These Terms and Conditions, in their present form and as amended at the discretion of Higher Level FX™, are incorporated into the Higher Level FX™ Business Affiliate User Agreement. These are the terms and conditions of the Business Affiliate's contract with Higher Level FX™. It is the responsibility of each Business Affiliate to read, understand, adhere to, and ensure that they are aware of and operating under the most current version of these Terms and Conditions. You must also comply with the description of the Rewards Plan and honor all applicable laws in the country in which you operate your Higher Level FX™ business. The words "company" and “Higher Level FX", when used in these documents, refer to Higher Level FX™, and the term "BA" means “Business Affiliate". A Business Affiliate is an independent contractor, not an employee of the company.
The purpose of the Business Affiliate Agreement is: to deﬁne the relationship between the company and the BA; to set standards of acceptable business behavior; to assist BA in building and protecting their business. Changes
The Company may from time to time amend the terms and conditions of the BA User Agreement, Terms and Conditions, Rewards Plan and Software Price List. Amendments shall be effective upon notiﬁcation of the changes in ofﬁcial Higher Level FX™ publications, website(s), and/or electronic notiﬁcations distributed to all active BA’s. Consequences of Delays, Closures and Platform Set Up Mistakes
The company shall not be responsible for delays and failures in performing its obligations due to circumstances beyond its reasonable control, such as strikes, labor difﬁculties, riots, war, ﬁre, death, curtailment or interruption of a source of supply, government decrees or orders, cyber hacking, currency exchange issues, ﬁat currency trading platform temporary shutdowns and/or closures, the consequences of an BA clicking the YES/ON button on the trading platforms for withdrawing ﬁat currencies, and any other trading platform set up mistakes made by the BA in direct conﬂict with company trainings and guidelines, etc. Provisions Severable
If any provision of the Business Affiliate User Agreement as it currently exists or as may be amended is found to be invalid, illegal, or unenforceable for any reason, only the invalid provision will be severed from the Business Affiliate User Agreement; the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision never comprised a part of the Business Affiliate User Agreement. Titles Not Substantive
The titles and headings to these Terms and Conditions are for reference purposes only and do not constitute, and shall not be construed as, substantive terms of the Business Affiliate User Agreement. HigherLevel FX products
By purchasing or owning an active HigherLevel FX software license you agree to ALL the following: You fully understand that this is an educational tool which must be used on a demo account and no real money is to be involved what so ever. You fully agree that you will ONLY turn on our software or any of our educational products when you wish to educate yourself so you can examine the trades it took and study them. You must NEVER treat any educational tools from HigherLevel FX as an auto trader for personal or financial gain. Your goals must be education only! Waiver
The company never forfeits its right to require BA compliance with the Business Affiliate User Agreement or with applicable laws and regulations governing business conduct. Only in rare circumstances will a policy be waived, and the Compliance Ofﬁcer or an ofﬁcer of the company will convey such waivers in writing. The waiver will apply only to that speciﬁc case. Becoming a BA
When the company receives and accepts a new BA account registration, the company will assign a unique BA number to that
Business Affiliate. BA must use their BA number whenever they communicate with a company representative regarding business matters. BA Beneﬁts
Once the company accepts aBusiness Affiliate Application and Agreement, the beneﬁts of the Rewards Plan and the Business Affiliate Agreement are available to the new BA.
These beneﬁts include the right to purchase company software products and services; participate in the company Rewards Plan (receive bonuses and commissions, if eligible); sponsor other individuals as Customers or BA’s into the company business and thereby build a Downline Organization and progress through the company Rewards Plan; receive company literature and other company communications; participate in company-sponsored support, service, training, motivational, and recognition functions upon payment of appropriate charges, if applicable; participate in promotional and incentive contests and programs sponsored by Higher Level FX™ for its BA's; BA may retail Higher Level FX™ software products or services and proﬁt from these sales. Operating as a Business Affiliate Actions of Household Members or Afﬁliated Individuals - If any member of a BA's immediate household engages in any activity, which, if performed by the BA would violate any provision of the Business Affiliate User Agreement, such activity will be deemed a violation by the BA.
