Call MD Plus, Inc.
STATEMENT OF POLICIES
CALL MD PLUS, INC.
STATEMENT OF POLICIES AND PROCEDURES
FOR INDEPENDENT CONTRACTORS (ASSOCIATES)
We want to welcome you to Call MD Plus, Inc., a company whose services/products are designed to help fill the "gaps" in our healthcare system by adding essential access to our members. In addition, we provide training and services to make this a viable business opportunity by extending the longevity of our Independent Business Executives (also referred to as Associates) and retail customers nationwide.
Call MD Plus, Inc. provides the highest quality services/products backed by excellent service to customers and Associates. The Company asks each independent Call MD Plus, Inc. Associate to carry on that image in their activities and communications with consumers and other Associates. Associates have great freedom to operate independently. As an Associate of our Call MD Plus, Inc. team, we ask you to apply our fair practice code of ethics as follows:
-I will conduct my business in an honest, ethical manner at all times.
-I will make no representations about the benefits and savings affiliated with Call MD Plus, Inc. services/products other than those contained in officially approved corporate literature, CDs, DVDs or any material referred to as a sales aid.
-I will provide support and encouragement to my customers to ensure that their experiences with Call MD Plus, Inc. are a successful one. I understand that it is important to provide follow-up service and support to my downline.
-I will motivate and actively work with Associates in my downline organization to help them build their Call MD Plus, Inc. business.
-I will refrain from exaggerating my personal income or the income potential in general and will stress to Associate candidates the level of effort required to succeed in the business.
-I will not abuse the goodwill of my association with Call MD Plus, Inc. to further and promote other business interests (particularly those which may be competitive to the Company) without the prior written consent of the Company.
-I will not make disparaging remarks about other services/products, Associates, or companies; likewise, I will not willfully denigrate the activities or personalities of fellow Call MD Plus, Inc. Associates.
Call MD Plus, Inc., a Florida Corporation
1) Independent Contractor(s):
a) Are hereinafter referred to in these Policies and Procedures as Independent Business Executives or "Associate(s)"
2) Associate Requirements - In order to become an Associate, the applicant must be the age of majority (18) in the nation, province, and region or state in which he/she resides. To become an Associate, an applicant must complete an official Call MD Plus, Inc. (here in after also shown as "Company") Application and Agreement on paper or electronically. Electronic and paper applications will be tracked and logged. I will be required to sign a paper application or an electronic application if one is not already on file. I will also be required to sign a paper or electronic W-9 during the same time frame. That Application and Agreement must be hard or electronically stored at the Company office.
3) Application Procedures
a) For corporations registering as a Call MD Plus, Inc. Associate, the Federal Employer's Identification Number (FEIN) shall be included on their application. The Company reserves the right to accept or reject any person or corporation as an Associate.
b) The application I am submitting to the Company is true and valid information. I am entitled to cancel this Agreement at any time and for any reason with written notice to the Company. I understand that I may not transfer my account or password to another individual. I will not purchase any product solely for the purpose of qualifying for commissions or bonuses. I understand that Associates are independent contractors and cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
4) Government Regulations and Independent Contractor Taxes - Each Associate is an independent contractor and shall comply with all state and local taxes and regulations governing the sale of Call MD Plus, Inc. services/products. There are many tax advantages to owning your own independent business as an independent contractor. Independent contractors are responsible for following regulations of the local, state and federal governments in the countries they operate in. The following applies:
a) Associates will not be treated as employees for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts, or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.
b) Each Associate is required to provide on their Associate application form either their Social Security number or Federal Tax ID number. As the Associate is a self-employed contractor, the Company does not deduct any personal taxes from commission checks.
c) At the end of the calendar year, Call MD Plus, Inc. is obligated by law to provide the Associate and the Internal Revenue Service with a form 1099 reporting the Associate's annual income from the Company. This is required for any Associate with earnings in excess of $600.00 for the calendar year.
