faith and complying with the law.

 

Therefore, to the greatest extent practicable and permitted by law, religious observance and practice should be reasonably accommodated in all government activity, including employment, contracting, and programming.

SECTION 6 – RESPONSIBILITIES OF AN INDEPENDENT SUBSCRIBER AFFILIATE

 

6.1 – Change of Address, Telephone, Email-Address 

To ensure timely communications, delivery of support materials and commission checks, it is critically important that the KOGI files are current. ISAs planning to move or change their email address must submit an amended Independent Subscriber Affiliate Agreement complete with the new information. 

6.2 – Sponsoring ISA Responsibilities 

   6.2.1 – Initial Training 

Any ISA who sponsors another ISA into KOGI must perform a bona fide assistance and training function to ensure that their new community builders is properly operating their KOGI business. ISAs must provide the most current version of the Policies and Procedures, the Income Disclaimer Statement, and Reward Compensation Plan to individuals whom they are sponsoring to become ISAs before the applicant signs an ISA Application & Agreement. 

   6.2.2 – Ongoing Training Responsibilities 

ISAs must monitor the new ISAs in their group to ensure that new community builders do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every ISA should be able to provide documented evidence to KOGI of their ongoing fulfilment of the responsibilities of a Sponsor. 

6.3 – Non-Disparagement 

ISAs must not disparage, demean, or make negative remarks about KOGI, other ISAs, KOGI’s services, the Compensation Plan, or the Company’s owners, board members, directors, officers, or employees. 

6.4 – Reporting Policy Violations

ISAs observing a Policy violation by another ISA should submit a written report of the violation directly to the attention of the KOGI Compliance Department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential. Upon receipt of the written report of the violation, the KOGI Compliance Department will open up an investigation. Due to the unique nature of each situation, the determination of the appropriate remedy by the Company Compliance Department will vary case by case as will the length of time required for resolution.  

SECTION 7 – ORDERS AND TRANSACTIONS
 

7.1 – General Order Policies 

KOGI strictly requires that ISA’s and Clients use their own credit or debit cards for any and all purchases made through KOGI. ISA’s and Clients may not use a credit or debit card with a cardholder name that does not match their account information as provided during registration unless written consent has been obtained prior from KOGI (support@kogi.life).

 

7.2 – Subscription Billing 

The program is automatically renewed each month with a credit or debit card maintained on file with KOGI. The subscription billing cycle is four (4) weeks, which is exactly 28 days. The ISA or Client may view their next billing date at any time in the back office of the KOGI website. Cancellation of any subscriptions must be done by submitting written notice to KOGI via support@kogi.life and then following the procedures provided.     

7.3 – Refund Policy                                                                                                           

KOGI’s Refund & Cancellation policies are provided and detailed. When a refund is requested, the reward bonuses attributable to the refunded service will be deducted from the ISA who received reward bonuses on such subscription sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the commission is recovered. 

7.4 – Charge Backs 

If an ISA and/or Client believes that an erroneous charge has been made to his/her debit or credit card, he/she should immediately contact KOGI atsupport@kogi.lifeto initiate an investigation and a resolution. Under no circumstances will any ISA and/or Client charge back or dispute a previously submitted subscription payment. If an ISA and/or Client notifies his/her banking institution and requests a charge back for a previously submitted subscription payment with KOGI, any and all associated accounts for that ISA and/or Client will be immediately and indefinitely terminated upon KOGI’s notification of such actions.

SECTION 8 – REWARD BONUS

 

8.1 – Affiliate Commission Qualifications 

In order to qualify to receive reward bonuses, an ISA must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An ISA will qualify to receive reward bonuses so long as he/she meets all qualifications pursuant to the KOGI Compensation Plan (for more information, please see that document). ISAs are responsible for providing required subscription payout information in a timely manner or they risk forfeiting their reward commissions. Any commissions that are unclaimed after 31 days are automatically forfeited.  

8.2 – Errors or Questions 

If an ISA has questions about or believes any errors have been made regarding reward bonuses, Subscriber Activity Reports, or charges, the ISA must notify KOGI in writing within thirty (30) days of the date of the purported error or incident in question. KOGI will not be responsible for any errors, omissions, or problems not reported within 30 days.