A BA must adhere to the terms of the company Rewards Plan as set forth in ofﬁcial company literature or ofﬁcial company website(s). BA shall not offer the company opportunity through or in combination with, any other opportunity or unapproved method of marketing (unless approved by the company Corporate or Compliance Department). BA shall not require or encourage other current or prospective Customers or BA’s to participate in the company in any manner that varies from the program as set forth in ofﬁcial company literature. BA shall not require or encourage other current or prospective Customers or BA’s to execute any agreement or contract other than ofﬁcial ofﬂine or online company agreements and contracts in order to become an BA. Similarly, BA shall not require or encourage other current or prospective Customers or BA’s to make any purchase from, or payment to, any individual or other entity to participate in the company Rewards Plan, other than those purchases or payments identiﬁed as recommended or required in ofﬁcial company literature or ofﬁcial company websites(s). Advertising In general
BA’s must avoid all discourteous, deceptive, misleading, illegal, unethical, or immoral conduct or practices in their marketing and promotion of Higher Level FX™, the company opportunity, the Rewards Plan, and company software products. No BA may produce unauthorized sales, marketing, and support materials to market or promote the company, the company opportunity, the Rewards Plan, company's products, or their company businesses (unless approved by company Corporate or Compliance Department in writing).
All BA’s may only use sales aids and support materials produced or currently approved by the company. Sales, marketing and support materials include, but are not limited to, training and recruiting information, brochures, ﬂyers, pamphlets, posters, postcards, letters, classiﬁed advertisements, etc. promoting the company's software products and services, as well as e-mail messages, voicemail message recordings, and Internet Websites used to publicize the company, its software products, services, or Rewards Plan. If BA does use his/her own materials or marketing methods, the BA must contact the company compliance department for pre-approval. Otherwise, the use of such information is unauthorized. Media Inquiries
BA must refer all media inquiries regarding Higher Level FX™ to the Higher Level FX™ Compliance Department. This will ensure that accurate and consistent information reaches the general public. Trademarks and Copyrights
A BA may not use the Higher Level FX™ trademark or trade name or corporate logo to promote their independent business. Rather, they must use the “Business Affiliate" logo to promote their business. A reproducible copy of the logo can be obtained from Higher Level FX™. However, this logo may only be used on personal stationery and speciﬁcally approved literature but not on clothing, signage, or motor vehicles (unless pre-approved by company Compliance Department). BA may describe themselves as a “Higher Level FX™ Business Affiliate" in the business pages of ofﬂine and online telephone directories. BA should not answer the telephone in any manner that might indicate or suggest that the caller has reached a Higher Level FX™ corporate ofﬁce. BA may not record or reproduce materials from any company corporate function, event, speech, etc. (unless pre-approved by company Compliance Department). BA may not record, reproduce, or copy any presentation or speech by any company spokesperson, representative, speaker, ofﬁcer, director, or other BA. BA may not reproduce or copy any recording of a company-produced media presentation including audiotapes, videotapes, CDs, etc. BA may not publish, or cause to be published, in any written or electronic media, the name, photograph or likeness, copyrighted materials, or property of individual Business Affiliates with the company without express written authorization from the individual and/or company. Business Affiliates may not publish, or cause to be published, in any written form or electronic media, the copyrighted materials or property of the company, without express written authorization from the company. Use of Business Affiliate's Name, Likeness, and Image
Business Affiliate's consent to the company's use of their name, testimonial (or other statements about the company, its products or opportunity in printed or recorded form, including translations, paraphrases, and electronic reproductions of the same), and image or likeness (as produced or recorded in photographic, digital, electronic, video or ﬁlm media) in connection with advertising, promoting and publicizing Higher Level FX™ opportunity or products, or any company related or sponsored events. Trading Proﬁt Claims
BA must not make claims that Higher Level FX's software will produce any guaranteed proﬁts of any kind. There are many variables which affect the performance of the software such as market conditions, ﬁat currency volatility, day and time of the trade, just to mention of few variables. Thus there is no way to predict trading software results. You can only mention performance characteristics as contained in ofﬁcial Higher Level FX literature. Income Claims
BA's may not make income projections or claims or disclose their Higher Level FX income (including the showing of checks, copies of checks, bank statements, or trading results) when presenting or discussing the Higher Level FX opportunity or Rewards Plan, except as set forth in ofﬁcial Higher Level FX literature. Unauthorized Recruiting
