Validus IBO Compliance Policy (the “Policy”)
Last Revised on 14.03.2022
In being an Independent Business Owner (“IBO”) of Validus International LLC (“Validus”, “us”, “our” or “we”), certain responsibilities and duties are expected of IBOs in their method of promoting and marketing our online educational courses and for referring potential IBOs.
As you already know, Validus offers licenses to use and market for referral purposes our online educational courses available on TeamValidus.com (the “Website”) and any other services or products provided along with the use for it as we may provide from time to time (the “Products”).
The Terms and Conditions [INSERT LINK] contain the essential details of the relationship between Validus and IBOs. In addition to the Terms and Conditions and our Privacy Policy [INSERT LINK], IBOs must abide by this Policy and the following terms which sets forth the basic fair and ethical principles and practices IBOs must adhere to in exercising their IBO duties.
A. CODE OF CONDUCT
1. Customer Recruiting Practices
1.1 IBOs shall not promote or market our Products in any deceptive, false, unethical or unlawful way. IBOs shall not make any statements, promises or testimonials that are likely to mislead clients or prospective IBOs.
1.2 IBOs must comply with all applicable laws and regulations. Compliance with such laws and regulations by IBOs is a condition of acceptance by and continuing to be an IBO of Validus.
1.3 Any information provided by IBOs concerning the Products and its marketing for referral purposes shall be accurate and complete. IBOs are prohibited from making any representations or promises that cannot be verified or fulfilled or present any marketing opportunity in a false, deceptive or misleading manner.
1.4 IBOs shall not induce a client to purchase our Products by claiming that all or part of the purchase price can be recovered by referring other clients or potential IBOs.
1.5 IBOs shall respect a client’s lack of commercial experience and shall not abuse their trust. This can include, but is not limited to, exploiting a client’s age, illness, handicap, lack of understanding or unfamiliarity with a language.
1.6 Validus is not a financial institute, thus, IBOs cannot advertise Validus as such.
1.7 IBOs must not give any guarantee of returns or financial income whatsoever.
1.8 IBOs must also conduct their promotion and marketing activities in the spirit of fair competition with other IBOs and without infringing their rights.
2. Identification and Privacy
2.1 In approaching clients or potential IBOs, Validus expects IBOs to identify themselves truthfully and clearly, to be honest about the nature of Validus’s products and the purpose for the solicitation. IBOs are expected to approach clients in a polite manner and during reasonable hours. IBOs must not forcefully market or promote our Products to clients and shall halt any promotion or marketing to such client upon their request.
2.2 IBOs shall take reasonable appropriate steps to protect all private information provided by a client or a prospective IBO.
3. Promoting Validus and our Products
3.1 IBOs shall also ensure that any oral, written or visual claims or representations concerning the following shall remain truthful, accurate and is not presented falsely, deceptively or misleadingly regardless if made directly or by implication:
- Validus’s or other IBOs’ gross or net income or profits, including former and current IBOs;
- Potential income amounts to be earned by prospective IBOs; and
- our Products’ standard, quality or value, any testimonial, sponsorship or approval, its performance, place of origin or any guarantee or warranty.
(“Representations”)
3.2 In addition to Clause 3.1, IBOs must also be able to prove such Representations with facts or reliable evidence.
3.3 IBOs shall not make misleading comparisons of another company’s marketing opportunities or products. If any comparison is to be made, they must be based on facts or can be proven with reliable evidence. IBOs shall not degrade any other company, business or product in a false or misleading manner and shall not take unfair advantage of any company’s trade name, business or product either directly or by implication.
3.4 Promotional material, including, but not limited to, advertisements, social media posts, articles and any other type of promotional material, shall comply with this Policy and shall not contain false, deceptive or misleading information relating to our Products and the above Representations. This can include, but is not limited to, statements, photos or illustrations.
3.5 IBOs shall not use any materials that are inconsistent with this Policy. IBOs are also prohibited from marketing any materials that are not approved by Validus and that are inconsistent with this Policy.
3.6 IBOs shall provide clients with accurate information regarding our Products’ price, credit terms, terms of payment, after-sales service (if applicable) and delivery dates.
3.7 If a client asks an IBO a question, IBOs shall give understandable and accurate answers. IBOs shall only make Product claims and Representations to the extent they are authorised by Validus.
3.8 In presenting the marketing opportunities within Validus and making such Representations to prospective IBOs, IBOs must make it clear with sufficient information that:
- actual earnings from marketing opportunities with Validus depends on factors such as time committed, skill level, etc. and can vary significantly between IBOs; and
- any level of income presented is not guaranteed; and
- any amounts mentioned are before expenses, if any.
3.9 IBOs are expected to provide clients and prospective IBOs with necessary information sufficient enough to enable them to make a reasonable evaluation of our Product and the opportunity to earn income.
3.10 IBOs must ensure any Representations they make are documented and verified. IBOs must maintain such documentation and verification and shall make it available to Validus upon written request.
4. Terms of Sale
4.1 IBOs shall not be permitted to directly sell Validus’s Products to clients and shall only be entitled to promote and market our Products in accordance with this Policy and our Terms and Conditions. In the event a client wants to purchase our Products, IBOs shall direct them to the Website where our Products can be bought directly.
4.2 All terms of sale shall be subject to our Terms and Conditions.
4.3 IBOs shall not misrepresent terms of sale to clients. This can include, but is not limited to, claims relating to, our Product prices, capability, performance, availability, existence of a return policy, etc.
5. Validus’s Authority
- Validus shall have the sole authority to determine where a breach of this Policy has occurred.
- Following Clause 5.1, Validus shall have the authority to determine whether a practice is deceptive, unlawful or unethical under this Policy. Compliance with any other applicable law or regulation shall not be considered a defence against Validus’s determination that a practice is deceptive, unlawful or unethical.
- Validus will be able to cease the activities of an IBO and forfeit the IBO’s membership and access to the Website and Products, if the IBO in question has breached any of the terms of this policy.
6. Complaints and Breach of this Policy
- In the event any person shall complain that an IBO has engaged in any improper course of conduct that is in breach of this Policy, Validus shall promptly address the complaint and shall take reasonable steps to investigate the claimed breach.
- In the absence of a complaint, Validus shall also be entitled to investigate an IBO if Validus has a reason to believe an IBO has breached this Policy.
- In the event an IBO has been proven to have breached this Policy, Validus shall be entitled to impose a specific remedy. If the IBO refuses to comply with any remedy imposed by Validus, Validus shall be entitled to forfeit the IBO’s membership and access to the Website and Products.
- In accordance with Clause 6.3, Validus may impose remedies such as cancellation of orders, refund of payments, warnings to IBOs, penalties, termination of the IBO’s membership or any other actions that may be deemed necessary or reasonable in Validus’s opinion.
- If an IBO’s membership is to be terminated, please refer to the Termination clause found in Clause 13 of the Terms and Conditions.
7. Exclusion of Liability
7.1 Validus shall in no way be liable to any party whatsoever for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with an IBOs breach of any term of this Policy.