NETWORKING POLICY
OF LOADMANNA INC.
The policy, rules, procedure, code of conduct,
and principles incorporated in this document exist to regulate training, sales
and marketing operations of LOADMANNA and define the relationship among its
networkers and members. These policies are laid down to prevent illegal and
abusive conduct among its members.
Membership
in the Company carries with it the presumption that the members are informed
and knowledgeable about the governing policies of LOADMANNA as stated
hereunder.
Members
are expected to understand and abide by LOADMANNA’S rules, regulations, policy,
and its code of conduct.
DEFINITION OF
TERMS:
Business Center- Venue or place where business
center owners conduct their seminars, trainings, and selling of products.
Loadmanna- shall refer to Loadmanna
Inc., Board of Directors, and the management of Loadmanna
Inc.
Member- shall refer to Provincial Stockist, City and Municipal Stockist,
Barangay Stockist, and dealers, and retailers.
Cross-lining- member’s act of transferring
from one member’s organization to another. This is a prohibited act.
Down Line- He or She is the sponsored member
who eventually formed part of the network of the sponsor or upline, either
directly sponsored by the latter or not.
Highly Urbanized Cities- Cities with minimum
population of TWO HUNDRED THOUSAND (200,000).
ARTICLE I
QUALIFICATIONS OF
MEMBER IN GENERAL
Any
person at least eighteen years old, a corporation, partnership, cooperative,
organization, or any legal entity may apply and qualify as member of LOADMANNA.
The
applicant for membership must be capable of entering into a contract in
accordance with Philippine Laws. Moreover, he or she must comply with all the
legal requirements in conducting business in the Philippines.
Corporation,
Partnership, organization, cooperative, and other legal entity must be duly
registered before they are allowed to become member of LOADMANNA.
Members
are classified as Provincial Stockist, City or
Municipal Stockist, Barangay Stockist
and dealers.
ARTICLE II
HOW TO BECOME A MEMBER.
To
become a Provincial Stockist in LOADMANNA, one must
be willing to pay the amount of Php 1,500,000.
To
become a City or Municipal Stockist, one must be
willing to pay the amount of Php 194,888.00. For highly urbanized cities, the
amount to be paid is Php500,000.00.
To
become a Barangay Stockist, one must be willing to
pay the amount of Php88,888.00. However, for barangays situated or located in
the National Capital Region, the amount to be paid is Php 194,888.00
To
become a dealer, one must be willing to pay the amount of Php3998.00
All
the AMOUNTS above stated are SUBJECT
TO CHANGE.
Further,
the stockists/Dealers must sign a Memorandum of
Agreement with Loadmanna.
The
agreement is effective upon signing of both parties and receipt of complete
payment by LOADMANNA.
Registration
of the stockist/dealers in the LOADMANNA system shall
follow as a matter of course.
ARTICLE III
MEMBERS
COMMISSION/ PERCENTAGE
Provincial
Stockist, Municipal Stockist,
Barangay Stockist, and dealers shall be entitled to
commission/percentage as stated in the Contract.
However,
resigned, terminated, or inactive stockists/dealers/retailers,
shall not be entitled to commission, percentages, and other benefits discussed
elsewhere in this policy and memorandum of agreement.
A
five (5%) percent commission shall be given to the finder as finder’s fee. The
other five (5%) percent shall be given to the Upline/group who helped the
finder. In this regard, the names of the individuals who assisted the finder
shall be submitted to LOADMANNA for proper accounting and payment.
ARTICLE IV
LOYALTY
Stockists, dealers, and retailers must remain loyal to
LOADMANNA and cannot engage or join any Multi-Level Marketing Companies directly
competing with LOADMANNA while they are active stockists,
dealers, and retailers of the latter. Business Centers shall carry ONLY
LOADMANNA’S products.
ARTICLE V
PROVINCIAL/CITY/MUNICIPAL/BARANGAY
STOCKISTS/DEALERS
Only
one (1) provincial stockist is allowed in one
province and only one (1) stockist per City,
Municipality, or Barangay. There is no limit to the number of dealers in one
Province, City, Municipality or Barangay.
ARTICLE VI
MULTIPLE
HEADS/SLOTS
Selling of Mutiple
slots/heads is allowed. However, LOADMANNA reserves the right to limit the
number of heads/slots to be sold.
ARTICLE VII
RELATIONSHIP AND
REPRESENTATION
LOADMANNA’S
stockists, dealers, retailers, and members are
considered independent contractors and as such there is NO Employer-Employee
relationship between them and LOADMANNA. Thus, LOADMANNA is not responsible and
liable for any misrepresentation made by said Stockists,
dealers, retailers, and members.
ARTICLE VIII
RESELLING OF
ACCOUNTS/HEADS/SLOTS
Reselling
of accounts, heads, slots of stockists/dealers/members
to any individual/entity is prohibited whether he or she belongs to the same
network, group, crossline, upline, downline, relative, or otherwise.
ARTICLE IX
MANAGEMENT OF
ACCOUNTS
The
Stockist/dealer/member is responsible for keeping the
integrity and accuracy of his account. If LOADMANNA determines that false or
fraudulent means are employed in the management of account, LOADMANNA reserves
the right to take disciplinary action which includes suspension or termination
of account.