As an independent contractor, BA's may participate in other direct selling or network marketing or multi-level marketing ventures (collectively, "multi-level marketing"), and BA's may engage in selling activities related to non Higher Level FX products and services if they desire to do so. Although a BA may elect to participate in another multi-level marketing opportunity, they are prohibited from unauthorized recruiting activities, which include the following: recruiting or enrolling Higher Level FX customers or BA's for other multi-level marketing business ventures, either directly or through a third party. This includes, but is not limited to, presenting or assisting in the presentation of other multi-level marketing business ventures to any Higher Level FX customer or BA, or implicitly or explicitly encouraging any Higher Level FX customer or BA to join other business ventures. It is a violation of this policy to recruit or enroll a Higher Level FX customer or BA for another multi-level marketing business, even if the BA does not know that the prospect is also a Higher Level FX customer or BA; producing any literature, recording, or promotional material of any nature for another multi-level marketing business which is used by the BA or any third person to recruit Higher Level FX customers or BA for that business venture; selling, offering to sell, or promoting any competing products or services to Higher Level FX customers or BA. The only exception to this rule is that direct customer and personal enrollees of the BA can be exposed to a product or service (ﬁrst level, personally sponsored only). Higher Level FX may cancel the BA's agreement for violations to this provision. In addition, when a BA participates in other multi-level marketing ventures, the BA may not participate in any Higher Level FX leadership meetings, conferences, qualiﬁcation seminars, and the like. Post-cancellation Solicitation Prohibited
A former BA shall not directly or through a third party solicit any BA or customer to enroll in any direct sales, network marketing, or multi-level marketing program or opportunity for a period of one (1) year after the cancellation of an individual or entity's BA User Agreement. This provision shall survive the expiration of the BA obligations to Higher Level FX, pursuant to the BA User Agreement. Downline Genealogy Reports
The Higher Level FX Downline Genealogy Reports are conﬁdential and contain proprietary business trade secrets. A BA may not use the reports for any purpose other than for developing their Higher Level FX business. During any term of the BA User Agreement and for a period of ﬁve (5) years after the termination or expiration of the BA User Agreement between Business Affiliate and Higher Level FX, for any reason whatsoever, a BA shall not, on his/her own behalf or on behalf of any other person, partnership, association, corporation, or other entity: disclose any information contained in the reports to any third party; use the reports to compete with Higher Level FX or recruit or solicit any BA or customer listed on the reports to participate in other multilevel marketing ventures. This provision shall survive the termination or expiration of this Agreement. Corporation, Partnerships, and Trusts
A corporation, partnership, or trust (collectively referred to in this section as an "Entity") may apply to be a BA by submitting its Articles of Incorporation, Partnership Agreement, or trust documents (these documents are collectively referred to as the "Entity Documents") to Higher Level FX along with a properly completed Corporation, Partnership DBA Registration Form. A BA 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 BA must provide the entity documents and a properly completed BA Agreement and the appropriate registration form. The Corporation, Partnership DBA Registration Form must be signed by all of the directors, shareholders, partners, trustees, or other individuals having an ownership interest in the business. Members of the entity are jointly and severally liable for any indebtedness or other obligations to Higher Level FX. As set forth herein, individual may participate directly or indirectly in more than one BA but must be enrolled by the same sponsor. It is the responsibility of those persons involved in the Entity to conform to the laws of the country and state in which their Entity is formed. Higher Level FX reserves the right to approve or disapprove any Business Affiliate Application and Agreement submitted by an Entity. For the purpose of recognition and rewards, Higher Level FX will only recognize a maximum of two persons in the Entity. The Entity must nominate each year, at it’s Business Affiliate renewal time, the two nominees who may be the recipients of any recognition, rewards, trips, and the like which the entity becomes entitled to participate in. Deceptive Practices
BA must fairly and truthfully explain the Higher Level FX products, opportunity, Rewards Plan, and Terms and Conditions to prospective BA's. This includes: being honest and thorough in presenting material from the Higher Level FX Rewards Plan to all potential BA's; making clear that income from the Higher Level FX Rewards Plan is based on software sales and not merely on sponsoring other BA's; BA shall not make trading proﬁt claims; making estimates of proﬁt that are based on reasonable predictions for what an average BA would achieve in normal circumstances; representing that past earnings in a given set of circumstances do not necessarily reﬂect future earnings; not misrepresenting the amount of expenditure that an average BA might incur in carrying on the business; not misrepresenting the amount of time an average BA would have to devote to the business to achieve the proﬁt estimated, and not stating that proﬁts or earnings are guaranteed for any individual BA; never stating or inferring that you will build a downline organization for anyone else; never stating that proﬁts or earnings are guaranteed for an individual BA; and never stating that any consumer, business, or government agency has approved or endorsed the Higher Level FX products or its Rewards Plan. Independent Contractor Status