 

8.3 –Reward Bonus Buying Prohibited 

Subscriber Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Customer/ISA; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Customers/ISAs (“phantoms”); (d) purchasing KOGI services on behalf of another Customer/ISA is not an option.  

8.4 – Reports

All information provided by KOGI, including but not limited to personal reward bonuses (or any part thereof), and subscriber’s sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments, an ISA whose Agreement is cancelled shall receive reward bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).

 

SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
 

9.1 – Disciplinary Sanctions 

Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an ISA that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the ISA’s KOGI business), may result, at KOGI’s discretion, in one or more of the following corrective measures: 

• Issuance of a written warning or admonition;
• Requiring the ISA to take immediate corrective measures;
• Imposition of a fine, which may be withheld from bonus and commission checks;
• Loss of rights to one or more bonus and commission checks;
• With holding from an ISA all or part of the ISA’s reward bonuses during the period that KOGI is investigating any conduct allegedly contrary to the Agreement. If an ISA’s business is cancelled for disciplinary reasons, the ISA will not be entitled to recover any reward bonus commissions withheld during the investigation period;
• Suspension of the individual’s ISA’s Agreement for one or more pay periods;
• Involuntary termination of the offender’s Independent Subscriber Affiliate Agreement;
• Any other measure expressly allowed within any provision of the Agreement or which KOGI deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the ISA’s policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of KOGI.

9.2 – Mediation 

Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorneys’ fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Los Angeles, California, and shall last no more than two (2) business days. 

9.3 – Arbitration 

If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ISAs waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Los Angeles, California. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. 

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.  

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

9.4 – Damages 

In any case which arises from or relates to the wrongful termination of the Agreement and/or an Independent Subscriber Affiliate’s KOGI business, KOGI and ISA agree that damages will be extremely difficult to ascertain. Therefore, KOGI and ISA stipulate that if the involuntary termination of the Agreement and/or loss of the Independent Subscriber Affiliate’s KOGI business is proven and held to be wrongful under any theory of law, the ISA’s sole remedy shall be liquidated damages calculated as follows: 

1. For Independent Subscriber Affiliates earning an average of more than $500 per month based on a six-month average, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the KOGI Compensation Plan in the twelve (12) months immediately preceding the termination.
2. For Independent Subscriber Affiliates earning an average of more than $2500 per month based on a six-month average, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the KOGI Compensation Plan in the twenty-four (24) months immediately preceding the termination.

In any action arising from or relating to the Agreement, the KOGI business, or the relationship between the Company and ISA, both parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The Company and ISA further waive all claims to exemplary and punitive damages. 

9.5 – Governing Law, Jurisdiction, and Venue 

Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Los Angeles County, The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of California shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of California shall be entitled to bring an action against KOGI in their home forum and pursuant to Louisiana law.

SECTION 10 – EFFECT OF CANCELLATION
 

10.1 – Effect of Cancellation and Termination 

So long as an ISA remains active and complies with the terms of the Agreement and these Policies, KOGI shall pay reward bonuses to such ISA in accordance with the Compensation Plan. An ISA’s bonuses and commissions constitute the entire consideration for the ISA’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a subscriber downline organization). Following an ISA’s non-continuation of his or her Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Agreement (all of these methods are collectively referred to as “Cancellation”), the former ISA shall have no right, title, claim or interest to the subscriber downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. ISAs waive any and all rights, including, but not limited to, property rights, in the subscriber downline which they may have had. Following an ISA’s cancellation of his or her Agreement, the former ISA shall not hold him or herself out as a KOGI ISA and shall not have the right to sell KOGI services. An ISA whose Agreement is cancelled shall receive reward bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).

10.2 – Non-Renewal

An ISA may also voluntarily cancel their Independent Subscriber Affiliate Agreement by failing to pay the renewal fee. ISAs have a 60-day grace period to get back into compliance for failure to pay the administrative fee.

 

10.3 – Voluntary Termination 

A KOGI participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to KOGI at its Customer Support email address. The written notice must include the ISA’s signature, printed name, address, and ISA ID Number. 