An
account is considered inactive if there is no activity for a period of six (6)
consecutive months. Inactive accounts shall be automatically deactivated.
ARTICLE X
SUCCESSION OF
ACCOUNTS
Upon
death or total incapacity of the stockist/dealer, his
or her account is transferable ONLY to the latter’s ascendant and descendant
within the 2nd degree. Collateral (Brothers and Sisters) relatives
are allowed to succeed only in the absence of ascendant and descendant within
the 2nd degree.
In
case of transfer under this article, a written request must be submitted to
LOADMANNA by the heir/transferee within thirty (30) days from the time of death
or incapacity. Moreover, the heir must qualify as stockist/dealer.
ARTICLE XI
CHANGE OF UPLINE/TRANSFERRING
TO ANOTHER NETWORK/GROUP
Unless otherwise authorized, It is strictly prohibited for any member to change sponsor.
Unauthorized transfers are considered acts of cross-lining and are strictly
prohibited. LOADMANNA will only consider the first registration as the valid
registration. Any subsequent registration will not be allowed.
Moreover, any activity that involves
soliciting of any member to move or transfer to a different network or group by
making offers such as giving free slots, marketing and financial support and
the like are strictly prohibited.
ARTICLE XII
PROHIBITED ACTS
The following are prohibited acts:
1)
Fraudulent
registration of individual as member without paying the required dealer and
membership fee.
2)
Registration
of fictitious, non-existing, individual, as member to qualify for commissions,
or any benefit.
3)
In
order to preserve the integrity of the Network, Crossline or Crosslining is absolutely prohibited. Any member caught
doing the same shall be dealt with severely.
4)
Reselling
of accounts to another.
5)
Using
fictitious names or dummy or by any other deceitful means to obtain personal
gain and interests.
6)
Soliciting
large sums of money from persons who claim to be investors.
7)
Sexual
Misconduct.
8)
Violation
of any provisions of the code of conduct as defined under Article XX.
ARTICLE XIII
EVENTS EXPENSES
All expenses incurred on events sponsored by
the members shall be shouldered by the sponsoring member. It is the responsibility
of the members to manage and spend for their entire business operations.
Only events sponsored by the LOADMANNA shall
be shouldered by the latter. Other than what is stated in the MEMORANDUM OF
AGREEMENT regarding events sponsorship, LOADMANNA will not entertain requests
from any members for events sponsorship.
Transportation expenses, gasoline and the like
incurred in attending meetings or seminars sponsored by LOADMANNA shall be for
the account of the attending members. In this regard, no request for
reimbursement of any kind shall be entertained by LOADMANNA.
ARTICLE XIV
RESPONSIBILITY OF
UPLINE
UP
LINES are responsible for their direct DOWN LINES in ascertaining that they are
properly trained with respect to LOADMANNA’S eloading
system, products, procedures, policies, and marketing plans. The responsibility
of the UP LINE includes training and ensuring that the down lines attend all
the required trainings and seminars of the company. Expenses incurred in
attending such trainings and seminars shall be for the account of the sponsor/attendees.
UP
LINES shall likewise entertain all the down lines’ inquiries. They shall also
advise the down lines involving proper strategies to take. It is the
responsibility of the UP LINES to inform their down lines concerning new policies
and developments in LOADMANNA.
INDEMNITY CLAUSE
All
members agree to hold LOADMANNA, its officers, directors, consultants, free and
harmless against any claim, demand, liability, loss, cost or expense, damage
including but not limited to legal expenses that may arise concerning their members
or their business.
ARTICLE XV
CONFIDENTIALITY
AGREEMENT
LOADMANNA
is authorized to disclose personal or confidential information of members which
was provided to LOADMANNA in connection with their membership thereto to any
government agency or regulatory bodies if required by law. LOADMANNA may also
use personal information for recognition and testimonials of the members, and
for LOADMANNA’S literature.
ARTICLE XVI
NON-DISCLOSURE
AGREEMENT
Members acknowledge that its entire knowledge of the operation of
LOADMANNA’S business including the knowledge or know-how regarding their
operating, marketing & training systems, products & activities came
from and owned by LOADMANNA and that such information is proprietary,
confidential and a trade secret of LOADMANNA & its affiliates & service
providers.
Members shall maintain the absolute confidentiality of all such
proprietary information during and after the term of the franchise and shall
not use such information in any other business or in any manner not
specifically authorized or approved in writing by LOADMANNA. Members shall
divulge such confidential information to its employees and only to such extent
necessary to operate the business.
ARTICLE XVII
TERMINATION OF
ACCOUNT
Accounts
may be terminated voluntarily or involuntarily. Voluntary termination occurs
when LOADMANNA receives a written notice of termination from the concerned
member. Upon termination, the resigned member is not allowed to register with
another network in direct competition with LOADMANNA for a period of six (6)
months.