BA's are independent contractors and are not purchasers of a franchise or business opportunity. The agreement between Higher Level FX and it’s BA does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the BA. All BA's are responsible for paying their own income and employment taxes. BA will not be treated as employees for any purpose including, but not limited to, workers compensation, superannuation, or insurance. Each BA is encouraged to establish his/her own goals, hours, and methods of sale, so long as he/she complies with applicable laws and the terms and conditions of the BA User Agreement. International
BA may sell and promote Higher Level FX's software products, opportunity, and services or recruit or enroll any potential BA or customer only in countries in which Higher Level FX is approved for business, as announced in ofﬁcial Higher Level FX communications. If a BA desires to conduct business in an authorized country other than the one in which they are a BA, they must comply with all the applicable laws and regulations for that country. Adherence to Laws and Ordinances - You must obey all laws that apply to your business in all jurisdictions and countries you are conducting Higher Level FX business. One BA per Account
A BA may operate, receive compensation from, or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneﬁciary, in only one BA account. However, notwithstanding this rule, your spouse and their children who are of legal age may become a BA and operate their individual BA's as long as your spouse and family member's BA accounts are placed below one of your BA accounts and not in a cross line sales organization. The BA accounts must be a bona ﬁde BA that is operated by the person listed on the agreement and not by the owner of the ﬁrst BA. BA shall not use business entities, trusts, or other devices to avoid this policy. An exception to this policy will be considered on a case-by-case basis if two BA marry or in cases of a BA receiving an interest in another BA account through inheritance from an immediate family member. Requests for exceptions to this policy must be submitted in writing to the Compliance Department. Sale, Transfer, or Assignment of BA
A BA may not sell, transfer, or assign their BA rights to any person or entity without Higher Level FX's express written approval. To obtain approval, you must: be a BA in good standing as determined by Higher Level FX in its sole discretion; before any transfer will be approved by Higher Level FX, any debt obligations the selling BA has with Higher Level FX must be satisﬁed; the transferring BA must be in good standing and not in violation of any of the terms of the BA User Agreement or these Terms and Conditions, to transfer their BA; the combining of BA is not permitted. Higher Level FX will not approve the transfer of a BA to any individual or Entity that is a current BA or who has an ownership interest in any BA. Similarly, Higher Level FX will not approve the transfer of a BA to any individual or Entity that has previously had any ownership interest in or operated, a BA; no individual Business Centers may be transferred separately from the BA. If a BA wishes to transfer their BA account, all Business Centers must be included in the transfer; the transferring BA must notify the Higher Level FX Compliance Department of their intent to transfer the BA account by completing and submitting a signed Transfer of BA and BA Application Form. No changes in the line of sponsorship can result from the transfer of a BA; the transferee must be eligible to become a BA and be acceptable to Higher Level FX in every respect. Separation of an BA
If BA's wish to dissolve their jointly held BA, they must do so in such a way as to not disturb the income or interests of their Upline and Downline Organizations. BA should consider the following when deciding whether or not to dissolve a jointly held BA: if a jointly owned BA is dissolved, any one of the joint owners may operate the BA, but the other joint owners must relinquish their rights to, and interests in, the BA; Higher Level FX cannot divide a Downline Organization, nor can it split commission or bonus checks between the joint owners; if a jointly owned BA is dissolved, the individual(s) who relinquished ownership in the original BA may apply as new BA under any sponsor but may not purchase or join an existing BA. Succession
If a BA dies or becomes incapacitated, their rights to commissions, bonuses, and Downline Organization, together with all BA responsibilities, will pass to his/her successor(s). Upon death or incapacitation, the successor(s) must present the Higher Level FX Compliance Department with proof of death or incapacitation, along with proof of successions, such as a Grant of Probate or an Enduring Power of Attorney, and a properly completed BA Application and Agreement. You may inherit and retain another BA even though you currently own or operate a BA. 7-Day Trial
If membership isn't cancelled within the 7-day trial it will automatically go to a normal membership and begin being charged $159 per month. Affiliate accounts are not eligible for trial. Taxes
BA must comply with all relevant taxation legislation. BA should seek professional advice from their own accountant or tax advisor as to how to keep proper business records and account for tax aspects of their independent business. BA's Higher Level FX income may be subject to income tax and so must be properly accounted for in annual income tax returns. BA's conducting their Higher Level FX business in a businesslike manner may also be entitled to deduct certain expenses incurred in earning their Higher Level FX income. Such expenses should be properly recorded and evidenced by receipts. Telephone and Email Solicitation
The use of any automated telephone solicitation equipment in connection with the marketing or promotion of Higher Level FX, its products, or the Higher Level FX opportunity is strictly prohibited. The use of telemarketing operations to sell software products or services over the telephone, or to recruit BA's is strictly prohibited.
