JonathanArrington
Distributor ID 100357
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Terms & Conditions

Real Rise Academy
Terms & Policies

  1. The Agreement. These Terms & Policies govern the relationship between you, as an Independent Real Rise Academy Distributor, and Real Rise Academy, Inc./LLC (hereafter “Real Rise Academy” or the “Company”). These Terms & Policies, together with the Real Rise Academy Compensation Plan, and the Real Rise Academy Business Entity Addendum (the Business Entity Addendum is only applicable to Distributors who enroll as a business entity) make up the Agreement between you and Real Rise Academy. Therefore, as used in this document, the term “Agreement” collectively refers to these Terms & Policies, the Real Rise Academy Compensation Plan, and the Real Rise Academy Business Entity Addendum, in their current form and as may be amended in the future at the Company’s discretion. Independent Distributors shall be referred to herein as “Distributors.” Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
  2. Independent Contractor Status. Distributors are independent contractors and not employees, partners, legal representatives, or franchisees of Real Rise Academy. Distributors are solely responsible for paying all expenses they incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. DISTRIBUTORS SHALL NOT BE TREATED AS A REAL RISE ACADEMY EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES. Real Rise Academy is not responsible for withholding and shall not withhold or deduct FICA, or taxes of any kind from Distributors’ compensation. Distributors are not entitled to workers compensation or unemployment security benefits of any kind from Real Rise Academy.

    In all written, graphic, or digital material used for Real Rise Academy business purposes, Distributors must represent themselves as a “Real Rise Academy™ Independent Distributor.” In verbal conversations with prospective Distributors, Affiliates, and Members, Distributors must introduce themselves as an “independent Real Rise Academy Distributor.” Distributors shall not lead anyone to believe that they are employees of Real Rise Academy.
  3. Income Taxes. As an independent contractor, you are responsible for paying local, state, and federal taxes on any income generated as a Real Rise Academy Distributor. Every year, Real Rise Academy will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000. To facilitate this reporting, you must provide Real Rise Academy with your Social Security Number, Employer Identification Number, or Taxpayer Identification Number as appropriate.
  4. Tax ID Verification / Substitute W-9. With respect to the Social Security Number, Employer Identification Number, or Taxpayer Identification Number that you provide to Real Rise Academy during the enrollment process, you certify, under penalty of perjury, as follows:
    • The number shown on this enrollment form is my correct taxpayer identification number (or I am waiting for a number to be issued to me);
    • I am not subject to backup withholding because: (i) I am exempt from backup withholding, or (ii) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified me that I am no longer subject to backup withholding; and
    • I am a U.S. citizen or other U.S. person (a U.S. resident alien, a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, an estate (other than a foreign estate), or a domestic trust (as defined in 26 CFR 301.7701-7)).
  5. Adherence to the Agreement. Distributors must comply with the Agreement. If you have not yet reviewed the Terms & Policies at the time you execute this Agreement, they are posted in your Distributor Back-Office. You must review the Terms & Policies within five days from the date on which you execute this Agreement. If you do not agree to the Terms & Policies, your sole recourse is to notify the Company and cancel the Agreement. Failure to cancel constitutes your acceptance of the Terms & Policies. You must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Real Rise Academy.
  6. Amendments to the Agreement. The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in each Distributor’s Back-Office, but amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any amendments, your sole recourse is to cancel the Agreement.
  7. Distributors’ Rights. Distributors:
    • Have the right to sell, and solicit orders for, Real Rise Academy products and services in accordance with these Terms & Policies. It is within the exclusive right of Real Rise Academy to accept or reject orders submitted by Distributors.
    • Have the right to enroll others as Real Rise Academy Members, Affiliates, or Distributors.
    • If qualified, have the right to earn commissions and bonuses pursuant to the Real Rise Academy Compensation Plan.
  8. Assignment of Rights and Delegation of Duties. Distributors may not assign any rights under the Agreement without the prior written consent of Real Rise Academy. Any attempt to transfer or assign the Agreement without the express written consent of Real Rise Academy renders the Agreement voidable at the option of Real Rise Academy and may result in termination of the Agreement.

    If the assets of Real Rise Academy, or a controlling ownership interest in Real Rise Academy, is transferred to a third party, Real Rise Academy may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.
  9. Waiver. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.
  10. Waiver of Right of Publicity. Distributors grant Real Rise Academy an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Distributors waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and finished material.
  11. Minimum Age. Persons under age 18 may not be Distributors and no Distributor shall knowingly recruit or sponsor, or attempt to recruit or sponsor, any person under age 18.
  12. Severability. If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of a Distributor against Real Rise Academy shall not constitute a defense to Real Rise Academy’s enforcement of any term or provision of the Agreement.
  13. Term and Renewal of the Agreement. The term of the Agreement is one year from the date of enrollment. Unless the Agreement has been terminated as provided at Policy 43, the Agreement shall automatically renew for annual one-year terms on each anniversary of the enrollment date. A Distributor may cancel the Agreement at any time and for any reason. If a Distributor does not cancel, the Agreement will be automatically renewed.

    Real Rise Academy reserves the right to terminate all Distributor Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels.