10.4 – Involuntary Termination 

KOGI reserves the right to terminate a user’s account at any time for, but not limited to, violating KOGI Terms, Conditions, ISA Agreement, Policies, or Procedures. Additionally, KOGI reserves the right to terminate a user’s account at any time for violating any applicable law, ordinance, or regulation regarding the KOGI business. KOGI will notify a user via written, electronic mail with a notice of an intent to terminate an account when applicable which will include the reasons for termination.

 

SECTION 11 – DEFINITIONS
                          

AGREEMENT: The contract between KOGI and each ISA, which includes: the Independent Subscriber Affiliate Application & Agreement, the KOGI Policies and Procedures, and the KOGI Compensation Plan, all in their current form and as amended by KOGI in its sole discretion. These documents are collectively referred to as the “Agreement.” 

CANCEL: The termination of an ISA’s business. Cancellation may be either voluntary, involuntary, or through non-renewal. 

COMPENSATION PLAN: The guidelines and referenced literature for describing how ISAs can generate reward bonuses. 

CUSTOMER A: A Customer who freely subscribes to KOGI services and chooses not to engage in building the community via marketing or selling the subscriber service is not required to. 

CUSTOMER B: A Customer who freely subscribes by purchasing KOGI services and engages in marketing or selling the service will be rewarded as expected.

 

INDEPENDENT SUBSCRIBER AFFILIATE (ISA): An individual who purchases subscriber membership product, generates sales and business building commissions. 

LINE OF SPONSORSHIP (LOS): A report generated by KOGI that provides critical data relating to the identities of ISAs, reward bonus information, and enrollment activity of each ISA’s organization. This report contains confidential information which is proprietary to KOGI. 

ORGANIZATION: The Subscriber Customers and ISAs placed below a particular Independent Subscriber Affiliate. 

OFFICIAL COMPANY MATERIALS: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by KOGI to its ISAs. 

PLACEMENT: Your position inside your Sponsor’s organization. 

RECRUIT: For purposes of KOGI’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another KOGI Customer or ISA to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity. 

SPONSOR: An ISA who enrolls a Customer or another ISA into KOGI, and is listed as the Sponsor on the Independent Subscriber Affiliate Agreement. The act of enrolling others and training them to become ISAs is called “sponsoring.” 

UPLINE: This term refers to the ISA(s) above a particular ISA in a sponsorship line up to the KOGI. It is the line of sponsors that links any particular ISA to the Company.

 

PRIVACY POLICY

KOGI (“KOGI”, “We”, or “Us”) recognizes and values the importance of privacy. We want you as a visitor to our website (“Website”) to feel confident using our products and services, and this privacy policy notice (“Notice”) is to help you better understand how we collect, use, and disclose your information.

 

This Policy describes the following:

What information we collect and how it is collected;

How we use your information;

With whom we may share your information with;

Your rights and choices;

Security and storage of the information;

Third party websites;

Transfer of your information;

Do Not Track

Children and privacy

Contact information and changes to this notice

 

INFORMATION WE COLLECT

 

We collect information about you directly from you and automatically through your use of our Website. We may combine information automatically collected with other information that we have collected about you including from publicly available sources. How We collect and process this information is as follows:

 

1. Information You (and others) Give Us

We collect information you (and others) give us when using this Website. As examples:

When you register an account with us, you provide us with personally identifiable information like name, email address, phone number, username and password, etc. Moreover, you have the ability to add information to your profile after registration.

If you buy something through our Website, we may collect information on this transaction, such as payment information, purchase activity, and shipping/contact details.

Occasionally, you may voluntarily provide information to us to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we’re providing accurate disclosures. We may also use your information to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the Site.

From time to time, we may collect personal information about you from third party sources which we will use for our business purposes (for example, in order to better serve you with content or promotions). However, we will only use this information where these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

1. Information Collected Automatically

When you visit our Website, We may collect certain user information automatically from your device. In some territories, including California and countries in the European Economic Area, this information may be considered personal data or personally identifiable information under applicable data protection laws.

More broadly speaking, the user information We collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect user information about how your device has interacted with our Website, including the pages accessed and links clicked.

Like many websites, we use Cookies, web beacons and other technologies to receive and store certain types of information when you interact with us through your device. Using these technologies helps us customize your experience with our Website, improve your experience, and tailor marketing messages. Specific types of information we may automatically collect includes:

Log & Device data. Information about your interactions with our Website, which may include log data like your web address you came from or are going to, your device model, operating system, browser type, unique device identifier, Internet Protocol (“IP”) address, mobile network carrier, and time zone or location. Whether We collect some or all of this information often depends on what type of device you’re using and its settings.