BA's are also forbidden from sending unsolicited e-mail messages or "spamming" to sell products or to recruit other BA’s. All BA’s should also make themselves familiar with relevant privacy legislation. Territories
There are no exclusive territories for marketing Higher Level FX software products or services, nor shall any BA imply or state that he/she has an exclusive territory to market Higher Level FX products or services. Compensation Plan
BEING A CUSTOMER:
You will get $15 EVERY MONTH for each customer referral that signs up (recurring as long as they stay active). If you sign up 3 other paying customers you will get your products for free as long as you keep at least 3 other paying customers under you.
After your first 3 customer referrals instead of paying you $45 per month, we are going to give you access to all customer products for free (a $159 value). From then on your software is free as long as they stay active and for every additional customer referral you will get $15 per month.
ALSO you will receive $15 for each additional customer you personally sign up after your first 3. If one of those customers decides to upgrade to an affiliate then they no longer count towards your 3.
If a person signs up as an affiliate they do not earn you the $15 per month and do not count towards your 3. If one of your 3 personal referrals signs up 3 paying customers then they no longer count towards your 3. You must have 3 paying customers who are not eligible for free products and who are not affiliates.
UPGRADING TO AN AFFILIATE:
To upgrade it is $15 per month and you are not required to keep your product subscription. You will however lose the free product access even if you had 3 customers under you. You will have full access to our compensation plan and be able to build your tree as an affiliate. Any customers you had signed up before becoming an affiliate will carry over into your tree.
THE 66% RULE:
Affiliates who meet the 66% rule, meaning that EACH of their legs has at least 66% of customers and at most 33% of customers who are affiliates OR "Affiliate ONLY", will get paid based on the highest possible rank they have achieved.
People who DO NOT meet the 66% rule, will get paid based on the highest rank level where all requirements are fulfilled.
Here is how you get paid if any of your lanes are under 66%:
You have 500 affiliates and 100 customers on your first lane.
Therefore your percentage ratio is 16.6% which is under 66%.
In this case, your 100 customers will be your 66% and the rest will be filled with affiliates.
You will be ranked based off 150 people in this lane (100 customers + 50 affiliates).
THE 10 DAY HOLDING TANK:
- When you enroll a new member, they will be placed in your 10-day holding tank.
- At this point, you can then choose where to place them into your tree.
- If you do not place someone into your tree within 10 days, they will automatically be placed at the next available slot (going from left to right).
RESIDUALS FROM YOUR TREE:
- We payout a weekly residual income every Friday once you achieve a rank.
- As long as you maintain your rank each week, you will get paid for that rank.
- You always get paid based on the rank you had in the previous week.
- You must earn a rank before Friday in order to get paid the following week.