    A participant in this multilevel marketing program has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address or via the Distributor’s Back-Office.
  14. General Conduct. Distributors shall safeguard and promote the good reputation of Real Rise Academy and its products, and must avoid all illegal, deceptive, misleading, unethical, or immoral conduct or practices. Distributors agree that they shall exhibit high moral character in their personal and professional conduct. Distributors shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this provision, and the following list is not a limitation on the standards of conduct to which Distributors must adhere pursuant to this section, the following standards specifically apply to Distributors’ activities:
    • Deceptive conduct is always prohibited. Distributors must ensure that their statements are truthful, fair, accurate, and are not misleading.
    • If the Agreement is cancelled for any reason, the Distributor must discontinue using the Real Rise Academy name, and all other Real Rise Academy intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
    • Distributors may not represent or imply that any state or federal government official, agency, or body has approved or endorses Real Rise Academy, its program, or products.
    • Distributors must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force.
  15. Social Media. In addition to meeting all other requirements specified in these Terms & Policies, should a Distributor utilize any form of social media in connection with her Real Rise Academy business, including but not limited to blogs, Facebook, Twitter, Instagram, LinkedIn, YouTube, or Pinterest, the Distributor agrees to each of the following:
    • Distributors are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media account that they own, operate, or control.
    • Distributors shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, national origin, creed, religion, gender, gender identity, sexual orientation, physical or mental disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
    • No product or service sales or enrollments may occur on or through any social media site. To process sales or enrollments, a social media posting must link only to the Distributor’s Real Rise Academy replicated website, Real Rise Academy’s corporate website or an official Real Rise Academy corporate social media page.
    • It is each Distributor’s responsibility to follow the social media site’s terms of use.
    • Any social media account that is directly or indirectly operated or controlled by a Distributor that is used to discuss or promote Real Rise Academy’s products or the Real Rise Academy opportunity may not link to any website or social media page or account that promotes the products, services, or business program of any direct selling company other than Real Rise Academy.
    • During the term of this Agreement and for a period of 12 calendar months thereafter, a Distributor may not use any social media account on which they discuss or promote, or have discussed or promoted, the Real Rise Academy business or Real Rise Academy’s products to directly or indirectly solicit anyone for another direct selling or network marketing program (collectively, “direct selling”). Violation of this provision shall constitute a violation of the nonsolicitation provision in Policy 27.
    • During the term of the Agreement and for 12 calendar months after the cancellation of a Distributor’s business for any reason, a Distributor shall not take any action on any social media account or page on which they discuss or present, or have discussed or presented, Real Rise Academy’s products or the Real Rise Academy business that may reasonably be foreseen to draw an inquiry from Real Rise Academy’s Distributors relating to the Distributor’s other direct selling business activities or products. Violation of this provision shall constitute a violation of the nonsolicitation provision in Policy 27.
    • If a Distributor creates a business page, team page, or group page on any social media site that promotes or relates to Real Rise Academy, its products, or opportunity, the page may not promote or advertise the products or opportunity of any network marketing business other than Real Rise Academy and its products. If the Agreement is cancelled for any reason or if the Distributor becomes inactive, the Distributor must immediately deactivate the business page, team page, or group page or, at the former Distributor’s option, turn over administrative rights to the page to Real Rise Academy so that the Company may deactivate the page.
    • Distributors shall respect the privacy of other social media users. Distributors shall not engage in abusive social media practices including but not limited to harvesting or trolling for connections, shaming, or bullying others.
  16. Distributor Web Sites and Mobile Apps. A Distributor may not create their own websites or mobile applications to promote their Real Rise Academy business or Real Rise Academy’s products and services. Real Rise Academy products may only be sold or promoted, and new Real Rise Academy Distributors, Affiliates, and Members may be enrolled only, at: (i) the official Real Rise Academy website, (ii) Real Rise Academy-supplied replicated websites, and (iii) official Real Rise Academy mobile apps (if applicable). Prohibited online forums include, but are not limited to, Distributors’ personal websites, online retailers (e.g., Amazon) online auctions (e.g., eBay), and classified listings (e.g., Craigslist).
  17. Sales Tools. No Distributor-Produced Sales Tools Permitted. Distributors must use only Real Rise Academy produced or approved sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the Real Rise Academy business or Real Rise Academy’s products or services. These materials are available in the Distributor Back-Office.
  18. Trademarks and Copyrights. The name “Real Rise Academy” and other names and logos as may be adopted by the Company are proprietary trade names, trademarks, and service marks of Real Rise Academy. The Company grants Distributors a limited license to use its trademarks and trade names in promotional media for so long as the Distributor’s Agreement is in effect. Upon cancellation of a Distributor’s Agreement for any reason, the license shall expire, and the Distributor shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may a Distributor use any of Real Rise Academy’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools.

    Real Rise Academy regularly produces live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Distributors, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Distributors may not record company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.