Cookie data. Depending on how you’re accessing our Website, We may use “Cookies” (a small text file sent by your computer each time you visit our Website, or similar technologies to record log data. When We use Cookies, we may use ‘session’ Cookies (that last until you close your browser) or ‘persistent’ Cookies (that last until you or your browser deletes them). For example, we may use Cookies to keep you logged into the Website. Some of the Cookies We use are associated with your registered account (including personal information about you, such as the email address you gave us), and other Cookies are not.

Other Web Site Analytics Services. We also may use third party service providers to provide certain analytics and Viewer interactions services in connection with our operation of our Website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to the Website.

Collecting this information automatically enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our business purposes, including internal analytics purposes and to improve the quality and relevance of our Website to our visitors.

Please note that nothing in this Notice addresses, or should be read to limit or restrict, how we collect, use or process anonymous, de-identified, or aggregate information.

 

HOW WE USE YOUR INFORMATION

We may use information that we collect about you, including personal information, to:

Provide the Features of the Website and Products & Services You Request. We will use your information to provide our Website to you; including managing your account; responding to your inquiries; and for other customer service and support purposes. We use the payment information you provide to us in order to alert you of past, current, and upcoming charges, to allow us to present the billing history to you on your billing page in the Website, and to perform internal financial processes, such as looking at the status of a credit card charge. In the event of a credit card dispute, we also share account information with your bank to verify the legitimacy of a charge.

To Communicate Our Products, Services, Events and for Other Promotional Purposes. If you have an account with us (or have placed an order with us), we may use the contact details you provided to send you marketing communications, where permitted by applicable law. We may use the information that you provide to us to personalize communications and advertisements regarding our products and services that may be of interest to you.

To Operate, Improve and Maintain our Business, Products and Services. We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Website.

Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including complying with requests from law enforcement or other governmental authorities, or in legal proceedings involving KOGI.

Other. We also may use your information to manage our business or perform functions as otherwise described to you at the time of collection subject to your consent.

 

WITH WHOM WE MAY SHARE YOUR INFORMATION WITH

We do not sell your information to any third parties, or disclose it in exchange for money or other valuable consideration. We do not share your personal information with others except as indicated within this Notice, or when we inform you and give you an opportunity to opt-out of having your personal information shared.

We may share information we collect about you, including personal information, in the following ways:

With third party service providers, agents, contractors, or government entities.

We use other companies, agents or contractors (“Service Providers”) to perform services on our behalf or to assist us with providing services to you.

We may engage Service Providers to process credit card transactions or other payment methods. We may also engage Service Providers to provide services such as monitoring and developing this Website and our Products/Services; aiding in communications, infrastructure and IT services; customer service; and analyzing and enhancing data. These Service Providers may have access to your personal or other information in order to provide these functions. In addition, some of the above-listed types of information that we request may be collected by third party providers on our behalf.

We may share information with Service Providers and government entities for legal, security, and safety purposes. This includes sharing information in order to enforce policies or contracts, address security breaches, and assist in the investigation of fraud, security issues, or other concerns.

We require Service Providers to agree to take reasonable steps to keep the personal information that we provide to them secure. We do not authorize them to use or disclose your personal information except in connection with providing their services.

 

YOUR RIGHTS AND CHOICES

In certain circumstances, local data protection laws (such as the Global Data Protection Regulation or California Consumer Privacy Act) may give you rights with respect to personal information if you are located in or are a resident of that country, state, or territory (including if you are located in the EU/EEA).

 

IMPORTANT: WE ARE ONLY REQUIRED TO HONOR RIGHTS TO THE EXTENT THAT THESE RIGHTS HAVE BEEN GRANTED TO YOU AND APPLY TO YOU UNDER APPLICABLE DATA PROTECTION LAWS. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHEN ACCESS TO THESE RIGHTS ARE LIMITED

 

1. What Rights May Be Available to You

These rights differ based upon local data protection laws in your country, state, or territory, but these rights may include one or more of the following:

Access to Personal Information. You may have the right to obtain confirmation from us that we process your personal information and, if so, you may have the right to request access to your personal information.