To be eligible for any ranks you must always have 1 personal referral on each lane. Trade Shows and Expositions
BA may display and/or sell Higher Level FX products at trade shows and expositions, but may not display or sell Higher Level FX products at swap meets, garage sales, ﬂea markets, or farmers' markets as these events are not conducive to the image Higher Level FX wishes to portray. Higher Level FX cannot supply inventory on consignment to BA operating stands at such events. All literature displayed at the event must be ofﬁcial Higher Level FX literature and must clearly identify the individual(s) as Business Affiliates. Transfer of Sponsorship Conﬂicting Enrollments
Every prospective BA has the ultimate right to choose his/her own sponsor. As a general rule, the ﬁrst BA who does meaningful work with a prospective BA is considered to have a ﬁrst claim to sponsorship. Basic tenets of common sense and consideration should govern any dispute that may arise. In the event that a prospective BA or any BA on behalf of a prospective BA, submit more than one BA Application and Agreement to Higher Level FX, listing a different sponsor on each, the company will only consider valid the ﬁrst BA Application and Agreement that it receives, accepts, and processes. If there is any question concerning the sponsorship of an BA, the ﬁnal decision will be made by Higher Level FX. Change of Sponsorship and Cross-line recruiting
Higher Level FX will not permit any change in the line of sponsorship except in the following circumstances: where a BA has been fraudulently or unethically induced into joining. If you terminate your BA in writing you may rejoin under the Sponsor of your choice after a period of four (4) months; following termination of your BA, you may participate as a customer during the four (4) month period. In the event you terminate your BA, you forfeit all rights, bonuses, and commissions under your previous line of sponsoring. You may not avoid compliance with this policy through the use of DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers, etc. If you have been "inactive" (i.e., no purchases or sales of Higher Level FX products or participation in any other form as an BA) for a period of four (4) successive months, you may terminate your BA in writing and rejoin immediately under the sponsor of your choice. Cross-line raiding is strictly prohibited. "Cross-line raiding" is deﬁned as the enrollment or attempted enrollment of an individual or Entity that already has a current BA User Agreement with Higher Level FX, or who has had such agreement within the preceding six (6) calendar months within a different line of sponsorship. The use of trade names, DBAs, assumed names, corporations, partnerships, trusts, spouse names, ﬁctitious ID numbers or any other vehicle to circumvent this policy is prohibited. BA may not demean, discredit, or invalidate other BA in an attempt to entice another Business Affiliate to become part of the ﬁrst BA's downline organization. Responsibilities of Business Affiliates and Sponsors Ongoing Supervision, Training, and Sales
Any BA who sponsors another BA into Higher Level FX must train the new BA in product knowledge, effective sales techniques, the Rewards Plan, and the Terms and Conditions. BA must also supervise and monitor BA in their downline organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As a BA progresses through the various levels of leadership, his/her responsibilities to train and motivate downline BA will increase. Non-Disparagement
In setting the proper example for their downline, BA must not disparage other BA, Higher Level FX's Products, the Rewards Plan, or the company's employees. Such disparagement constitutes a material breach of these Terms and Conditions. Holding Applications or Orders - All BA must forward to Higher Level FX any forms and applications they receive from other BA or applicant BA, or customers or applicant customers, on the next business day after which the forms or applications are signed. Reporting Policy Violations
BA should report any observed violations of a policy violation to the Higher Level FX Compliance Department. Bonuses and Commissions Bonus and Commission Cycles
Higher Level FX pays commissions on a daily, weekly and monthly cycles to the BA's account located in the BA Back Ofﬁce. A BA must review their commissions and report any errors or discrepancies to Higher Level FX within ten (10) days from the date of the commission payment. Errors or discrepancies which are not brought to Higher Level FX's attention within the 10 day period will be deemed waived by the BA. Adjustment of Bonuses and Commissions
BA's earn commissions and bonuses based on software product sales to end consumers. Accordingly, Higher Level FX will adjust commissions and bonuses earned from any sale when the BA or any other end consumer returns the sold software product for a refund. Higher Level FX will deduct the sales volume attributable to the returned product from the upline BA's group volume within the ﬁrst two (2) weeks after the refund is given. Loss of Rights to Commissions
You must be an active BA and in compliance with the terms of the Business Affiliate User Agreement to qualify for commissions and bonuses. Unclaimed Commissions
BA’s who provide Higher Level FX with incomplete or invalid bank account information will have their commission and bonus retained as a credit. Any unclaimed credit will be held in trust for 12 months, during which time Higher Level FX may periodically notify the BA in writing of their credit balance. Dispute Resolution and Disciplinary Proceedings between Business Affiliates Grievances and Complaints