    In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material are also copyrighted. Distributors shall not copy or make derivatives of any such materials for their personal or business use without the Company’s prior written approval.
  19. Sales Outlets. To support the Company’s direct selling distribution channel and to protect the independent contractor relationship, Distributors agree that they will not sell Real Rise Academy products in any retail, wholesale, warehouse, or discount establishment, or any online retail, auction, or buy-sell site (including but not limited to Amazon and eBay) without prior written approval from Real Rise Academy. Notwithstanding the foregoing, Distributors may display and sell Real Rise Academy products at professional trade shows.
  20. Service-Related Establishments. Distributors may promote and sell Real Rise Academy products in service-related establishments. A service-related establishment is a business establishment whose primary revenue is earned by providing personal service rather than by selling products. Such establishments include offices of accountants, attorneys, and other professionals; doctors, dentists, and other health professionals; health clubs or fitness centers; beauty salons; and any other business where customer use of the establishment is controlled by membership or appointment. Real Rise Academy reserves the right to make the final determination as to whether an establishment is service-related or is a proper place for the sale of its products.
  21. Change of Sponsor. As a rule, Distributors may not change their Sponsors (the Distributors under whom they are enrolled). The only means by which a Distributor may legitimately change his/her Sponsor are by voluntarily canceling the Agreement in writing and remaining inactive for six (6) full calendar months. Following the six-calendar month period of inactivity, the former Distributor may reapply under a new Sponsor. The Distributor will lose all rights to his/her former downline organization upon his/her cancellation.
  22. Waiver of Claims. In cases wherein a Distributor improperly changes his/her Sponsor, Real Rise Academy reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Distributor in his/her second line of sponsorship. DISTRIBUTORS WAIVE ANY AND ALL CLAIMS AGAINST REAL RISE ACADEMY, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM REAL RISE ACADEMY’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW A DISTRIBUTOR WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
  23. Product/Service Claims. Distributors must not make claims, including but not limited to testimonials, about Real Rise Academy’s products or services that are not consistent with the claims contained in official Real Rise Academy literature or posted on Real Rise Academy’s official website. In particular, no Distributor may make any claim that use of Real Rise Academy products or services guarantee financial success, of investment growth, profits, or any other financial term seen as a purported or guarantee of return on investment. Such statements can be perceived as investment claims. Not only do such claims violate Real Rise Academy policies, but they also potentially violate federal and state laws and regulations.
  24. Income Claims. When presenting or discussing the Real Rise Academy opportunity or Compensation Plan to a prospective Distributor, Distributors may not make income projections, income claims, income testimonials, or disclose their Real Rise Academy income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Real Rise Academy Distributor. Nor may Distributors make lifestyle income claims. A lifestyle income claim is a statement or depiction that infers or states that the Distributor is able to enjoy a luxurious or successful lifestyle due to the income they earn from their Real Rise Academy business. Examples of prohibited lifestyle claims include, but are not limited to, the following types of representations:
    • That a Distributor (or his/her spouse) was able to quit his/her job.
    • That a Distributor was able to replace his/her income from a job.
    • That a Distributor was able to pay for a child’s private school or college education due to his/her Real Rise Academy earnings.
    • That a Distributor was able to acquire expensive or luxury material possessions (e.g., homes, cars, jewelry, boats, recreational vehicles, etc.).
    • That because of his/her Real Rise Academy earnings a Distributor was able to travel to exotic or expensive destinations.
    The foregoing income claims restrictions apply to in-person presentations as well as promotional materials distributed by a Distributor including social media postings.
  25. Compensation Plan and Opportunity Claims. When presenting or discussing the Real Rise Academy Compensation Plan and/or the Real Rise Academy opportunity, Distributors must make it clear to prospects that financial success in Real Rise Academy requires commitment, effort, and sales skill. Conversely, Distributors must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to:
    • It’s a turnkey system.
    • The system will do the work for you.
    • Just get in and your downline will build through spillover.
    • Just join and I’ll build your downline for you.
    • The Company does all the work for you.
    • You don’t have to sell anything.
    • All you have to do is buy your products every month.
    The above are just examples of improper representations about the Compensation Plan and the Company’s program. It is important that Distributors do not make these, or any other representations, that could lead a prospect to believe that they can be successful as a Distributor without commitment, effort, and sales skill.
  26. Media Inquiries. Distributors must not interact with the media regarding the Real Rise Academy business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to the Real Rise Academy marketing department.
  27. Nonsolicitation. Real Rise Academy Distributors are free to participate in other network marketing programs. However, during the term of this Agreement and for one year following the termination or cancellation of the Agreement for any reason, a Distributor may not directly or indirectly recruit other Real Rise Academy Distributors (except for the Distributor’s personally sponsored downline Members, Affiliates, and Distributors) for any other network marketing business. The term “recruit” means the direct or indirect, actual, or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another Real Rise Academy Distributor to enroll or participate in another network marketing opportunity. This conduct constitutes recruiting even if the Distributor’s actions are in response to an inquiry made by another Distributor or Affiliate.