Rectification. You may have the right to request that we rectify inaccurate personal information concerning you and, depending on the purposes of the processing, you may have the right to have incomplete personal information completed.

Erasure/Deletion. You may have the right to require us to erase some or all of the personal information concerning you.

Restriction of Processing. You may have the right to require us to restrict the further processing your personal information. In such cases, the respective information will be marked as restricted, and may only be processed by us for certain purposes.

Object. You may have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us, and we may be required to no longer process some or all of your personal information.

Data Portability. You may have the right to receive a copy of your personal information which you have provided to us, in a structured, commonly used, and machine-readable format, and you may have the right to transmit that personal information to another entity without hindrance from us.

Withdraw Consent. You may have the right to withdraw consent you have provided to us where we rely solely on your consent to process your personal information. You can always provide your consent to us again at a later time.

California Resident. If you are a California resident, California Civil Code Section 1798.83 may permit you the right to request information regarding the disclosure of personal information about you by us to third parties for the third parties’ direct marketing purposes. Moreover, California residents are also directed to the section titled “Do Not Track” herein.

Nevada Resident. If you are a Nevada resident, Nevada residents may also have certain rights regarding the sale of personal information. Nevada residents may opt out of the future sale of their information to a third party so that they may license or sell information by emailing us at:support@kogi.org

 

SECURITY AND STORAGE OF INFORMATION

We take the security of your personal data very seriously. We work hard to protect the personal data that you provide from loss, misuse, and unauthorized access, or disclosure. Given the nature of communications and information processing technology, there is no guarantee that personal data will be absolutely safe from access, alteration, or destruction by a breach of any of our physical, technical, and managerial safeguards.

You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a unique and complex password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

We retain the personal data we collect for so long as is reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.

 

THIRD-PARTY WEBSITES

Our Website may contain links to third-party websites and applications. Any access to and use of such linked websites and applications is not governed by this Notice but instead is governed by the privacy policies of those third parties. We do not endorse these parties, their content, or any products and services they offer, and we do not endorse these parties, their content, or any products and services they offer, and we are not responsible for the information practices of such third-party websites or applications.

 

TRANSFER OF YOUR INFORMATION

This Website is based in the United States. Your information may be processed, transferred to, and maintained on, servers and databases located within the U.S. and elsewhere where the privacy laws may not be as protective as your jurisdiction. We reserve the right to transfer your information to and from any state, province, country or other governmental jurisdiction. Your consent to this Notice followed by your submission or our collection of such information represents your agreement to any such transfer.

DO NOT TRACK

Web browsers can transmit “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual’s online activities over time and across third party websites or online services.

Currently, no universally accepted standard exists for how to interpret such signals, although work to create consensus is ongoing. Therefore, we do not currently respond to, or take any action with respect to web browser Do Not Track.

CHILDREN AND PRIVACY

KOGI is not directed to children under eighteen (18) years of age and we do not knowingly collect personal information from children under 18. If we discover that a child under 18 has provided us with personal information, we will promptly delete such personal information from our systems. You may learn more about protecting children’s privacy online by visiting: https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy

 

CONTACT INFORMATION & CHANGES TO THIS NOTICE

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us atsupport@kogi.life

This Notice is current as of the Effective Date set forth above. We reserve the right to amend this Notice at our discretion and at any time and will notify you of such amendment(s) on our homepage. Please note that if you continue to visit and use this Website after those changes are in effect, you agree to the revised Notice.

 