5) Representations by Associates - An Associate position with Call MD Plus, Inc. is a precious step to financial independence allowing great personal freedom. This freedom has to be protected for all Associates. Associates are independent contractors, fully responsible for their own business procedures and are not to be considered licensees, agents, or employees of the Company, or purchasers of a franchise. The agreement between the Company and its Associates does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Associate. Additionally:
a) Associates must not represent themselves in any way, orally or in writing, as being an agent, employee, or spokesperson of the Company. Associates have no authority to bind the Company to any obligation. Each Associate shall hold the Company harmless for any claims, damages or liabilities arising out of the Associate's own business practice. The Company will take aggressive action to insure that Associates that violate this policy will be terminated and reported to the proper authorities.
b) Associates will not use Company logos or copyrighted material without written permission from the Company. Additionally, see the paragraph "Associate Recruiting and Advertising Material."
c) Associates are responsible for any expenses that result from their business operations, including, but not limited to, advertising, taxes, fees, legal costs and telephone expenses. The Company will not accept collect telephone calls.
d) The Associate may not use the Company name on any written forms or documents (such as business cards, stationery, bank accounts, business signs) without stating "Associate" and prior approval by the Company.
e) Call MD Plus, Inc. will supply a standardized vendor online to use for all/most paper items.
f) The only web sites allowed to use Call MD Plus, Inc. logo and material will be on servers approved by the Company and in formats allowed by the Call MD Plus, Inc. Corporate staff.
6) Product or Income Claims - Call MD Plus, Inc. Associates agree to make no false or fraudulent representations about the Company, its services/products, the commission plan, or earnings potential. This is an exceptionally sensitive subject because of the unique and proven status of the Company's services/products. The Associate must not make any claims for Company services/products, which are not supported by facts contained in official Company literature. This will be strictly enforced and the suspension of this Associate's contract will be immediate upon reported or observed infractions. If the violation is proved valid your agreement may be terminated.
7) Internet Spam - Unsolicited Commercial Email (UCE) or SPAM is absolutely prohibited on the Internet if it relates to the Company in any manner. This is a very strict policy and may result in the termination of your Associate position. SPAM can cause damage to the Company and all of its independent contractors. Fax blasting, telemarketing or automated telephone calling devices, or the calling of persons who have been listed on any state or federal No-Call Registry in order to offer the Independent Associate income opportunity is also prohibited. Utilization of any of these policies may result in immediate termination to protect the rights of all Call MD Plus, Inc. Associates.
8) Sponsor Responsibilities - Any Associate who sponsors other Associates must fulfill the obligation of performing a bona fide supervisory training function on behalf of those sponsored. Leaders should have ongoing contact and communications with their sales organization. Examples of such supervision may include, but are not limited to the following: newsletters, written correspondence, e-mail, personal meetings, telephone contact, and training sessions, accompanying individuals to corporate events, or sharing genealogy information with those sponsored.
9) Associate Requirements - Any Associate who sponsors other Associates must be on AUTOSHIP / AUTOBILL and or SUBSCRITPTION in order to collect commissions. The new Associate must purchase an Associate's Kit (Business Center), which includes, Customized State Specific Living Will, Medical Power of Attorney, Doctor Consultation, Well-Call Interview and other valuable materials and information. The fee also provides for management services to include computer setup and programming. Once the preceding steps are accomplished, the new Associate is authorized to resell services/products and to enroll new Associates in the program.
10) Returns by a Resigning or Terminated Associate
a) Nationwide - Charges for an Associate kit or any services/products purchased by an independent contractor is 100% refundable within seven (7) working days of purchase. Any items returned must be in resalable condition. Returns made between eight (8) days and sixty (60) days of physical products will be subject to a restocking fee of 10% to put returned items back into inventory. Permission and a return authorization number must be obtained from Call MD Plus, Inc. customer service department before the item is returned. No refunds will be made on shipping and the Associate will pay shipping on the return of items.
b) States with Buy-Back Laws – All of the above apply, AND, for Associates in Maryland and Puerto Rico, the sixty (60) days above is changed to ninety (90) days, AND, for Associates in Georgia, Idaho, Louisiana, Massachusetts, Montana, Nebraska, Oklahoma, South Dakota, Texas and Wyoming, the sixty (60) days above is changed to one (1) year. Further, any additional terms of the buy-back laws in the above mentioned jurisdictions will be honored, and further, Montanan Associates who cancel within 15 (fifteen) days are entitled to a one-hundred percent (100%) refund of any consideration given to participate. Products certified as sold under the seventy percent (70%) rule are no longer subject to buy-back.