    If a Distributor is engaged in another network marketing program, it is the responsibility of the Distributor to ensure that his or her Real Rise Academy business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Distributor must not:
    • Display Real Rise Academy promotional material, sales aids, or products with or in the same location as, any non-Real Rise Academy promotional material or sales aids, products, or services (Instagram, Facebook, Pinterest, and similar social media sites are exempt from this provision).
    • Offer the Real Rise Academy opportunity, products, or services to prospective or existing Members, Affiliates, or Distributors in conjunction with any non-Real Rise Academy program, opportunity, or products.
    • Offer, discuss, or display any non-Real Rise Academy opportunity, products, services, or opportunity at any Real Rise Academy-related trunk-show, meeting, seminar, convention, webinar, teleconference, or other function.
  28. Confidential Information. “Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Real Rise Academy Distributors, Affiliates, and/or Members: (a) that is contained in or derived from any Distributors’ respective Distributor Back-Office; (b) that is derived from any reports issued by Real Rise Academy to Distributors to assist them in operating and managing their Real Rise Academy business; and/or (c) to which a Distributor would not have access or would not have acquired but for his/her affiliation with Real Rise Academy. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Real Rise Academy and is provided to Distributors in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Distributor’s use in building and managing his/her Independent Real Rise Academy business.
  29. Handling Personal Information. If a Distributor receives Personal Information from or about a Distributor, a prospective Distributor, an Affiliate, a prospective Affiliate, a Member, or a prospective Member, it is the Distributor’s responsibility to maintain the security of the Personal Information. The Distributor should shred or irreversibly delete the Personal Information of others once the Distributor no longer needs it. Personal Information is information that identifies or permits a person or entity to contact an individual. It includes the name, address, email address, telephone number, credit card information, social security or tax identification number, and other information associated with these details, of another person including Members, prospective Members, Affiliates, prospective Affiliates, Distributors, and prospective Distributors.
  30. Product Inventory & Bonus Buying. All Real Rise Academy products and services are direct fulfilled by the Company to Members. As such, Distributors do not carry an inventory of Real Rise Academy products or services for resale to customers (Members). Distributors ARE NOT required to subscribe to Real Rise Academy products or services and should only subscribe to such a product or service if they have a current need for the product or service for their own personal use. In addition, bonus buying is strictly prohibited. Bonus buying is the purchase or subscription to a Real Rise Academy product or service for any reason other than bona fide use of the product or service, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions, or bonuses that are not driven by bona fide product or service purchases by end user consumers for actual use.
  31. Limitations on Distributor and Household Businesses. An individual may own, operate, control, or have an interest in, only one Real Rise Academy business, and there may be no more than two Real Rise Academy businesses per household. If there are two Real Rise Academy businesses in a household, both businesses must have the same Sponsor, or one of the businesses in the household must be the immediate Sponsor of the other. A “household” is defined as all individuals including dependent children who are living at the same residential address as a family or in a family-like setting. A household may consist of a single individual or two or more individuals and may consist of individuals living together in a family-like unit who are not related (whether by blood, marriage, domestic partnership, adoption or otherwise. Dependent children attending school away from home are considered part of the household.
  32. Actions of Third Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of a Distributor engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Distributor. “Knowledge” of misconduct is not limited to actual knowledge. If a Distributor engages in acts or omissions that the Distributor knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Distributor, the Distributor shall be deemed to have knowledge of the violation.
  33. Negative Comments/Nondisparagement. Negative comments in the field serve only to sour the enthusiasm of other Distributors. Therefore, Distributors must not disparage, libel, slander, demean, or make negative or critical comments to third parties or other Distributors about Real Rise Academy, its owners, officers, directors, management, employees, other Real Rise Academy Distributors, or the Compensation Plan. Disputes or disagreements between any Distributor and Real Rise Academy shall be resolved through the dispute resolution process, and the Company and Distributors agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum. Complaints and concerns about Real Rise Academy should be directed to the Customer Service Department (support@RealRiseAcademy.com).
  34. Product/Service Sales. The Real Rise Academy Compensation Plan is based on the sale of Real Rise Academy products and services to end consumers (Members). Distributors must fulfill personal and downline organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions, and advancement to higher levels of achievement. The following sales requirements must be satisfied for Distributors to be eligible for commissions:
    • Distributors must satisfy the Personal Volume and Group Volume requirements to fulfill the requirements for their rank as specified in the Real Rise Academy Compensation Plan. “Personal Sales Volume” includes purchases made by the Distributor and purchases made by the Distributor’s personally enrolled Members and Affiliates. Group Volume shall include the total Personal Volume of all Distributors in his or her Marketing Organization but shall not include the Distributor’s Personal Sales Volume.
    • At least 51% of a Distributor’s total monthly Personal Sales Volume must be sold to Members and/or Affiliates.
  35. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to Real Rise Academy for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company from the Distributors who were paid commissions or bonuses based on the original sales of such products. Such unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs and continuing every pay period thereafter until the commissions are fully recovered from the selling Distributor and upline Distributors who received bonuses and commissions on the sales of the refunded products. Likewise, if it is the responsibility of a Distributor to issue a refund to a Member, but if Real Rise Academy issues the refund, the Company may deduct the amount refunded to the Member from the Distributor’s subsequent bonus and commission payments.