When a Business Affiliate has a grievance or complaint with another Business Affiliate regarding any practice or conduct in relationship to their respective Higher Level FX businesses, the complaining Business Affiliate should ﬁrst discuss the problem with the other Business Affiliate. If this does not resolve the problem, the complaining Business Affiliate should report the problem to their upline to resolve the issue at a local level. If the matter cannot be resolved, it must be reported in writing to the Higher Level FX Compliance Department. The Compliance Department will review the complaint and make a ﬁnal decision. The complaint should identify speciﬁc instances of alleged improper conduct and, to the extent possible, identify the relevant dates on which the event(s) complained of took place, the location(s) where they occurred, and all persons who have ﬁrsthand knowledge of the improper conduct. Compliance Department Review
Upon receipt of a written complaint, the Higher Level FX Compliance Department will investigate the matter, review the applicable policies, and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions consistent with the provisions of this Agreement Disputes between Higher Level FX and Business Affiliates. Mediation and arbitration
All unresolved disputes and claims relating to Higher Level FX, its Rewards Plan, its products, the rights and obligations of its BA and Higher Level FX, or any other claim or cause of action relating to product purchase(s) or performance, either of a BA or of Higher Level FX under the Business Affiliate User Agreement, shall ﬁrst be put before a mediator acceptable to both parties for resolution. Each party shall bear its own costs in the mediation. Should mediation fail to resolve the dispute then it shall be put before arbitration at a location determined by Higher Level FX. Each party to the arbitration shall be responsible for their own costs, including travel expenses, legal and ﬁling fees. This agreement to mediate and, failing mediation, arbitrate will survive any cancellation or expiration of the Business Affiliate User Agreement. Nothing in these Terms and Conditions shall prevent Higher Level FX from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary injunction, preliminary injunction, permanent injunction, or other available relief to safeguard and protect Higher Level FX's interest prior to, during, or following the ﬁling of any arbitration or another proceeding, or pending the rendering of a decision or award in connection with any arbitration or other proceeding. The existence of any BA claim or cause of action against Higher Level FX does not preclude Higher Level FX from enforcing the BA's covenants and agreements contained in the Business Affiliate User Agreement. Disciplinary Actions
Violation of any of the terms and conditions of the Business Affiliate User Agreement, or any illegal, fraudulent, deceptive, or unethical business conduct by a BA, may result, at Higher Level FX's discretion, in one or more of the following sanctions: a written warning, clarifying the meaning and application of a speciﬁc policy or procedure, and advising that a continued breach will result in further sanctions; probation, which may include requiring a BA to take remedial action and will include follow-up monitoring by Higher Level FX to ensure compliance with the Agreement; withdrawal or denial of an award or recognition, or restricting participation in Higher Level FX sponsored events for a speciﬁed period of time or until the BA satisﬁes certain speciﬁed conditions; suspension of certain privileges of BA, including but not limited to placing a software product order, participating in Higher Level FX programs, progressing in the Rewards Plan, or participating as a sponsor, for a speciﬁed period of time or until the BA satisﬁes certain speciﬁed conditions; withholding commissions or bonuses for a speciﬁed period of time or until the BA satisﬁes certain speciﬁed conditions; imposing fair and reasonable ﬁnes or other penalties in proportion to actual damages incurred by Higher Level FX and as permitted by law; and/or terminating an BA. Business Affiliate Services Changes to the BA
Each BA must immediately notify Higher Level FX of all changes to the information contained in the Business Affiliate Application and Agreement. BA may modify their existing Business Affiliate User Agreement by submitting a written request, a properly executed Business Affiliate User Agreement, and appropriate supporting documentation. Certain changes can be made by the BA in the BA's Back Ofﬁce. Addition of Co-applicants
When adding a co-applicant to an existing BA, Higher Level FX requires both a written request and a properly completed Business Affiliate User Agreement containing the applicant's and co-applicant’s signatures. The modiﬁcations permitted within the scope of this paragraph do not include a change of sponsorship. Commission Statements/tax Invoices
Commission Statements/Tax Invoices are provided for all active BA's receiving a commission in your BA Back Ofﬁce. Errors or Questions
In the event a BA has questions about or believes that any errors have been made regarding commissions, bonuses, Downline genealogy reports, orders, or charges, the BA must notify Higher Level FX within thirty (30) days of the date of the purported error or incident in question. Higher Level FX will not be responsible for any error, omission, or problem not reported within ten (10) days. Resolving Problems
If you have any questions regarding shipments, orders, commissions and bonuses, or the Rewards Plan, please message Higher Level FX Support in your BA Back Ofﬁce. Inactivity and Cancellation Policies
BA’s who do not meet the active status requirements speciﬁed in the Higher Level FX Rewards Plan may not receive a commission and may lose accumulated sales volume for the sales generated through their downline organization. Involuntary Cancellation