11) Partnerships or Corporation Requirements - A partnership or corporation may hold an independent contractor contract upon completion of the Associate application form, and providing on that form in the appropriate space, a Federal Tax ID number. Each individual may participate in only one position per Social Security or FEIN number.
a) Associates may change status under the same sponsor from individual to partnership or corporation status or from partnership to corporation to individual status with proper and complete documentation. There will be a $25.00 charge for this action.
b) The person signing the application on behalf of a partnership or corporation must have the authority of the partnership or corporation for entering into the transaction. In addition, by signing for a partnership or corporation, you certify that no person with an interest of debt or equity in the partnership or corporation has had an interest in an Associate's position in Call MD Plus, Inc. within six (6) months of the date of signature. The principal individual or individuals receiving the income must be disclosed in the application. If not, in the future, if conflict arises this may be construed as a fraudulent application.
12) Networking Cooperation - It is strongly recommended that independent contractors belonging to different networks cooperate with each other for mutual success. There are many benefits that can be accrued from such cooperation. Call MD Plus, Inc. does not restrict an Associate from belonging to another networking company as long as the other company is not in direct competition.
a) Example: An Internet dating site company along with Call MD Plus, Inc. However, only personally sponsored Associates in Call MD Plus, Inc. may be given information about this income opportunity if it supports the sale of Call MD Plus, Inc. services/products.
b) If you contact anyone beyond your personally sponsored, you may be terminated by the Company with cause.
c) All Associates need to understand you should not send emails to your personally sponsored Associates about any other business. This creates problems for the Company. Some may email it to your downline below them! That is not acceptable! It leaves you open to complaints, forcing negative action by the Company.
d) Call MD Plus, Inc. Compliance Office will insist all complaints against another Associate must be in writing and sent by mail to the Company.
13) Transfer of Sponsorship - Call MD Plus, Inc. discourages the transferring from one sponsorship to another. The integrity of the entire network organization is based on the strength of the structure with the network. Allowing for transfers from one sponsor to another lead to strife and disaster. To change sponsorships:
a) The only way that an Associate will be allowed to transfer sponsorship lines is by written resignation to the Company, at which time the Associate may rejoin the network in one year under a new sponsor.
b) The transferring Associate however, will not be allowed to transfer their downline or qualified position with them when they do this sponsorship transfer.
14) Death of an Associate - Upon the death of an Associate, his/her rights to commissions and marketing position, together with the Associate's position duties and responsibilities shall pass to the successors in interest upon written legal notice to the Company. The process is:
a) In order to protect the Company from fraud, Call MD Plus, Inc. requires an original certificate of death and certified copy of the will, trust or other device before allowing the transfer of the Associate's position from the deceased Associate to the named transferee.
b) The successor Associate is required to execute a new Call MD Plus, Inc. Associate Application. There will be a charge of $500.00 for the transfer of ownership.
15) Sale of an Associate's Position - As an Associate, you are free to sell or assign your Associate position for the going market price. The process is:
a) First is notification to Call MD Plus, Inc. The Company charges a nominal fee of $500.00 per sales transaction or assignment for the review process. Upon deposit of the money, the proper Company documentation will be issued to complete the following steps.
b) You must get approval from five levels of upline. However, in order to protect the integrity of Call MD Plus, Inc., the Company must approve any such sales agreements or transfers of interest for substance and form prior to sale.
c) Final reviews by Call MD Plus, Inc. The Company reserves the right to accept or reject the sales agreement and transfer based on the qualifications of the purchasers, any misrepresentations by the seller, or other material issues involving the sale that may have detrimental results for the Company.
d) The Company has first right of refusal.
e) The new entity must successfully complete the company approved training program associated with the rank level of the entity they are acquiring.