    Real Rise Academy reserves the right to withhold or reduce any Distributor’s compensation as it deems necessary to comply with any garnishment or court order directing Real Rise Academy to retain, hold, or redirect such compensation to a third party.
  36. Refunds/Returns. Except as provided herein in Policies 37 – 42, there are no refunds issued for Real Rise Academy products or services and no returns will be accepted. If you have any questions regarding this policy, you may contact the Customer Service Department at 123-123-1234 or support@RealRiseAcademy.com.
  37. Return of Sales Aids by Distributors Upon Cancellation or Termination. Within 30 days from the cancellation or termination of a Distributor’s Agreement, the Distributor may return Sales Tools that he or she personally purchased from Real Rise Academy during the 12-month period preceding the date of cancellation or termination for a refund so long as the goods are in currently marketable condition. (The one-year limitation shall not apply to residents of Louisiana, Maryland, Massachusetts and Wyoming and Puerto Rico). Upon the Company’s timely receipt of returned goods and confirmation that they are in currently marketable condition, the Distributor will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition" if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item is not in currently marketable condition. Back-Office and Replicated website fees are not refundable except as may be required under applicable state law.
  38. Montana Residents: A Montana resident may cancel his or her Distributor Agreement within 15 days from the date on which this application is submitted and may return his or her sales kit within such time and is entitled to a full refund for the sales kit and for any other consideration he/she paid within such time period to participate in the program.
  39. Louisiana, Massachusetts, and Wyoming Residents: If a resident of Louisiana, Massachusetts, or Wyoming cancels the Distributor Agreement, upon receipt of a written request from such canceling Distributor, Real Rise Academy will refund 90% of the costs incurred by such canceling Distributor to participate in the program during the one-year period immediately preceding the date of the cancellation.
  40. Maryland Residents: A Distributor who resides in Maryland may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the Distributor.
  41. Puerto Rico Residents: A Puerto Rico resident may cancel this Agreement at any time within 90 days from the date of enrollment, or at any time upon showing the Company’s noncompliance with any of the essential obligations of the distribution contract or any act or omission by the Company adversely affecting the interests of the cancelling Distributor in the development of the market of the properties or services. Such cancellation must be sent to the Company in writing and sent via registered mail. If a Puerto Rico resident cancels under these conditions, the Company shall: (a) Reacquire the total of the products that he/she purchased from the Company which are in his/her possession and in good condition at a price of not less than ninety percent (90%) of their original net cost; (b) Return to the cancelling Distributor not less than ninety percent (90%) of the original net cost of any services that he/she acquired from the Company; (c) Return 90% of any sum paid by the cancelling Distributor for the purpose of participating in the business.
  42. Other Purchase Cancellation Rights. Members, Affiliates, and newly enrolled Distributors have three business days within which to cancel their initial purchase and obtain a full refund. Residents of Alaska have five business days and residents of North Dakota age 65 and over have 15 days to cancel and receive a full refund. An explanation of these rights is contained on the sales receipt.
  43. Cancellation or Termination of the Agreement; Disciplinary Sanctions.
    • Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by cancelling his/her business through the Distributor Back-Office. The written notice must include the Distributor’s signature, printed name, address, and Distributor I.D. Number. A Distributor may also voluntarily cancel the Agreement by failing to pay the monthly Distributor Replicated Website fee or by withdrawing consent to contract electronically.
    • Cancellation for Inactivity. If a Distributor fails to earn a commission for six consecutive months, his/her Distributor Agreement and Real Rise Academy business will be cancelled for inactivity.
    • Suspension or Cancellation for Non-Payment. A Distributor’s failure to pay any required annual renewal fee or monthly Replicated Website or Back-Office fees when due may result, at the company’s discretion, in the suspension or termination of the Agreement. In the event any such fees remain unpaid for 60 days, the Agreement shall be automatically terminated.
    • Involuntary Cancellation/Termination; Disciplinary Sanctions. Violation of any term of the Agreement, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by a Distributor that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of this Agreement, and/or any other disciplinary measure that Real Rise Academy deems appropriate to address the misconduct. In situations deemed appropriate by Real Rise Academy, the Company may institute legal proceedings for monetary and/or equitable relief, subject to the Dispute Resolution Policy at Policy 52.
    • Effect of Cancellation. So long as a Distributor remains active and complies with the terms of the Agreement, Real Rise Academy shall pay commissions to such Distributor in accordance with the Compensation Plan. A Distributor’s bonuses and commissions constitute the entire consideration for the Distributor's efforts in generating sales and all activities related to generating sales (including building a Marketing Organization).

      A Distributor whose business is cancelled for any reason will lose all Distributor rights, benefits, and privileges. This includes the right to represent yourself as an Independent Real Rise Academy Distributor, to sell Real Rise Academy products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Distributor and the Distributor’s former downline sales organization. There is no whole or partial refund for tangible sales kits that are not currently marketable, Distributor Back-Office, replicated website or renewal fees if a Distributor’s business is cancelled.