WEALTH SHARING DISCLAIMER

Top of Form

We do not guarantee that anyone will make money or profit from the use of our subscriptions, products, services, methods, ideas, information, suggestions, website or any of the content provided through the KOGI platform. No example or demonstration of any kind is in any way a guarantee or promise that a member will profit or make any kind of capital gains. Profits and losses are completely dependent on the individual utilizing our website, methods, ideas, information, suggestions, products or services. All individuals (customers and affiliates/ISA’s) will make their own decisions within the market and will be held responsible for their own actions. Your level of success and ability to achieve financial goals is completely dependent on you. Many factors play a role in an individual’s success including, but not limited to, education, personality, capital, knowledge, environment, experiences, skills, time invested, and devotion. We do not guarantee any sort of success or financial gains and we do not take any responsibility for your actions or results. We, KOGI, send Investment Alerts which are simply shared research and ideas. All content provided by KOGI is for educational purposes only and should not be used as a recommendation for buying, selling, or holding making any financial investments. Any market opinions, evaluations, analyses, predictions, financial education, discussions, or other information contained within this website or any secondary extension of this site within the KOGI platform is provided as general market commentary only and does not constitute investment advice – note that this also includes our Investment Alerts which are simply shared ideas. The decision to take part in the investment ideas shared via our Member Alerts is completely up to you. KOGI will not accept liability for any loss or damage, including without limitation to, any loss of equity, which may arise directly or indirectly from use of or reliance on such information. You should not solely rely on the information presented via the KOGI community platform to make investment decisions. It is up to you to assume full responsibility for any investment decisions you decide upon. KOGI ISA Income Disclaimer:   The KOGI referral rewards bonus compensation program is an exciting opportunity that rewards you for selling services and for sponsoring other participants who do the same. Although the opportunity is unlimited, individual results will vary depending on commitment levels and sales skills of each participant (known as an “Independent Subscriber Affiliate”). Since KOGI has recently launched, it lacks enough statistical data to prepare reliable income disclosures. The numbers below reflect estimates prepared by KOGI pending a more detailed survey to be conducted after its first year. Based on industry standards and company projections, the average annual gross income for Independent Subscriber Affiliates is projected to be anywhere between $500 and $2,000. There will certainly be Independent Subscriber Affiliates who will earn less while others will earn much more. We’re excited about the KOGI Compensation Plan and we’re confident it will provide you a solid foundation to help you achieve your financial goals. If income projections were presented to you prior to your enrollment, such projections are not necessarily representative of the income, if any, that you can or will earn through your participation in the Compensation Plan. These income projections should not be considered as guarantees or projections of your actual earnings or profits. Ultimately, success with KOGI results only from hard work, dedication, and leadership.   REFUND POLICY Effective December 1, 2020   KOGI offers a three-day (72 hour), satisfaction guarantee on all initial fees paid to the KOGI. *All subsequent fees are nonrefundable. When purchasing a membership and/or a subscription with KOGI, you are required to certify that you have read, understood, and agreed to our cancellation policy, refund policy, terms & conditions, policies & procedures, etc. Upon purchase, you agree to pay for the chosen services on a four week (exactly 28 days), subscription-based billing cycle and for KOGI to charge your account for any purchased services as well as any additional fees that may be accrued by your purchase including, but not limited to, taxes, fees, etc. Prices for our services may change at any time, and the services do not provide price protection or refunds in the event that price is reduced, increased, or changed in any way. You are responsible for the timely payment of all costs and for providing KOGI with a valid payment method for all costs. Any and all transactions conducted are final. You may view your next billing date for any and all of your KOGI subscriptions at any time from your personal KOGI Back Office. You are responsible for cancelling your membership in a timely manner prior to your next billing date or at least 5 business days in advance if you are cancelling via written email notice. Previously completed payments are non-refundable unless applicable to our initial three-day satisfaction guarantee. *Due to the high rate of fraud and restrictions by our merchant processors, KOGI is unable to provide refunds to members located in 3rd world countries or internationally. METHODS OF CANCELLATION: Cancel Online You can login to your KOGI account and cancel your subscription without needing to contact your Independent Sales Representative or contacting KOGI. Note that you must use method 2 if you are requesting a refund per our refund policy. Cancel by Email Orders and Subscriptions may be cancelled by submitting a written notice at least five (5) business days prior to the next scheduled processing date. To cancel your account /subscription with KOGI, submit a cancellation request via email to support@kogi.life from the e-mail address on file for your account and include your username. If you are requesting a refund per our refund policy, please also include the transaction receipt sent to you via email by KOGI upon your initial registration. IMPORTANT CANCELLATION DISCLOSURE: If you elect to receive a refund from KOGI, you will not be eligible to re-register or have any purchasing activity with us for at least six (6) months from the date that your refund is initiated. KOGI’s services revolve around the release of intellectual property and often involve independent contractor commissions, so in effort to protect ourselves we strictly abide by our refund policy and do not make exceptions.