16) Associate Kits/Sales Material - Associates may have the option to purchase an Associate kit at the time of their Associate Application and Agreement submission to Call MD Plus, Inc. If a sales kit purchase is made, it will be at Company cost and only one kit will be allowed per person. This sum is not a service or franchising fee but rather is to offset costs incurred by the Company in the production and distribution of the materials needed for Associate use. No additional product purchase is ever required to be an Associate of the Company. No commissions will be paid on the purchase of the Associate kit or business materials or sales aids.
17) Retail Sales - Personal service and sales to customers are the foundation of Call MD Plus, Inc. The entire commission structure is based upon volume of sales to customers by the individual Associate as well as their entire organization.
a) When services/products are sold, the only price, as listed by the Company, may be used. An Associate is free to sell products at any price they deem reasonable considering free market conditions.
b) Company services/products may only be sold by registered Associates of Call MD Plus, Inc. via the Associate Replicated website.
18) Qualifying Rule - It is Company policy to strictly prohibit the purchase of services/products in unreasonable amounts solely for the purpose of qualifying for commissions or advancement within the commission plan. All such forms of front loading are strictly prohibited.
19) Retail Sales in Commercial Outlets - To ensure that each Associate has a fair and equal opportunity, and to encourage ongoing personal support, it is strictly forbidden for Call MD Plus, Inc. services/products to be sold in any retail outlet without prior written consent of the Company. The Company will not discourage such sale, the reason for the notification and consent of the Company is to protect the integrity of the Associate base. Sales literature may be displayed referring the consumer to an Associate without Company permission.
20) Independent Contractor Ethics - Call MD Plus, Inc. will not permit activity that is unethical or unprofessional. The line between aggressive professional marketing efforts, unethical behavior, and harassment can be vague. The Company will intercede when such behavior is evident, and reserves the right to use its sole judgment in deciding whether certain Associate activities are inappropriate and, if determined to be so, to act accordingly.
21) Delivery and Payment Methods - Call MD Plus, Inc. will not ship orders on a C.O.D. basis. All orders for services/products must be prepaid with cashier's check, money order, an approved Visa, MasterCard, American Express card, ACH or other approved method. Shipment will be within five (5) working days of receipt of order, unless some unforeseen event causes a delay in shipment.
22) Customer Product/Services Refund Policy - Call MD Plus, Inc. product refund policies are as follows:
a) Call MD Plus, Inc. will refund any disgruntled purchaser of any Company services/products one-hundred-percent (100%) by replacement in kind for a period of seven (7) days from the date of receipt of the product, excluding shipping charges. Payment will be made upon return of the product in resalable condition. After the expiration of the seven (7) day period, see the return policy. Weekends and holidays will not count in the calculation of the seven (7) day period.
b) Shipping damages or loss in shipping is the responsibility of the common carrier when applicable.
c) Refunds on services billed on a monthly basis will not be prorated on a monthly basis. The last month paid for will not be refunded.
23) Refunds on Resale of Services/Products by Associates – If an Associate resells product face to face to the ultimate consumer, the Associate is responsible for paying out any refunds based on returns. The Associate is expected to conduct their business in a manner consistent with the Company Policies and Procedures, including strict adherence to the Company refund policy. Any violation of this policy will be immediate grounds for suspension or termination of the Associate's rights.
24) Charge Backs - If commissions have been paid to an Associate and subsequent returns on services/products occur which cause refunds to be issued to the purchaser, the commissions overpaid will be charged back against the Associate's and their upline's next commission check, or first checks with available commissions to cover the refunds.
25) Sales Taxes - All Call MD Plus, Inc. services/products are subject to the sales tax in the state, county, or city that levies such a tax and in which a sale occurs if the sales tax applies. This tax is calculated on the retail value of the purchase. Unless the Associate has filed a tax resale number with the Company, the Company will collect the appropriate tax.
26) Sponsorship – All Associates have the right to sponsor other Associates anywhere within the United States, as they may from time to time be legally opened by Call MD Plus, Inc. Every person has the ultimate right to choose his/her own sponsor when they initially sign-up as an Associate with Call MD Plus, Inc.
a) If two Associates should claim to be the sponsors of the same new Associate, Call MD Plus, Inc. will acknowledge the first application received at corporate headquarters.
b) As a general rule, it is good practice to regard the first Associate who meaningfully worked with a prospective Associate or Customer as having first claim to sponsorship. Basic tenets of common sense and consideration should govern. Cross-sponsorship and cross-recruiting are strictly prohibited with Company marketing organizations.
c) In regard to any dispute, the Company reserves the right to make the final decision.