      A Distributor whose Distributor Agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
    • Reclassification. If at the time of the cancellation of a Distributor’s Distributor Agreement the Distributor is also a Real Rise Academy Member, the Distributor’s Member Agreement shall continue in force unless the Distributor specifically requests that his or her Member Agreement be canceled. If the former Distributor does not request the cancellation of his or her Member Agreement, the former Distributor shall be reclassified as a Member.
  44. Indemnification. Each Distributor agrees to indemnify Real Rise Academy for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements, or payments of any other nature that Real Rise Academy incurs resulting from or relating to any act or omission by the Distributor that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Real Rise Academy may elect to exercise its indemnification rights through withholding any compensation due the Distributor. This right of setoff shall not constitute Real Rise Academy’s exclusive means of recovering or collecting funds due Real Rise Academy pursuant to its right to indemnification.
  45. Business Transfers. Distributors in good standing who wish to sell or transfer their business must receive Real Rise Academy’s prior written approval before the business may be transferred. A business that is on disciplinary probation, suspension, or under disciplinary investigation is not in good standing and may not be transferred unless and until the disciplinary matter is resolved. Requests to transfer a business must be submitted in writing to the Compliance Department at compliance@RealRiseAcademy.com. The request to transfer will be denied if the business is not in good standing or if there is another reasonable reason for denying the request. Prior to transferring a business to a third party, the Distributor must offer Real Rise Academy the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.
  46. Transfer Upon a Distributor’s Death. Upon the death of a Distributor, the Distributor’s Real Rise Academy business and may be passed to his/her heirs. Prior to such transfer, the beneficiary of the business must provide Real Rise Academy with certified letters testamentary or letters of administration and written instructions of the executor of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a Real Rise Academy Distributor Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled. Because Real Rise Academy cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.) and submit a Real Rise Academy Distributor Agreement in the name of the business entity. Upon the completion of these requirements, Real Rise Academy will transfer the business and issue commissions to the individual beneficiary or business entity.
  47. Divorce of a Distributor. Real Rise Academy is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Real Rise Academy will recognize as the owner of the business the former spouse to whom the business is awarded pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Real Rise Academy business must also execute and submit a Real Rise Academy Distributor Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled.
  48. Dissolution of a Business Entity. If a business entity that operates a Real Rise Academy business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Real Rise Academy business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. The recipient of the Real Rise Academy business must also execute and submit a Real Rise Academy Distributor Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Agreement will be cancelled. If the business entity wishes to sell or transfer its Real Rise Academy business to an individual or entity who was not previously recognized by the Company as an owner of the business entity, it must do so pursuant to policy 45.
  49. Inducing Distributors to Violate the Agreement. Distributors shall not directly or indirectly induce, encourage, or assist another Distributor to violate the Agreement.
  50. Reporting Errors. If a Distributor believes that Real Rise Academy has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Distributor’s income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While Real Rise Academy shall use its best efforts to correct errors reported more than 60 days after the date of the error, Real Rise Academy shall not be responsible to make changes or remunerate Distributors for losses for mistakes that are reported more than 60 days after the mistake occurs.
  51. International Activities. Distributors may not sell Real Rise Academy products or conduct business activities of any nature in any foreign country that the Company has not announced is officially open for business.
  52. Dispute Resolution. If a dispute between a Distributor and Real Rise Academy arises from or relates to the Agreement, the Real Rise Academy business, or the rights and obligations of either party, the parties shall resolve the dispute as set forth in the following dispute resolution provisions.
    1. Stages of Dispute Resolution & General Dispute Resolution Procedures. Disputes between the Company and a Distributor(s) that arise from or relate to the Agreement, the business operated by the Distributor and/or the Company, or the opportunity offered by the Company shall be resolved according to the three-step procedure of (a) informal negotiation; (b) non-binding mediation; and (c) trial before a court for claims under $50,000.00 so long as equitable relief is not sought (except as set forth below), or binding arbitration if the claim is for $50,000.00 or more or if equitable relief is claimed. IF A CLAIM SEEKS DAMAGES OF $50,000.00 OR MORE OR SEEKS EQUITABLE RELIEF (EXCEPT AS SET FORTH BELOW), THE PARTIES AGREE TO RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION AND WAIVE CLAIMS TO A TRIAL BEFORE ANY COURT OR JURY. The following shall apply to all proceedings under this dispute resolution provision:
      • Any claim a party has against the other must be brought within one year from the date on which the act or omission giving rise to the claim occurred. In cases in which informal negotiation is required, once informal negotiation is requested in writing the one-year limitation of actions provisions in this provision shall be tolled until the completion of the mediation phase of this provision and for ten calendar days thereafter.
      • At no time prior to the negotiation and mediation procedures below are completed shall either party initiate arbitration or litigation related to this Agreement or the business except as may be specified otherwise in this dispute resolution provision.
      • All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation and/or mediation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation and/or mediation.
      • Informal negotiations and mediation shall occur in Miami, Florida unless the parties mutually agree on another forum. Informal negotiations shall take place telephonically if either party requests such.
      • Each party shall be responsible for its own attorney’s fees, expert, professional and witness fees incurred in pursuing any claim, regardless of the forum.
      • Under the circumstances in which an action may proceed before a court as authorized in this dispute resolution policy, if litigation is filed in court, the action may be brought in the jurisdiction in which either party resides or has its principal place of business. Notwithstanding the foregoing, if Distributor has exercised his/her right to opt-out of arbitration and subsequent litigation seeks equitable relief and/or damages totaling $50,000 or more, the litigation shall be brought before the federal or state courts residing in Miami Dade County, Florida.
      • If arbitration is filed all arbitration proceedings shall be filed and held in Miami, Florida.
      • A dispute relating to whether the dispute between the Company and a Distributor is subject to arbitration shall be decided through arbitration.
      Step 1 - Informal Negotiation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement or the Company’s business promptly by negotiation between the aggrieved Distributor(s) and executives of the Company who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. A party may, at its election, choose to be accompanied in such negotiation by an attorney. If one party elects to have its attorney present, the other party must also agree to have its attorney present if that party has retained counsel.