A BA's violation of any of the terms of the Business Affiliate User Agreement, including any amendments which may be made by Higher Level FX in its sole discretion from time to time, constitutes a material breach of the Business Affiliate User Agreement and may result, at Higher Level FX's option, in any of the disciplinary actions listed herein, including cancellation of their BA. Involuntary cancellation of a BA will result in the BA's loss of all rights to his/her downline organization and any bonuses and commissions generated thereby. A BA whose agreement is involuntarily canceled shall receive commissions and bonuses only for the last full calendar week prior to termination. When a BA is involuntarily canceled, the BA will be notiﬁed by certiﬁed mail at the address on ﬁle with the company or email on ﬁle. Cancellation is effective on the date on which written notice is mailed via certiﬁed mail, return receipt requested, to the Business Affiliate's last known address or when the BA receives actual notice of cancellation, whichever occurs ﬁrst or the date and time the email was sent. In the event of such involuntary cancellation, the Business Affiliate must immediately cease to represent themself as a BA. The BA may appeal the termination to the Higher Level FX Compliance Department. The BA's appeal must be in writing and must be received by the company within ﬁfteen (15) calendar days of the date of Higher Level FX ’s cancellation letter. If Higher Level FX does not receive the appeal within the ﬁfteen day period, the cancellation will be ﬁnal. The BA must submit all supporting documentation with his/her appeal correspondence. The written appeal will be reviewed by the Compliance Department. If the BA ﬁles a timely appeal of termination, the Compliance Department will review and reconsider the termination, consider any other appropriate action, and notify the BA in writing of it’s decision. This decision of the Compliance Department will be ﬁnal. A BA whose Business Affiliate User Agreement is involuntarily canceled may re-apply to become a BA twelve (12) calendar months from the date of cancellation. Any such BA wishing to re-apply must submit a letter to the Higher Level FX Compliance Department setting forth the reasons why he/she believes Higher Level FX should allow him or her to operate a BA. It is within Higher Level FX's sole discretion whether to permit such an individual to again operate a Higher Level FX business. Written Cancellation
A BA may cancel his/her Agreement with Higher Level FX at any time and for any reason by providing written notice or email to Higher Level FX indicating his/her intent to discontinue his/her BA status. The written notice or email must include the BA's signature, printed name, address, and appropriate identiﬁcation number. Effect of Cancellation
Following a BA's voluntary or involuntary cancellation, such former BA shall have no right, title, claim, or interest to the downline organization which they operated or any bonus and/or commission from the sales generated by the organization. Following a BA's voluntary or involuntary cancellation, the former BA shall not hold himself or herself out as a Business Affiliate, shall not have the right to sell Higher Level FX software products or services, must remove any Higher Level FX sign from public view, and must discontinue using any other materials bearing any Higher Level FX logo, trademark, or service mark. A BA who is voluntarily canceled will receive commissions and bonuses only for the last full calendar week prior to his/her cancellation. A BA whose Agreement is involuntarily canceled will receive commissions and bonuses only for the last full calendar week prior to cancellation unless monies were withheld by the company during an investigation period. If an investigation of the BA's conduct results in his/ her involuntary cancellation, he/she shall not be entitled to recover withheld commissions and bonuses. Definitions Active BA - A BA who is trading ﬁat currency using Higher Level FX's software on a daily basis as set forth in the Higher Level FX Rewards Plan. BA - An individual who has executed a Business Affiliate User Application and Agreement which has been accepted by Higher Level FX. BA's are required to meet certain qualiﬁcations and are responsible for the training, motivation, support, and development of the BA's in their respective downline organizations. BA is entitled to purchase Higher Level FX software products at BA prices, enroll customers and new BA's, and take part in all Higher Level FX BA programs. BA User Agreement - The term Business Affiliate User Agreement, as used in the Terms and Conditions, refers to the Business Affiliate Application and Agreement, Higher Level FX's Terms and Conditions, and the Rewards Plan. Cancellation - Termination of an individual's BA. Voluntary Cancellation - The termination of a BA instituted by the BA who elects to discontinue his/her afﬁliation with Higher Level FX for any reason. Downline Organization - A BA's downline organization consists of all BA’s and customers below him/her. Genealogy Report - A report generated by Higher Level FX that provides critical data relating to the identities of BA and sales information of each BA's downline organization. This report contains proprietary trade secret information. Immediate Household - A BA, his or her spouse or de-facto, and dependents. Level - The layers of downline BA's in a particular BA's downline organization. This term refers to the relationship of a BA relative to a particular upline BA, determined by the number of BA between them who are related by sponsorship. Ofﬁcial Higher Level FX Material - Literature, audio or videotapes, and other materials developed, printed, published, or distributed by Higher Level FX. Sponsor - A BA who enrolls a new BA or customer and is listed as the sponsor on the Business Affiliate User Application and Agreement. As the term implies, the sponsor has a responsibility to assist those he/she brings into the business. Upline - The term refers to the BA or BA's above a particular BA in a sponsorship line to the company. Conversely stated, it is the line of sponsors that links any particular BA to the Company.