Involuntary
termination occurs when LOADMANNA terminates a member for violation of
LOADMANNA’S policy, code of conduct, memorandum of agreement, abandonment of
business (period of inactivity for six consecutive months), failure to set up
an office as required, and for any just cause under the law. Involuntary
termination takes effect after receipt of notice of termination by the member.
Terminated
accounts shall not be entitled to any refund or reimbursement.
ARTICLE XVIII
(PENALTIES)
Members who violate the policy, code
of conduct, and the memorandum of agreement shall be penalized as follows:
1. Holding of commission for 1 month for the 1st
infraction.
2. Forfeiture of commission for the 2nd
infraction.
3. Termination or deactivation of the business
account for the 3rd infraction.
The 1st, 2nd, and 3rd
infraction or violation stated above need not be for the same offense. In all
cases, the penalties for the offenses shall be enforced after notice and
hearing.
However for offenses defined under Article IV,
XI, XII, XV, XX (Code of Conduct, A,F) the penalty for violation thereof is
TERMINATION.
ARTICLE XIX
(GOVERNMENT TAXES)
It is the responsibility of members to pay
their income tax, national or local. Likewise, all members shall be responsible
for income tax on discounts earned as members of LOADMANNA.
Income
received from LOADMANNA as commission based on the marketing plan constitutes
gross income and is exclusive of tax. Ten (10) percent of the gross commission is
deducted by LOADMANNA as withholding tax by the end of each tax year.
ARTICLE XX (CODE
OF CONDUCT)
A.
LOYALTY TO LOADMANNA:
All members shall remain at all times loyal to
LOADMANNA and must comply with its policies. They should not commit acts inimical
to the interests of LOADMANNA, such as but not limited to the following:
1) Joining, representing, associating,
recruiting, and conspiring in any manner for the benefit or advantage of any
company or entity in direct competition with LOADMANNA either domestic or
foreign.
2) Presenting, selling, or offering in any manner
to any company competing directly or indirectly with LOADMANNA, its products,
services, and or marketing plans and strategy.
B.
PROTECTION OF COMPANY NAME:
Members
are enjoined to act properly in its dealings so as not to blemish or tarnish
LOADMANNA’S name and reputation. All members must refrain from making remarks
oral or written which may tend to discredit LOADMANNA.
C.
HONESTY IN DEALINGS:
Members
should act in professional manner at all times in all its dealings and
transactions. They must not make any false statement, empty promises,
misrepresentation, disinformation, and exaggeration. Likewise, members should
not make any spurious claims or should engage in any act circumventing the
marketing plans or strategy of LOADMANNA.
D. HONESTY
AMONG FELLOW MEMBERS:
Members
should remain honest and transparent with their dealings and transaction with
fellow members.
E. RESPECT
TOWARDS MEMBERS OF THE COMPANY:
All
members are enjoined to act and treat each other with respect and humility.
Rudeness, discourteous and disrespectful acts have no place in LOADMANNA.
Members
are likewise enjoined not to interfere with the sponsoring activities of their
fellow members.
Members
are strictly prohibited from influencing other member’s recruits to register
under sponsors apart from the ones who invited them.
F.
DECENCY AND
GOOD BEHAVIOR:
All members are enjoined to observe decency
and good behavior by not committing any immoral act or conduct which tend to
devalue company policies and good morals within the company offices, its
branches, and centers.
LOADMANNA employs zero-tolerance for sexual
conduct, sexual abuses, sexual innuendos, indecent touching and other forms of
sexual violence. The guilty party shall be terminated and the commission
forfeited. Termination under this section shall be made after notice and
hearing.
G.
OBSERVANCE OF LOADMANNA’S RULES,POLICY,
AND CODE OF CONDUCT:
Members must observe LOADMNNA’S Rules, Policy,
and Code of Conduct. Any member who violates wittingly or unwittingly the said
rules, policy, and code of conduct shall be deactivated, terminated, and
suspended as the case may be.
ARTICLE XXI
GENERAL
PROVISIONS
AMENDMENTS IN GENERAL:
LOADMANNA
reserves the right to make any amendments to the rules, procedure, code of
conduct, and or any contract or memorandum of agreement. Any changes,
modification, or amendments will take effect and be binding five (5) days after
publication in LOADMANNA’S website or in other mode of publication whichever is
earlier.
WAIVERS AND
EXCEPTIONS:
LOADMANNA
reserves the right to make waivers and exceptions to the application and
implementation of the rules, regulations, policy, and code of conduct.
SEPARABILITY CLAUSE:
If
any part or provision of this Policy is held invalid, the other provisions not
affected thereby shall remain in force and effect.
VENUE OF ACTION:
The venue of action for all cases arising from
violation of this Policy and Code of Conduct is the proper Court of Calamba,
Laguna.
AMENDMENT OF THE
POLICY AND CODE OF CONDUCT:
LOADMANNA reserves the right to amend this
policy and code of conduct anytime. Amendments shall be effective and
enforceable five (5) days after notice or posting on the company’s website
whichever is earlier.
GOVERNING RULE:
This
policy and code of conduct shall govern the relationship among members of
LOADMANNA. Any provision in the Memorandum of Agreement/Contract, or any
written instrument inconsistent with this Policy is hereby modified or
superseded.
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