      To institute the negotiation process, either party may give the other party written notice of any dispute not resolved in the normal course of business. Within 10 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive and attorney who will accompany that party (if applicable), or the name of the Distributor and his/her attorney (if applicable) who will accompany him/her in the negotiation. Within 20 days after delivery of the notice, the parties and the attorneys (as applicable) of both parties shall meet at a mutually acceptable time and place. Such meeting may occur telephonically or by video conference if one party requests that the meeting be held telephonically.

      Unless otherwise agreed in writing by the negotiating parties, mediation may be commenced one business day following the close of the negotiation phase described above. The negotiation phase is “closed” when one party notifies the other in writing that it considers the negotiation “closed.” Such closure shall not preclude continuing or later negotiations if desired by both parties.

      Step 2 – Mediation. If the parties are unsuccessful in resolving their dispute through good faith negotiation, they shall seek to resolve the dispute through mediation. If a party elects to pursue mediation, the party shall submit a written request for mediation to the other party within 10 calendar days after the negotiation phase is completed. The parties shall have 10 calendar days following such request to select a mutually acceptable mediator. If the parties cannot agree on a mutually acceptable mediator, they shall apply to JAMS to have a neutral mediator appointed.

      Mediation shall be conducted within 20 calendar days from the date on which the mediator is selected or appointed or as otherwise agreed upon by the parties and the mediator.

      Unless otherwise agreed upon by the parties, the mediation shall be closed no later than 30 calendar days following the completion of the meeting between the mediator and the parties.

      Step 3 – Binding Confidential Arbitration or Litigation

      Step 3(a) – Claims for under $50,000.00 with no claim for equitable relief. Claims for less than $50,000.00 and in which equitable relief is NOT sought may be brought pursuant to the arbitration provision below if the parties agree. If the parties do not agree to arbitrate the claim, a claim may be brought before the small claims or district courts in the county in which either party resides or has its principal place of business.