27) Propriety Nature of Downline Reports - Call MD Plus, Inc. may from time to time, supply data processing information and reports to Company Associates concerning their downline organizations. The Associate agrees that such information is proprietary and confidential to both the Company and the individual Associate and is transmitted to the Associate in confidence. The following applies:
a) The Associate agrees that he/she will not disclose such information to any third party directly or indirectly, nor use the information to compete with the Company directly or indirectly.
b) The Associate and the Company both agree that, but for this agreement of confidentiality and nondisclosure, the Company would not provide the above confidential information to the Associate.
28) Annual Renewal Fees and Others - Associates are required to renew their Call MD Plus, Inc. agreements on the anniversary of the date they became an Associate. The annual automatic renewal fee is $99.00, unless an Associate joined with the $200 Lifetime Membership (no annual fee). The Company will distribute renewal forms two months prior to the anniversary date of the individual Associate. Failure to return the agreement by the anniversary date will be construed as a resignation and all agreements between the Company and the Associate will be considered null and void.
a) All commission fees will be paid via Call MD Plus, Inc. check, e-wallet, Direct Deposit or "pay card" Debit cards.
29) Associate Change of Address - Associates must report any change of address by sending written or e-mail notice to Call MD Plus, Inc. home office. It is the Associate's responsibility to make sure the address has been changed.
30) Resignation of Associates - An Associate has the right to terminate their agreement at any time and for any reason without penalty by giving written notice to the Company at its principal place of business.
a) Upon receipt of written notice, all rights to commissions, position, and wholesale purchases cease, and the Associate is no longer entitled to advertise, sell, or promote Call MD Plus, Inc. services/products. The former Associate's downline shall be transferred to his/her sponsor.
b) The resigning Associate is not eligible to be sponsored into Call MD Plus, Inc. again for a period of one year following the date of termination.
31) Sanctions and Enforcement Action - Sanctions will not be employed lightly, nor will the Company be arbitrary or unfair in their use. It is important to remember however, that an Associate who violates these policies and procedures jeopardizes the integrity and standing of all Associates. The Company reserves the right to revoke the status of an Associate or place violators on probation or suspension for a period which may delay their eligibility for advancement in the marketing plan. It is for the benefit of everyone that every Associate abides by the letter and spirit of these policies and procedures.
32) Termination Due To Inactivity – After twelve (12) months (one year) of consecutive inactivity, an Associate will be deleted from the commission structure. The deleted Associate will, however, be eligible for immediate re-sponsorship under new placement.
33) Termination or Suspension of Associate's Position - Call MD Plus, Inc. reserves the right to terminate any Associate at any time, or suspend said Associate for a probationary period, when it is determined that the Associate has violated the provisions of the Associate Agreement, including the provisions of these rights and procedures as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing. Good communications is vital on the part of the Company and the Associate.
a) In the case of one Associate making a complaint against another Associate, the complaint shall be sent to the Call MD Plus, Inc. home office in writing signed in ink. Phone or email complaints will be accepted at the discretion of the Company.
b) Normally, the first warning of a violation of policies or procedures shall be in a phone call to the Associate. This phone call will be documented and kept in file.
c) A second violation will be in writing by certified mail (including common carrier) to the Associate. Suspension of payment of commissions may occur at this time.
d) At the third violation, the Company will ask the offending Associate if they want to sell their position, which includes the rights to downline income, in the next 30 days. This can be done by phone or certified mail (including common carrier) at which time the Associate will have Thirty (30) days to complete the action. An exception to this or other paragraphs above is if the Associate has committed violations that bring attention from regulatory authorities (FTC, FDA, or AG) and the Company has to immediately terminate the Associate to preserve the integrity of the Company.
e) If none of the above is viable to dispute resolution, the Company may terminate the Associate. Upon such a termination, the Company shall notify the Associate by certified mail at the latest address listed with the Company.