      Step 3(b) – Claims for $50,000.00 or more and/or claims seeking equitable relief - Confidential Arbitration. If a claim seeks $50,000.00 or more and/or seeks equitable relief (excluding equitable relief described in 3(c)), and the parties do not successfully resolve their dispute through the negotiation and mediation procedures above, the dispute shall be resolved through binding confidential arbitration in accordance with the terms of this Dispute Resolution Policy.
    2. Arbitration Opt-Out. A Distributor who does not wish to be subject to this Arbitration provision may opt-out by notifying Real Rise Academy in writing of his/her desire to opt-out of this Arbitration provision within 30 days of the Distributor’s execution of the Agreement. The opt-out notice shall be sent via email to legal@RealRiseAcademy.com. If a Distributor opts-out of arbitration, jurisdiction and venue for the dispute shall be in Miami Dade County, State of Florida, and the dispute shall be governed by the laws of the State of Florida, without regard to principles of conflicts of laws.
    3. Actions Not Subject to Arbitration. Once the Parties have exhausted efforts to resolve their dispute through the informal negotiation and mediation procedures listed above, any remaining disputes and claims that arise from, or relate to, the agreement between Distributor and Real Rise Academy, the Real Rise Academy business, and/or the relationship between Real Rise Academy and Distributor, shall be arbitrated pursuant to the arbitration provision in this policy. Notwithstanding the foregoing, the following claims may be, but need not be, resolved through confidential binding arbitration:
      • Claims by Distributors who have properly opted out of the arbitration provision.
      • Claims alleging damages of less than $50,000.00.
      • Claims that are within the jurisdictional limit of the small claims court in jurisdiction in which the Distributor resides.
      • Claims seeking only public equitable relief that is authorized by state or federal statue and such relief is not available through arbitration.
    4. JAMS to Administer Arbitration. If the dispute between the Company and a Distributor is subject to arbitration, the arbitration shall be filed with, and administered by JAMS in accordance with its Comprehensive Rules and Procedures, which are available on JAMS’ website at http://www.jamsadr.com/rulesclauses/xpqGC.aspx?xpST=RulesClauses. Copies of JAMS Rules and Procedures will also be emailed to Distributors upon request to the Real Rise Academy Compliance Department (compliance@RealRiseAcademy.com). Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:
      • The Federal Rules of Evidence shall apply in all cases.
      • The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.
      • The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
      • The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed and shall last no more than five business days.
      • The Parties shall be allotted equal time to present their respective cases.
      • An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
      • Any dispute relating to whether the dispute is subject to arbitration shall be decided through arbitration.
    5. Confidentiality. Disputes shall remain confidential between the Company and the Distributor in question. With the exception of discussing the claims with bona fide witnesses to the dispute and the party’s legal counsel, neither party nor its agents shall verbally or in writing discuss, publish, or otherwise disseminate any information relating to the dispute. This includes, but is not limited to, discussing claims, allegations, merits, evidence, positions, pleadings, testimony, rulings, awards, orders, issues, or any other aspect of the dispute with or to any third party. A prohibited disclosure can be via any medium including, but not limited to, verbal disclosure, disclosure via the internet, social media, or blog platform. Prohibited disclosures include those made prior to, during, or after any phase of the dispute resolution process. The only exceptions to this confidentiality provision are contained in this dispute resolution policy. Notwithstanding this confidentiality obligation, it shall not be a violation of this confidentiality provision if the Company discloses the final resolution of the dispute and/or any disciplinary measures taken by the Company to the Sponsor and upline of the Distributor with whom it had the dispute.
    6. Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confidentiality obligations under this arbitration provision, the nonbreaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys, agents, or a proxy of a party breaches the confidentiality provision of this dispute resolution provision, the following shall apply:
      • The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each claim, allegation, pleading, or other prohibited disclosure shall constitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence, claims or allegations relating to the dispute to any individual who is, or who may be, a bona fide witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty; AND
      • Breach of the confidentiality provision by disseminating or publishing information described in subparagraph e. above through any form of mass media (including but not limited to posting on the Internet or on any social media platform) by a party, a party’s agent, or a party’s proxy shall constitute an act of wanton and gross bad faith, and shall constitute a waiver of the beaching party’s right to pursue the claim(s) and/or defense(s) against the non-breaching party, and shall entitle the non-breaching party to a default judgment against the breaching party.
    7. Emergency Relief. Either party may bring an action before JAMS seeking emergency relief to protect its intellectual property rights, including but not limited to protecting its rights pursuant to the non-solicitation provisions of these Terms & Policies. A claim or cause of action seeking emergency relief shall be brought pursuant to the Emergency Relief Procedures in JAMS Comprehensive Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule%202, or by contacting the Compliance Department (compliance@RealRiseAcademy.com). The parties agree that any violation of the Nonsolicitation provisions (policy 27) or Confidential Information (policy 28) provisions of these Terms & Policies shall entitle Real Rise Academy to emergency and permanent equitable relief because: (a) there shall be no adequate remedy at law; (b) Real Rise Academy shall suffer immediate and irreparable harm should such policies be breached; and (c) if emergency and permanent equitable relief is not granted, the injury to Real Rise Academy shall outweigh the potential harm to Distributor if emergency and/or permanent equitable relief is granted.
    8. Disputes Not Subject to the Informal Negotiation and/or Mediation Steps. A party need not go through the informal negotiation or mediation steps described above in the following situations:
      • Action to Enforce Arbitration Award or Order. ither party may bring an action to enforce an arbitration award or order in a court properly vested with jurisdiction including, but not limited to, an order for emergency relief.
      • Petitions for Emergency Relief. If a party deems it necessary to seek emergency relief to protect its interests, it may seek emergency relief as set forth in this dispute resolution provision without engaging in the negotiation or mediation process set forth above. Notwithstanding the foregoing, the parties are encouraged, but not required, to engage in negotiation and or mediation concurrently with any pending request for emergency relief.
      • Disciplinary Sanctions. The Company shall not be required to engage in the three-step dispute resolution process prior to imposing disciplinary sanctions for violation of the Agreement.
    9. Remedies. Remedies available to you under U.S. federal laws, and the state and local laws of your state, shall remain available to you in any arbitration proceeding.
  53. Class Action Waiver. All disputes, whether pursued through arbitration or before the courts, that arise from or relate to the Agreement, that arise from or relate to the Real Rise Academy business, or that arise from or relate to the relationship between the parties, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any action against the other party and/or their respective owners, officers, directors, and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as a Distributor. Submit your written opt-out notice to compliance@RealRiseAcademy.com.
  54. Governing Law. The Federal Arbitration Act shall govern all matters relating to arbitration. Except as is otherwise specifically referenced in these Terms & Policies, the law of the State of Florida without regard to principles of conflicts of laws, shall govern all other matters relating to or arising from the Agreement, the business, the relationship between the parties, or any other claim between the Parties. Notwithstanding the foregoing, if a dispute is brought in a small claims court properly vested with jurisdiction, the law of the state in which the small claims court resides shall apply.
  55. Damages for Wrongful Termination. In any case which arises from or relates to the wrongful termination of a Distributor’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of a Distributor’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Distributor’s sole remedy shall be liquidated damages calculated as follows:
    • For Distributors earning up to $10,000.00 in the 12 calendar months prior to termination, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to the Real Rise Academy Compensation Plan in the twelve (12) months immediately preceding the termination.
    • For Distributors earning between $10,000.01 and $20,000.00 during the 12 calendar months prior to termination, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to the Real Rise Academy Compensation Plan in the twenty-four (24) months immediately preceding the termination.
    • For Distributors earning more than $20,000.00 in the 12 calendar months prior to termination, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to the Real Rise Academy Compensation Plan in the thirty-six (36) months immediately preceding the termination.
  56. Damage Waiver. In any action arising from or relating to the Agreement, the 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 parties further waive all claims to exemplary and punitive damages. Nothing in this provision or this Agreement shall restrict or limit a party’s right to recover liquidated damages as set forth in these Terms & Policies.
  57. Louisiana Residents. The dispute resolution provisions in these Policies shall apply to Louisiana residents with the exception that any litigation or arbitration between the Company and a Louisiana resident Distributor may be brought in the Distributor’s home forum and pursuant to Louisiana law.
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