f) The terminated Associate agrees to immediately cease representing himself/herself as an Associate, and will not be allowed to ever return to the position of Associate with Call MD Plus, Inc. Where applicable state law on termination of an Associate is inconsistent with Company policy, such state law termination procedures shall be enforced.
g) If the Associate wishes to appeal the termination, Call MD Plus, Inc. must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the Company's termination letter. If the appeal is not received within the fifteen (15) day period, the termination will be automatically deemed final. If the Associate files a timely appeal of termination, Call MD Plus, Inc. will review and reconsider the termination, consider any other appropriate action, and notify the Associate of its decision in writing within (30) thirty days. The decision of the Company will be final and subject to no further review.
h) In the event that the termination is not rescinded, the termination will be effective as of the date of the Company's original termination notice.
i) Upon termination of an Associate's position, all rights to commissions, position, and wholesale purchasing rights cease. The terminated Associate's organization shall be transferred to his/her sponsor. The terminated Associate will not be eligible for future sponsorship.
34) Associate Recruiting and Advertising Material - Because Associates are independent contractors, they may promote their business in any legal and ethical manner, and may advertise without Company approval, provided that they do not use the corporate name, logo or trademarks. Timely advertising copy will be provided by the Company such as "ad slicks" and templated "web sites" however, the following still applies:
a) All intellectual property rights for services/products of the Company, to include patents, copyrights, trade secrets, trademarks, service marks, trade name and other intellectual property rights shall remain the exclusive property of Call MD Plus, Inc.
b) Any advertisement that utilizes the Company name, logo or trademarks must be approved by the Company prior to the advertisement. The ad must also state that the individual placing the ad is a "Associate". Associates agree to grant to the Company unlimited, perpetual and royalty-free rights to any materials submitted by the Associate.
c) Associates are prohibited from answering the phone in any manner that would give callers reason to believe that they have reached the corporate offices of Call MD Plus, Inc. Telephone yellow page ads will expressly contain the term "Independent Business Associate" in at least 10-point type.
d) The Company strictly prohibits Associates from utilizing web sites to advertise or promote the services/products or opportunity, other than official Company sponsored and/or approved and maintained web sites.
e) Any unauthorized advertising or solicitation constitutes a violation to this agreement. The following are all unauthorized forms of advertising or solicitations including, but not limited to:
- Fax / Facsimile
- Call Blasting
- Call Center Activity
- Call Broadcasting
- Text Broadcasting
- Geurilla that could be considered littering
- Mobile Media
- Broadcast Media
- All other Broadcast Media
35) Amendments - Call MD Plus, Inc. expressly reserves the right to alter or amend prices, product availability and/or formulation, policies and procedures, commission plan and all Associate's agenda. Such amendments are automatically incorporated as part of the agreement between the Company and the Associate when published in official Company literature or by electronic communication to include email and web site postings.
36) Waiver - The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the Company who is authorized to bind the Company in contracts or agreements specifies in writing that the Company waives any of these provisions.
37) Invalidity of Any Paragraph - Should any portion of these rights and procedures, of the Associate Application and Agreement, or any other instruments referred to herein or issued by the Company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
38) Governing Laws - These rules are reasonably related to the laws of the state of Florida and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall lay with the place of acceptance of the Associate Application, which shall in all cases be in the city of Tampa, the county of Hillsborough in the state of Florida. Any claims or disputes between parties to this Agreement shall be subject to binding arbitration in Florida, USA, by the rules of the American Arbitration Association. Louisiana residents may choose Louisiana law and arbitrate in New Orleans, Louisiana.
39) Arbitration and Mediation Resources:
National Academy of Arbitrators NAARB www.naarb.com
National Mediation Board NMB www.nmb.gov
40) Notices and Mail to The Company - Any notices or mail to Call MD Plus, Inc. should be sent to the corporate office located at:
Call MD Plus, Inc.
2502 Rocky Point Drive Suite 860
Tampa, FL 33607
41) Welcome to the Call MD Plus, Inc. Team - We look forward to a long and successful future with each and every one of you.